Fein v. City of Benicia

Filing 29

ORDER signed by District Judge Morrison C. England, Jr. on 10/2/2017 ORDERING The proposed Notice to putative collective action class members, hereto as Exhibit A, is fair, accurate and reasonable. Within 14 days from the date of this Order, Defendan t shall distribute the Notice attached to Exhibit A to all current or former employees of the City of Benicia who have worked overtime and received cash payments in lieu of health care benefits within the same pay period at any time since 6/27/2013, and provide proof of distribution of the Notice to Plaintiffs counsel upon request. (Reader, L)

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6 DAVID E. MASTAGNI, ESQ. (SBN 204244) ISAAC S. STEVENS, ESQ. (SBN 251245) ACE T. TATE, ESQ. (SBN 262015) IAN B. SANGSTER, ESQ. (287963) MASTAGNI HOLSTEDT A Professional Corporation 1912 “I” Street Sacramento, California 95811 Telephone: (916) 446-4692 Facsimile: (916) 447-4614 7 Attorneys for Plaintiffs 1 2 3 4 5 8 9 10 11 12 13 Clint Robison, ESQ. (SBN 158834) Vickie V. Grasu, ESQ. (SBN 224278) LECLAIR RYAN 725 S. Figueroa Street, Suite 350 Los Angeles, California 90017 Telephone: (213) 337-3223 Facsimile: (213) 624-3755 Attorneys for Defendant 14 IN THE UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 JASON FEIN, et al., on behalf of himself and all similarly situated individuals, 18 Plaintiffs, 19 v. 20 CITY OF BENICIA, 21 Defendant. 22 23 24 25 26 ) Case No. 2:16-cv-01461-MCE-CKD ) ) STIPULATION AND ORDER ) APPROVING NOTICE TO PUTATIVE ) COLLECTIVE ACTION MEMBERS ) ) ) ) ) ) On September 1, 2017 the Court issued an Order granting Plaintiff’s Renewed Motion for Conditional Certification and Facilitated Notice. (Dkt. No. 27, p. 6.) The parties were ordered to submit a joint proposal for notice to the class, or separate statements as to why no such joint proposal 27 could be reached, within thirty (30) days of the Order. Thereafter, the parties met and conferred, and 28 now stipulate as follows: FEIN, et al. v. CITY OF BENICIA 1 Case No 2:16-cv-01461-MCE-CKD 1 1. 2 3 4 5 6 7 8 The proposed Notice to putative collective action class members, attached hereto as Exhibit A, is fair, accurate and reasonable. 2. Within fourteen (14) days from the date the Court approves this Stipulation, Defendant shall distribute the Notice attached hereto as Exhibit A to all current or former employees of the City of Benicia who have worked overtime and received cash payments in lieu of health care benefits within the same pay period at any time since June 27, 2013, and provide proof of distribution of the Notice to Plaintiff’s counsel upon request. 9 10 11 Dated: September 29, 2017 By: Ian B. Sangster DAVID E. MASTAGNI, ESQ. ISAAC S. STEVENS, ESQ. ACE T. TATE, ESQ. IAN B. SANGSTER, ESQ. Attorneys for Plaintiffs 12 13 14 15 16 MASTAGNI HOLSTEDT, APC Dated: September 29, 2017 LECLAIR RYAN, LLP 17 18 19 By: Vickie V. Grasu CLINT ROBISON, ESQ. VICKIE V. GRASU, ESQ. Attorneys for Defendant 20 21 22 23 24 25 26 27 28 FEIN, et al. v. CITY OF BENICIA 2 Case No 2:16-cv-01461-MCE-CKD 1 2 3 ORDER Based on the above stipulation, IT IS HEREBY ORDERED THAT: 1. 4 5 6 7 8 9 10 11 The proposed Notice to putative collective action class members, attached hereto as Exhibit A, is fair, accurate and reasonable. 2. Within fourteen (14) days from the date of this Order, Defendant shall distribute the Notice attached hereto as Exhibit A to all current or former employees of the City of Benicia who have worked overtime and received cash payments in lieu of health care benefits within the same pay period at any time since June 27, 2013, and provide proof of distribution of the Notice to Plaintiff’s counsel upon request. IT IS SO ORDERED. Dated: October 2, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FEIN, et al. v. CITY OF BENICIA 2 Case No 2:16-cv-01461-MCE-CKD

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