Martin v. Sysco Corporation et al

Filing 53

ORDER Granting #52 Stipulation for Class Notice, signed by District Judge Dale A. Drozd on 5/29/2018. (The proposed class notice (Doc. No. 52-1) is approved. Defendant shall provide class members' identifying information to ILYM Group, Inc. within ten (10) business days of the date of service of this order. ILYM Group shall send the notices within five (5) calendar days thereafter.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN MARTIN, on behalf of himself and
all others similarly situated,
Plaintiff,

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ORDER GRANTING STIPULATION FOR
CLASS NOTICE

v.

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No. 1:16-cv-00990-DAD-SAB

SYSCO CORPORATION and SYSCO
CENTRAL CALIFORNIA, INC.,

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(Doc. No. 52)

Defendants.

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On April 20, 2018, the court issued an order granting in part plaintiff’s motion for class

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certification. (Doc. No. 44.) In that order, the court directed the parties to meet and confer to

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ascertain whether a joint stipulated class notice and distribution plan was feasible. (Id. at 17.)

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Following the granting of extensions of time, the parties submitted a joint proposed notice and

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distribution plan on May 25, 2018. (Doc. No. 52.) The parties have agreed to engage ILYM

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Group, Inc. as the class administrator. (Id. at ¶ 5.) Defendant will compile class members’

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identifying information and provide it to ILYM Group within ten (10) business days of an order

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of this court approving the proposed notice, and ILYM Group will send the notices out within

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five (5) calendar days of defendant providing that information. (Id. at ¶¶ 7–8.) Plaintiff will bear

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the costs of mailing the notices. (Id. at ¶ 6.)

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Rule 23 requires that any proposed class notice state the following “clearly and concisely .
. . in plain, easily understood language”:

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(i) the nature of the action;

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(ii) the definition of the class certified;

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(iii) the class claims, issues, or defenses;

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(iv) that a class member may enter an appearance through an
attorney if the member so desires;

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(v) that the court will exclude from the class any member who
requests exclusion;

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(vi) the time and manner for requesting exclusion; and

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(vii) the binding effect of a class judgment on members under Rule
23(c)(3).

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Fed. R. Civ. P. 23(c)(2)(B). The court has reviewed the proposed notice, and it includes each of

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the items listed above in plain language. (Doc. No. 52-1.) Therefore, the court will approve the

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proposed class notice.

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The proposed class notice (Doc. No. 52-1) is approved. Defendant shall provide class

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members’ identifying information to ILYM Group, Inc. within ten (10) business days of the date

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of service of this order. ILYM Group shall send the notices within five (5) calendar days

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thereafter.

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IT IS SO ORDERED.

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Dated:

May 29, 2018
UNITED STATES DISTRICT JUDGE

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