Rodas v. Monetary Management of California, Inc.

Filing 16

ORDER signed by Magistrate Judge Allison Claire on 1/6/2015 Following Informal Telephonic Conference. Defendant's counsel shall, no later than 1/20/2015 at 2:00 p.m. provide plaintiff's counsel the names, addresses and telephone numbers of the putative class members. The undersigned DECLINES to limit the number of prospective class members. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TITA RODAS, on behalf of herself and all
others similarly situated, and on behalf of
the general public,

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Plaintiff,

No. 2:14-cv-1389 TLN AC

ORDER FOLLOWING INFORMAL
TELEPHONIC CONFERENCE

v.
MONETARY MANAGEMENT OF
CALIFORNIA, INC., a Delaware
corporation, and DOES 1 though 10,
inclusive,
Defendants.

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Pending before the undersigned is a discovery dispute regarding plaintiff’s Interrogatory
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No. 8 and Request for Production No. 12, seeking “the names, addresses, and telephone numbers”
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of the prospective class members. Following unsuccessful meet-and-confer efforts, the parties
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agreed to an Informal Telephone Conference to resolve the dispute. The conference was held on
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January 6, 2015. Both sides having submitted the dispute, the undersigned rules as follows:
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1.

Defendant’s counsel shall, no later than January 20, 2015 at 2:00 p.m., provide to

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plaintiff’s counsel the names, addresses and telephone numbers of the putative class members, in
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compliance with plaintiff’s Interrogatory No. 8 and Request for Production No. 12.
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2.

The undersigned declines to limit the number of prospective class members whose

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contact information defendant must provide to plaintiff’s counsel, to a random sampling, or 10%

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of the prospective class, or in any other way. The undersigned further declines to exclude those

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prospective class members who have signed arbitration agreements with defendant. The

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undersigned is aware that a motion to exclude those who have signed such agreements from the

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class is currently under submission to the Honorable Troy L. Nunley. See ECF No. 9.

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3.

Plaintiff may communicate with putative class members thus identified by

defendant, but only under the following conditions:

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a.

Plaintiff’s communication must be neutral.

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b.

The contact information of the prospective class members is subject to the

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Stipulated Protective Order (ECF No. 11).

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c.

Plaintiff's counsel shall inform each prospective class member that he or

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she has the right not to talk to counsel and that, if he or she elects not to talk to counsel, plaintiff's

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counsel will terminate the contact and not contact them again.

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d.

Plaintiff's counsel must inform prospective class members that Monetary

Management of California, Inc. was compelled by court order to disclose the contact information.

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e.

Plaintiff’s counsel must inform the prospective class members that the

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communication is confidential, however, this does not preclude the prospective class member

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from voluntarily giving a declaration to plaintiff’s counsel.

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f.

Plaintiff’s counsel must provide the prospective class members with the

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contact information of defendant's counsel, accompanied by a warning that defendant's counsel

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does not represent the prospective class members.

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g.

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Plaintiff’s communication with prospective class members must be fair and

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accurate, and must not be misleading, intimidating, or coercive.
IT IS SO ORDERED.
DATED: January 6, 2015

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