Quiroz v. City of Ceres

Filing 35

ORDER Granting Parties' 33 Stipulation Regarding Facilitated Notice Pursuant to 29 U.S.C. § 216(b), signed by District Judge Dale A. Drozd on 7/7/2017. (Gaumnitz, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CARLOS A. QUIROZ,

12
13
14
15

No. 1:17-cv-00444-DAD-MJS

Plaintiff,
ORDER GRANTING PARTIES’
STIPULATION REGARDING FACILITATED
NOTICE PURSUANT TO 29 U.S.C. § 216(b)

v.
CITY OF CERES,
Defendant.

(Doc. No. 33)

16
17

This matter is before the court on the parties’ stipulation regarding the issuance of a

18

facilitated notice of collective action to all potential plaintiffs to this action. On June 22, 2017,

19

this court granted in part plaintiff’s motion for conditional certification and facilitated notice

20

under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA”). (Doc. No. 29.) In its

21

order, the court found good cause to issue a notice of collective action to all potential plaintiffs,

22

and directed the parties to meet and confer, and if possible, to jointly filed a proposed notice.

23

Accordingly, on July 6, 2016, the parties submitted a stipulation regarding a proposed notice.

24

(Doc. No. 33.) Therein, the parties indicate that they are unable to agree on a portion of the

25

proposed notice—specifically, language concerning the effect of not joining this lawsuit—and

26

have submitted two alternate versions. (See Doc. Nos. 33-2 (plaintiff’s proposed notice) & 33-3

27

(defendant’s proposed notice).) Having reviewed the parties’ proposals, the court finds

28

defendant’s proposal appropriate.
1

1

Accordingly,

2

1. The parties’ stipulation regarding the issuance of a facilitated notice of collective

3

action (Doc. No. 33) is granted;

4

2. Plaintiff Carlos Quiroz, shall be appointed collective action representative;

5

3. Plaintiff’s counsel, Mastagni Holstedt, APC, shall serve as counsel for the collective

6

class;

7

4. The court approves defendant’s proposed class notice (Doc. No. 33-3); and

8

5. The parties are ordered to prepare and distribute the class notice to potential plaintiffs
in a manner consistent with the parties’ stipulation.

9
10
11

IT IS SO ORDERED.
Dated:

July 7, 2017
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2