Guinn v. Sugar Transport of the Northwest, Inc.

Filing 16

STIPULATION and ORDER regarding Notice of Class Action Lawsuit signed by Senior Judge William B. Shubb on 6/2/16. (Jackson, T)

1 JAMES L. PAGANO, ESQ. (Cal. State Bar No. 098185)
IAN A. KASS, ESQ. (Cal. State Bar No. 184480)
2 PAGANO & KASS, APC
96 North Third Street, Suite 525
3 San Jose, California 95112
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff, RYAN GUINN,
6 an individual, on behalf of himself, and on
behalf of all other persons similarly situated

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8 ALAN S. LEVINS, ESQ. (Cal. State Bar No. 057612)

LITTLER MENDELSON, P.C.
th
9 333 Bush Street, 34 Floor
San Francisco, CA 94104
[phone]
10 Telephone:[phone]
Facsimile:
[e-mail]

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JOHN H. ADAMS, JR., ESQ. (Cal. State Bar No. 253341)

12 LITTLER MENDELSON, P.C.
500 Capitol Mall, Suite 2000
13 Sacramento, CA 95814
Telephone: [phone]

14 Facsimile: [phone]
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[e-mail]
Attorneys for Defendant,

16 SUGAR TRANSPORT OF THE NORTHWEST, INC.
17
IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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21 RYAN GUINN, an individual, on behalf of
himself, and on behalf of all other persons
22 similarly situated,

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Plaintiffs,

24 v.

Case No.: 2:16-cv-00325-WBS-EFB
STIPULATION
AND
[PROPOSED]
ORDER REGARDING NOTICE OF
CLASS ACTION LAWSUIT
Judge: Hon. William B. Shubb
Courtroom: 5

25 SUGAR TRANSPORT OF THE

NORTHWEST, INC., a California
26 corporation, and DOES 1 through 100,

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Defendants.
____________________________________/

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STIPULATION AND [PROPOSED] ORDER REGARDING NOTICE OF CLASS ACTION LAWSUIT

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COME NOW, Plaintiff, RYAN GUINN (APlaintiff@), and Defendant, SUGAR

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2 TRANSPORT OF THE NORTHWEST, INC. (ADefendant@) ((hereafter, Plaintiff and Defendants
3 will be referred to collectively as Athe Parties@), by and through their respective attorneys of record,
4 hereby stipulate and agree as follows, with regard to providing notice of this Case to putative class
5 members consisting of Defendant=s former driver employees in California (hereafter APutative Class
6 Members@):
7

1.

The Parties stipulate and agree that, within five (5) days of the entry of this Stipulated

8 Order, a notice, titled, ANOTICE OF REQUEST FOR DISCLOSURE OF YOUR CONTACT
9 INFORMATION@ (Athe Notice@), will be sent by Simpluris, Inc. (ANotice Administrator@). The
10 Notice will be in the form that is attached hereto as Exhibit AA.@
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2.

The Parties further stipulate and agree that, with the referenced Notice, Notice

Administrator will send to the Putative Class Members a pre-addressed response postcard in the form
attached hereto as Exhibit AB.@
3.

The Parties further stipulate and agree that the Putative Class Members will be given

twenty (20) days from the date Notice Administrator mails the Notice (with the response postcards)
in which to object to their name, address(es), and telephone number(s) being provided to Plaintiff=s
counsel (AObjection Period@).
4.

The Parties further stipulate and agree that, on the third business day after the

conclusion of the Objection Period, Notice Administrator shall disclose to Plaintiff and Defendant,
the name(s), address(es), and telephone number(s) for any Putative Class Members for whom a
response postcard objecting to such disclosure has not been received, including those Putative Class
Members with non-deliverable addresses.

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5.

Plaintiff does not agree that the name(s), address(es), and telephone number(s) of

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Putative Class Members are confidential or private and enters into this Stipulation without prejudice

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to him seeking to obtain the names, addresses, and telephone numbers of all Putative Class Members
(including those who may object to the disclosure of such information) after the conclusion of the
Objection Period.

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STIPULATION AND [PROPOSED] ORDER REGARDING NOTICE OF CLASS ACTION LAWSUIT

2

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6.

The Parties acknowledge and agree that the terms of this Stipulation and Order shall

2 govern their rights and responsibilities regarding the subject matter herein.
3 Dated: June 2, 2016
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PAGANO & KASS, APC

5

/s/ Ian A. Kass
JAMES L. PAGANO, ESQ.,
IAN A. KASS, ESQ.,
Attorneys for Plaintiff, Ryan Guinn

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7
8 Dated: May 27, 2016
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Respectfully submitted,

LITTLER
MENDELSON, P.C.
/s/ John H. Adams, Jr.
ALAN S. LEVINS, ESQ.,
JOHN H. ADAMS, JR., ESQ.
Attorneys for Defendant,
Sugar Transport of the Northwest, Inc.

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STIPULATION AND [PROPOSED] ORDER REGARDING NOTICE OF CLASS ACTION LAWSUIT

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ORDER

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GOOD CAUSE APPEARING, it is hereby ORDERED, ADJUDGED, AND DECREED

3 that all Parties to this action shall comply with the provisions of the attached Stipulation.
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IT IS SO ORDERED.

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Dated: June 2, 2016

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STIPULATION AND [PROPOSED] ORDER REGARDING NOTICE OF CLASS ACTION LAWSUIT

EXHIBIT “A”

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
Ryan Guinn v. Sugar Transport of the Northwest, Inc., et al.,
Case Number 2:16-CV-00325-WBS-EFB
NOTICE OF REQUEST FOR DISCLOSURE OF YOUR CONTACT INFORMATION
PLEASE READ THIS ENTIRE NOTICE CAREFULLY.
YOUR RIGHTS MAY BE AFFECTED.
You are receiving this letter because you were employed by Sugar
Transport of the Northwest, Inc. (“Sugar Transport”) as a driver within the
State of California at some time between October 23, 2011 and June 30,
2015. A former Sugar Transport employee has filed a potential class
action lawsuit that is currently pending in United States District Court,
Eastern District of California, titled Ryan Guinn v. Sugar Transport of the
Northwest, Inc., Case Number 2:16-CV-00325-WBS-EFB (the
“Lawsuit”). In the Lawsuit, Plaintiff Ryan Guinn (“Plaintiff”) seeks to
represent all persons who were employed by Sugar Transport as a driver
within the State of California as specified above.
The Lawsuit seeks compensation for what Plaintiff alleges are unpaid
overtime wages, non-timely paid wages and unpaid premium wages for
missed meal and rest breaks. In addition to unpaid wages, the class
action seeks penalties, liquidated damages, interest and attorney’s
fees. Sugar Transport denies the claims being made in the Lawsuit and
denies that Plaintiff is entitled to the relief requested. The Court has not
yet ruled on the merits of the parties’ claims.
You may be a part of this class action if the Court decides that this Lawsuit
should proceed as a class action.
Plaintiff and his attorneys are investigating issues relating to the
Lawsuit. To assist in the investigation, Plaintiff’s attorneys wish to gather
information regarding potential class members. This notice is to inform
you that Plaintiff’s attorneys have asked Sugar Transport for your name,
address, telephone number, and personal e-mail address (contact
information). Sugar Transport values the privacy rights of its current and
former employees. Therefore, the parties are engaging in this privacy
notification process.
IF YOU DO NOT WANT YOUR NAME, ADDRESS, TELEPHONE
NUMBER, AND E-MAIL ADDRESS TO BE PROVIDED, YOU MUST
COMPLETE AND RETURN THE ENCLOSED POSTCARD TO THE
ADDRESS LISTED ON THE TOP OF THIS LETTER BY [insert date
twenty days from mailing]. The postcard must state your printed name,

Firmwide:139779242.1 057900.1002

signature, and date. IF YOU CONSENT TO HAVING YOUR
INFORMATION RELEASED, THEN YOU NEED TO DO NOTHING.
Completing and returning the enclosed postcard is not the same as opting
out of the case altogether. If a class is certified you will still receive notice
and will have an opportunity to decide whether to join the class, and you
will not be insulated from responding to a lawfully served subpoena to be
a witness at a deposition or trial. The Court has not yet made any
determination of whether the Lawsuit should be a class action.
You are under no obligation to provide information to or discuss this
matter with Plaintiff or his attorneys. You are also under no obligation to
provide information to or to discuss this matter with Sugar Transport or
any of its agents or attorneys. Should you choose to contact either party’s
counsel, the contact information for counsel for both Plaintiff and counsel
for Sugar Transport are listed below.
Attorneys for Plaintiff Ryan Guinn and the Putative Class Members
James L. Pagano, Esq.
Ian A. Kass, Esq.
PAGANO & KASS, APC
96 North Third Street, Suite 525
San Jose, California 95112
Telephone: [phone]
Attorneys for Defendant Sugar Transport of the Northwest, Inc.
Alan S. Levins, Esq.
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, CA 94108.2693
Telephone: [phone]
John H. Adams, Jr., Esq.
LITTLER MENDELSON
500 Capitol Mall, Suite 2000
Sacramento, California 95814
Telephone: [phone]

Firmwide:139779242.1 057900.1002

EXHIBIT “B”

[Proposed text for Return Card]
Ryan Guinn v. Sugar Transport of the Northwest, Inc., et al.,
U.S.D.C. E.D.Cal., Case Number 2:16-CV-00325-WBS-EFB
IF YOU DO NOT WANT YOUR NAME, ADDRESS, AND TELEPHONE NUMBER
DISCLOSED TO THE PLAINTIFF’S LAWYERS, THIS PRE-ADDRESSED POSTCARD
MUST BE SIGNED AND RETURNED ON OR BEFORE JUNE , 2016.
By signing below, I certify that I DO NOT want my name, address, and telephone number
disclosed to Plaintiff’s lawyers.
SIGNATURE
PRINT NAME
DATE