Wren et al v. RGIS Inventory Specialists

Filing 883

ORDER GRANTING PARTIES' JOINT MOTION FOR APPROVAL OF ALTERNATIVE FORMS OF NOTICE OF CLASS SETTLEMENT TO SELECT GROUPS OF INDIVIDUALS. Signed by Judge Joseph C. Spero on 12/07/10. (klhS, COURT STAFF) (Filed on 12/7/2010)

Wren et al v. RGIS Inventory Specialists

Doc. 883

Case3:06-cv-05778-JCS Document867-2

Filed12/06/10 Page2 of 21

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case Nos.: 3:06-cv-05778 JCS 3:07-cv-00032 JCS

TRISHA WREN and CYNTHIA PIPER, et al., individually and behalf of others 6 similarly situated,
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Plaintiffs, v. RGIS Inventory Specialists, LLC, RGIS, LLC, Does 1-25 Inclusive, Defendants.

[JOINTLY PROPOSED] ORDER GRANTING PARTIES' JOINT MOTION FOR APPROVAL OF ALTERNATIVE FORMS OF NOTICE OF CLASS SETTLEMENT TO SELECT GROUPS OF INDIVIDUALS Judge: Hon. Joseph C. Spero

On November 19, 2010, the parties filed a joint motion (Dkt. No. 855) requesting

16 that the Court approve alternative forms of notice of class settlement to select groups of 17 individuals for whom they believed that the notice of class settlement previously 18 approved by the Court (see Dkt. No. 851) was inappropriate. In particular, the parties 19 have proposed that an alternative form of notice be sent to 4,388 individuals who filed 20 written consents to participate as opt-in plaintiffs in plaintiffs Fair Labor Standard Act 21 (FLSA) claims pursuant to 29 U.S.C. § 216(b), but who, according to the available time 22 and payroll data from defendant's databases, did not work any hours in a position 23 covered by this action during the three years preceding the filing of their consent form-- 24 the maximum limitations period under the FLSA. See 29 U.S.C. § 255. Additionally, 25 the parties have proposed a second alternative form of notice for 2,510 individuals who, 26 following the Court's order certifying plaintiffs' state law claims for class-action 27 treatment pursuant to Fed. R. Civ. P. 23 (see Order re Pls.' Mot. for Class Certification, 28 Dkt. No. 694), were sent notice in 2009 informing them of the certification and giving

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[JOINTLY PROPOSED] ORDER GRANTING PARTIES JOINT MOTION FOR ALTERNATIVE NOTICES CASE NOS.: 3:06-CV-05778 JCS, 3:07-CV-00032 JCS

Dockets.Justia.com

Case3:06-cv-05778-JCS Document867-2

Filed12/06/10 Page3 of 21

1 them an opportunity to "opt out" of those class action claims, but who, according to the 2 available time and payroll data, do not meet any of definitions of those certified classes. 3

The Court held a telephonic hearing on this motion December 3, 2010. All parties

4 were represented by counsel. The Court having read and considered the parties' joint 5 motion for approval of alternative forms of notice of class settlement to select groups of 6 individuals, the pleadings in support thereof, and the arguments of counsel during the 7 hearing, and for good cause appearing, IT IS HEREBY ORDERED that: 8 9 10 11 12 13 14
UNIT ED

1.)

The alternative form of notice attached hereto as exhibit A is approved to be sent to the 4,388 individuals listed in exhibit 1 of the stipulation filed with the parties' joint motion (Dkt. No. 851-1); and

2.)

The alternative form of notice attached hereto as exhibit B is approved to be sent to the 2,510 individuals listed in exhibit 3 of the stipulation filed with the parties' joint motion (Dkt. No. 851-1).
S DISTRICT TE C TA

15 IT IS SO ORDERED. 16 17 Dated: 18 19 20 21 22 23 24 25 26 27 28 12/07/10

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RN F United StatesS Magistrate Judge DI TO

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[JOINTLY PROPOSED] ORDER GRANTING PARTIES JOINT MOTION FOR ALTERNATIVE NOTICES CASE NOS.: 3:06-CV-05778 JCS, 3:07-CV-00032 JCS

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Honorable Joseph C. Spero
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Judge Jo

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