Sliger et al v. Prospect Mortgage, LLC et al

Filing 77

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 10/13/11 ORDERING that the Court granted Pltfs' Motion for Conditional Certification and Judicial Notice, in part, on 8/24/11, 71 , and ordered the parties to submit a joint proposal for notice to the class, or separate stmts as to why no such joint proposal could be reached. The parties have conferred re the form and procedure for providing notice to the class, and have submitted a joint stipulation to the Court. The Court her eby adopts the parties Stipulation in full. The notice sent to the members of the class will be in the form attached as Exhibit A to the parties' Stipulation; Within 21 days of this Order, Dft shall provide Pltfs with a list of all persons who a re, or were, employed by Dft as a loan officer at any time from 3 yrs prior to the date of this Order, and continuing to the present, and who were paid on a commission-only basis. The above-referenced list will be provided in Excel, or similar impor table format, and will include each class member's (1) name, (2) job title, (3) last known address, (4) dates of employment, and (5) location of employment. The notice will be distributed by Pltfs' counsel via U.S. Mail only. The notice period will extend 60 days from the date notice is mailed. (Becknal, R)

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Matthew C. Helland, CA State Bar No. 250451
[e-mail]
Robert L. Schug, CA State Bar No. 249640
[e-mail]
NICHOLS KASTER, LLP
One Embarcadero Center, Suite 720
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and the Proposed Classes

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO

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ELIZABETH SLIGER, CAROL DION and
SCOTT AVILA, individually, on behalf of
others similarly situated, and on behalf of the
general public,

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Plaintiffs,
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v.
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PROSPECT MORTGAGE, LLC, and DOES 1- )
50, inclusive,
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Defendants.
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Case No. 2:11-CV-00465-LKK-EFB
STIPULATION REGARDING FORM
AND PROCEDURE FOR FLSA
NOTICE PURSUANT TO
29 U.S.C. § 216(b)
[L.R. 143]

Complaint Filed: October 18, 2010

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STIPULATION REGARDING FORM AND PROCEDURE FOR JUDICIAL NOTICE

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IT IS HEREBY STIPULATED, by and between ELIZABETH SLIGER, CAROL DION,

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and SCOTT AVILA (“Plaintiffs”) and PROSPECT MORTGAGE LLC (“Defendant”), through

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their respective undersigned counsel, as follows:

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WHEREAS, Plaintiffs filed their Motion for Conditional Certification on June 28, 2011;

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WHEREAS, the Court granted the Motion, in part, on August 24, 2011, (ECF No. 71);

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WHEREAS, the Court ordered the parties to submit a joint proposal for notice to the

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class, or separate statements as to why no such joint proposal could be reached, within 45 days of

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the date of the Order; and

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WHEREAS, the parties subsequently conferred, pursuant to the Court’s Order, regarding
the form and procedure for providing notice to the class.
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and
Defendant, through their respective undersigned counsel, that:

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The notice sent to the members of the class will be in the form attached as Exhibit A;

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Within twenty-one days of the entry of this Stipulation, Defendant shall provide Plaintiffs

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with a list of the class conditionally certified by the Court: all persons who are, or were,

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employed by Defendant as a loan officer at any time from three years prior to the date of this

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Stipulation, and continuing to the present, and who were paid on a commission-only basis;

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The above-referenced list will be provided in Excel, or similar electronic and importable

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format, and will include each class member’s (1) name, (2) job title, (3) last known address, (4)

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dates of employment, and (5) location of employment;

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The notice will be distributed by Plaintiffs’ counsel via U.S. Mail only;

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The notice period will extend 60 days from the date notice is mailed.

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IT IS SO STIPULATED.

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STIPULATION REGARDING FORM AND PROCEDURE FOR JUDICIAL NOTICE

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DATED: October 7, 2011

NICHOLS KASTER, LLP

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By___/s/ Robert L. Schug__________________
Matthew C. Hellend
Robert L. Schug
Attorneys for Plaintiffs
ELIZABETH SLIGER, CAROL DION and
SCOTT AVILA, et al.

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DATED: October 7, 2011

SEYFARTH SHAW LLP

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By

/s/ Brandon R. McKelvey
Brandon R. McKelvey
Attorneys for Defendants
PROSPECT MORTGAGE, LLC

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STIPULATION REGARDING FORM AND PROCEDURE FOR JUDICIAL NOTICE

ORDER

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The Court granted Plaintiffs’ Motion for Conditional Certification and Judicial Notice, in

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part, on August 24, 2011, (ECF No. 71), and ordered the parties to submit a joint proposal for

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notice to the class, or separate statements as to why no such joint proposal could be reached. The

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parties have conferred regarding the form and procedure for providing notice to the class, and

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have submitted a joint stipulation to the Court. The Court hereby adopts the parties Stipulation

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in full.

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The notice sent to the members of the class will be in the form attached as Exhibit A to
the parties’ Stipulation;

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Within twenty-one days of this Order, Defendant shall provide Plaintiffs with a list of all

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persons who are, or were, employed by Defendant as a loan officer at any time from three years

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prior to the date of this Order, and continuing to the present, and who were paid on a

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commission-only basis.

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The above-referenced list will be provided in Excel, or similar importable format, and

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will include each class member’s (1) name, (2) job title, (3) last known address, (4) dates of

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employment, and (5) location of employment.

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The notice will be distributed by Plaintiffs’ counsel via U.S. Mail only.

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The notice period will extend 60 days from the date notice is mailed.

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IT IS SO ORDERED.

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Dated: October 13. 2011

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STIPULATION REGARDING FORM AND PROCEDURE FOR JUDICIAL NOTICE