Young v. Cate

Filing 64

ORDER APPROVING CLASS NOTICE PROCEDURES signed by Judge Kimberly J. Mueller on 4/16/13 ORDERING the Notice of Pendency of Lawsuit with Opportunity to Join, attached as Exhibit A to the Joint Request, is approved; The Consent to Join Collective Actio n form, attached as Exhibit B to the Joint Request, is approved; Distribution of the Notice of Pendency of Lawsuit with Opportunity to Join and the Consent to Join Collective Action form to all rank-and-file correctional officers currently employed a t Mule Creek State Prison is approved; To be timely filed and accepted, any Consent to Join Collective Action form must be filed with the Court by June 11, 2013. Consent to Join Collective Action forms submitted to the Court after this date shall not be considered timely, and will not be accepted absent a showing of good cause. (Becknal, R)

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VINCENT D. HOWARD, Esquire
GREGORY H. D. ALUMIT, Esquire
HOWARD LAW, PC
675 Anton Boulevard, First Floor
Costa Mesa, CA 92626
Telephone: [phone]
Facsimile: [phone]
www.HowardLawPC.com

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LAWRENCE W. WILLIAMSON, JR., State Bar No. 21282
[e-mail]
WILLIAMSON LAW FIRM, LLC
218 Delaware St. Suite 207
Kansas City, Missouri 64105
Telephone: [phone]
Facsimile: [phone]
www.thewilliamsonfirm.com
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RYAN YOUNG, individually and on behalf of )
)
those similarly situated,
)
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Plaintiff,
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v.
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MATTHEW CATE, in his capacity as the
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Secretary of the California Department of
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Corrections and Rehabilitation,
)
)
Defendant.
)
)

Case No. 2:11-cv-02491-KJM-JFM
ORDER APPROVING CLASS NOTICE
PROCEDURES
HON. Kimberly J. Mueller

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WHEREAS, Plaintiff RYAN YOUNG, individually and on behalf of those similarly situated,

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and Defendant MATTHEW CATE, in his capacity as the Secretary of the California Department of

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Corrections and Rehabilitation, submitted a Joint Request for Approval of Class Notice Procedures

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pursuant to this Court’s ORDER on Plaintiff’s Motion for Conditional Certification (ECF 58); and

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WHEREAS, the parties submitted a proposed Notice of Pendency of Lawsuit with

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Opportunity to Join, attached as Exhibit A to the Joint Request, and submitted a proposed Consent to
-1ORDER APPROVING CLASS NOTICE PROCEDURES

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Join Collective Action form, attached as Exhibit B to the Joint Request;

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IT IS HEREBY ORDERED AS FOLLOWS:

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1. The Notice of Pendency of Lawsuit with Opportunity to Join, attached as Exhibit A to the

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Joint Request, is approved.
2. The Consent to Join Collective Action form, attached as Exhibit B to the Joint Request, is
approved.
3. Distribution of the Notice of Pendency of Lawsuit with Opportunity to Join and the

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Consent to Join Collective Action form to all rank-and-file correctional officers currently

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employed at Mule Creek State Prison is approved. The manner of distribution shall be as

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follows:

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a. Within fourteen (14) calendar days of this Court’s Order approving the Notice

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and Consent to Join form, and method for distribution, Defendant shall inform

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Plaintiff of the names and number of rank-and-file correctional officers currently

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employed at Mule Creek State Prison.

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b. Within seven (7) calendar days of receiving notice of the number of rank-and-file

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correctional officers currently employed at Mule Creek State Prison, Plaintiff

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shall provide Defendant copies of the Notice and Consent to Join form sufficient

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in quantity to effect distribution of one copy of the Notice and one copy of the

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Consent to Join form to each rank-and-file correctional officer currently
employed at Mule Creek State Prison. Plaintiff shall bear all costs in producing
copies of the Notice and Consent to Join forms.
c. Within fourteen (14) calendar days of receiving the copies of the Notice and
Consent to Join forms, Defendant, or his agent, shall place one copy of a Notice

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form, and one copy of the Consent to Join form, in the mailbox of each rank-and25
file correctional officer currently employed at Mule Creek State Prison, located
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in the administrative Personnel Office of Mule Creek State Prison.

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-2ORDER APPROVING CLASS NOTICE PROCEDURES

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d. Upon completing distribution of the Notice and Consent to Join forms,

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Defendant, or his agent, shall file with this Court a Notice and Declaration stating

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that distribution of the Notice and Consent to Join form has been completed.

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4. To be timely filed and accepted, any Consent to Join Collective Action form must be

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filed with the Court by June 11, 2013. Consent to Join Collective Action forms submitted

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to the Court after this date shall not be considered timely, and will not be accepted absent

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a showing of good cause.

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Approved As To Form:
Dated:

February 27, 2013

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By: /s/ Gregory H. D. Alumit, Esquire
Vincent D. Howard
Gregory H. D. Alumit
HOWARD LAW, PC

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By: /s/ Lawrence W. Williamson, Jr., Esquire
(as authorized on December 27, 2011)
Lawrence W. Williamson, Jr.
WILLIAMSON LAW FIRM, LLC

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Attorneys for Plaintiff Young and Class

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By: /s/ Jennifer M. Garten
Jennifer M. Garten, Labor Relations Counsel
California Department of Human Resources

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Attorney for defendant Matthew Cate

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Dated:

February 27, 2013

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IT IS SO ORDERED.

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Dated: April 16, 2013.
UNITED STATES DISTRICT JUDGE

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-3ORDER APPROVING CLASS NOTICE PROCEDURES