Bates v. Leprino Foods Company et al

Filing 68

ORDER on 67 Amended Joint Class Notice and Distribution Plan, signed by District Judge Jennifer L. Thurston on 5/19/2023. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRED WALTER, on behalf of himself and on
behalf of all other similarly situated individuals,
Plaintiff,

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v.

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LEPRINO FOODS COMPANY, a Colorado
Corporation; LEPRINO FOODS DAIRY
PRODUCTS COMPANY, a Colorado
Corporation; and DOES 1-50, inclusive,
Defendants.

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Case No. 2:20-cv-00700-JLT-BAM
CLASS ACTION
[PROPOSED] ORDER ON AMENDED
JOINT CLASS NOTICE AND
DISTRIBUTION PLAN

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________________________________________________________________________
[PROPOSED] ORDER ON AMENDED JOINT CLASS NOTICE AND DISTRIBUTION PLAN
19609218.1

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[PROPOSED] ORDER

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The Court has considered and reviewed the Parties’ Amended Joint Class Notice and Distribution

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Plan and accompanying Class Notice and Exclusion Form. Having considered the papers and good cause

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appearing, the Court hereby rules and finds as follows:

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1.

Within seven (7) business days of the Court’s approval of the Class Notice or of the date the

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Court sets a trial date in this matter, whichever is later:

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a. Plaintiffs shall email to Phoenix the Class Notice in Microsoft Word format; and

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b. Defendants shall send electronically to Phoenix Class Action Administrator Solutions

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(“Phoenix”) a Microsoft Excel spreadsheet containing the first and last name, mailing

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address, and telephone number of all individuals who worked as a non-exempt, hourly

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employee of Leprino at its Tracy, California facility at any time between February 28,

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2016 and August 29, 2022 (“Class List”).

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2.

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a. Phoenix shall run the Class List through the National Change of Address database through

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the United States Postal Service for any address updates.
3.

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Within five (5) calendar days thereafter:

Within five (5) calendar days thereafter:
a. Phoenix shall mail the Class Notice to all individuals listed on the Class List.

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Phoenix shall promptly re-mail any Class Notices that are returned as undeliverable to any

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forwarding addresses provided and perform a skip trace search on Class Notices that are

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returned without a forwarding address and re-mail to the skip traced address.

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5.

Phoenix shall provide updates to the Parties on a weekly basis.

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6.

If issues as to the timeliness and validity of any opt outs cannot be resolved by Phoenix, the

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Parties shall meet and confer in good faith to resolve them on their own. The Parties shall

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submit any unresolved disputes to Judge McAuliffe for resolution.

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7.

No later than five (5) calendar days after the 45-day opt out period, or after all disputes
regarding the timeliness and validity of any and all opt-outs have been resolved, whichever is

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_________________________________________________________________________
[PROPOSED] ORDER ON AMENDED JOINT CLASS NOTICE AND DISTRIBUTION PLAN
19609218.1

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later, Phoenix shall simultaneously disclose to all Parties a Microsoft Excel spreadsheet

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containing the first and last names, addresses, and telephone numbers of all class members

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who have not timely and validly opted out.

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8.

No later than five (5) calendar days after the 45-day opt out period, or after all disputes

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regarding the timeliness and validity of any and all opt-outs have been resolved, whichever is

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later, Phoenix shall disclose to Defendants a Microsoft Excel spreadsheet containing the first

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and last names, addresses, and telephone numbers of all class members who have timely and

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validly opted out.

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IT IS SO ORDERED.

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Dated:

May 19, 2023

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_________________________________________________________________________
[PROPOSED] ORDER ON AMENDED JOINT CLASS NOTICE AND DISTRIBUTION PLAN
19609218.1