Greer v. Dick's Sporting Goods, Inc.

Filing 70

ORDER signed by District Judge Kimberly J. Mueller on 3/15/2018 ORDERING that with the correction of the typographical errors noted in this order, court APPROVES the class notice and exclusion form and issues the following class notice plan: within 10 days, DSG shall provide class information to the administrator; within 15 days thereafter, the administrator shall update all addresses in database and mail the Class Notice; opt outs are due within 45 days of the Notice postmark; within 7 days after the opt-out deadline, the administrator shall remove all opt-out class members from the class list and produce the updated list to Class Counsel. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMY GREER, individually, and on
behalf of others similarly situated,
Plaintiff,

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ORDER

v.

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No. 2:15-cv-01063-KJM-CKD

DICK’S SPORTING GOODS, INC., a
Delaware corporation; and DOES 1
through 100, inclusive,
Defendants.

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On February 7, 2018, the court issued an order granting in part and denying in part

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plaintiff Jimmy Greer’s motion for approval of class notice and notice plan. ECF No. 66. The

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court ordered the parties to jointly implement the court’s changes to the proposed notice and file

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the revised notice within fourteen days of the court’s order. Id. at 11-12. The court also ordered

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plaintiff to provide a supplemental explanation of its administrator CPT Group’s processes for

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confirming class members’ mailing addresses and processing mail returned as undeliverable. Id.

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at 10. The court advised that it would “issue an order noting additional changes, if any,

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approving the notice and issuing a notice plan” upon the parties’ filing. Id. at 12.

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The parties now submit a jointly revised class notice accompanied by CPT

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Group’s declaration describing its relevant processes. See ECF No. 68 at 2-3 (Declaration of

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Plaintiff’s Counsel), Ex. A (Revised Notice), Ex. B (Revised Exclusion Form) & Ex. C (CPT

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Group Declaration). Although the parties were provided an opportunity to raise objections to the

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court’s revisions to the proposed class notice, ECF No. 66 at 11-12, the parties raised no such

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objections, see ECF No. 68 at 2. CPT Group’s declaration satisfies the court’s concerns and the

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parties have incorporated the court’s required changes to the notice. Accordingly, with the

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correction of the typographical errors noted below, the court approves the class notice and

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exclusion form and issues a class notice plan.

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I.

Typographical Errors

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The parties are ORDERED to correct the following typographical errors in the
class notice:

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- ECF No. 68 at 5: Delete the comma between “currently work” and “or previously

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worked.”

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- ECF No. 68 at 6: Add a space after the sentence, “This case is proceeding on behalf of

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two classes of employees defined as follows:” and before the description of the class.

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- ECF No. 68 at 8: Delete the extra space between paragraphs 6 and 7.

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- ECF No. 68 at 11: Change 2017 to 2018 and change all red text to black text.

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II.

Notice Plan

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The court APPROVES the following notice plan:

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Ten (10) days after the date of this order, DSG shall provide class information,

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including the full name, last known home address, phone numbers, social security number and

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employee identification number, to the administrator in Microsoft Excel or other spreadsheet, in

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comma-separated value or tabular data format.

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No later than 15 days after DSG provides class information to the administrator,

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the administrator shall (1) update all addresses through the National Change of Address Database

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maintained by the U.S. Postal Service and (2) mail (first class, postage prepaid) the Class Notice

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to all class members.
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To opt-out, class members must email or sign and return opt-out forms to the
administrator with a postmark date of 45 days from the mailing date or earlier.
No later than 7 days after the opt-out deadline, the administrator shall (1) remove

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all class members who returned a timely opt-out form from the class list and (2) produce the

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updated list to Class Counsel.

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IT IS SO ORDERED.
DATED: March 15, 2018.

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UNITED STATES DISTRICT JUDGE

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