Campanelli et al v. The Hershey Company

Filing 463

ORDER by Magistrate Judge Bernard Zimmerman in case 3:08-cv-01862-BZ; granting (130) Stipulation in case 3:11-cv-05117-BZ (rmm2, COURT STAFF) (Filed on 6/5/2012)

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1 2 3 4 MORGAN, LEWIS & BOCKIUS LLP REBECCA EISEN, SBN 96129 One Market, Spear Street Tower San Francisco, CA 94105-1126 Telephone: 415.442.1000; Facsimile: 415.442.1001 E-mail: 7 MORGAN, LEWIS & BOCKIUS LLP MICHAEL J. PUMA (admitted pro hac vice) 1701 Market Street Philadelphia, PA 19103 Telephone: 215.963.5000; Facsimile: 215.963.5001 Email: 8 Counsel for Defendant, The Hershey Company 5 6 THE BRANDI LAW FIRM THOMAS J. BRANDI, SBN 53208 BRIAN J. MALLOY, SBN 234882 354 Pine Street, Third Floor San Francisco, CA 94104 Telephone: 415.989.1800; Facsimile: 415.707.2024 E-mail: HOBAN & FEOLA, LLC DAVID C. FEOLA (admitted pro hac vice) 1626 Wazee Street, Suite 2A Denver, Colorado 80202 Telephone: 303.674.7000; Facsimile: 303.382.4685 E-mail: David Counsel for Plaintiffs 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 10 11 12 13 14 15 16 17 18 19 RYAN ZULEWSKI, JOHN DAVIS, ALEX LANGAN, NICHOLAS ESPOSITO, BRANDON TURNER, SHARRELL FISHER, JAY COOK, MARKESSA CARTER, RACHEL ECKROTH, CHRISTINA TYSON, SHANE HUEY, DOMINICK IPPOLITO, ROBERT CHURNEY, HARRY KLOS, CONSTANCE COLE, BRITTANY DANGERFIELD, TRACY DEBUS, TERESA FLORES, CASSANDRA HALE, BRETT KITTERMAN, AMY KRAMER, CHRIS LANDERS, KIMBERLY LEKARCYK, TYLER MCKENZIE, ANDREW MEEK, DAVID RISSER, SUSAN SPOHN, MIKE THOMPSON, YOLANDA TURNER, JENNA VERRASTRO, and ERIN WADLEY, on their own behalf and on behalf of all others similarly situated, 20 Case No. 3:11-CV-05117 NC BZ [PROPOSED] ORDER REGARDING MAILING OF CORRECTED NOTICES Plaintiffs, 21 v. 22 THE HERSHEY COMPANY, Defendant. 23 Subject to the parties’ Stipulation Regarding Mailing of Corrected Notices, IT IS 24 25 HEREBY ORDERED AS FOLLOWS: 26 1. 27 were sent Notice at their address with the incorrect name, and to the two newly identified Plaintiffs SHALL re-mail Notice to those 420 putative collective action members who 28 M ORGAN , L EWIS & B OCKIUS LLP ATTORNEYS AT L AW SAN FRANCISCO [PROPOSED] ORDER REGARDING MAILING OF CORRECTED NOTICES (NO.: 3:11-CV-05117 BZ) 1 individuals. 2 2. Defendant SHALL pay the costs of mailing the second Notice. 3. The opt-in period SHALL be extended by two weeks, through and including July 13, 3 4 2012, for individuals being sent the second Notice. 5 6 4. The FLSA and California claims SHALL be tolled for two weeks for putative collective 7 action members who are sent the second Notice and who timely opt into this action. 8 5. 9 language: A corrective insert SHALL be included with the second Notice containing the following 10 Dear [NAME]: 11 Enclosed is a corrected version of the Notice previously sent to you regarding the Zulewski, et al. v. The Hershey Company matter. The initial Notice you received was sent to this address, but it contained an incorrect name due to a clerical error by Hershey’s counsel that was not attributable to any of the Plaintiffs or their counsel and that resulted in Notices being sent to a present or former RSR’s address that were addressed to the incorrect RSR. The substance of the enclosed Notice is the same as the initial Notice you received with three exceptions: (1) your name has been corrected in the enclosed Notice, (2) as a result of the re-mailing of the Notice to you, the June 30 deadline for you to respond to the Notice if you wish has been extended to July 13, and (3) if you opt-in to the case, the parties have agreed that the limitation period will be extended by two weeks due to these errors. 12 13 14 15 16 17 18 Plaintiffs SHALL file the consent to join forms on ECF as they arrive. June 5, 2012 23 24 RT 26 28 M ORGAN , L EWIS & B OCKIUS LLP ATTORNEYS AT L AW SAN FRANCISCO 1 an immerm ernard Z Judge B ER A H 27 D RDERE OO IT IS S NO 25 Zimmerman, J. UNIT ED 22 RT U O DATED: S 21 S DISTRICT TE C TA R NIA 20 FO 6. LI 19 N F D IS T IC T O R C [PROPOSED] ORDER REGARDING MAILING OF CORRECTED NOTICES (NO.: 3:11-CV-05117 BZ)

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