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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MORGAN, LEWIS & BOCKIUS LLP
REBECCA EISEN, SBN 96129
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Telephone: [phone]; Facsimile:
415.442.1001
E-mail: [e-mail]

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MORGAN, LEWIS & BOCKIUS LLP
MICHAEL J. PUMA (admitted pro hac vice)
1701 Market Street
Philadelphia, PA 19103
Telephone: [phone]; Facsimile:
215.963.5001
Email: [e-mail]

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Counsel for Defendant, The Hershey
Company

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THE BRANDI LAW FIRM
THOMAS J. BRANDI, SBN 53208
BRIAN J. MALLOY, SBN 234882
354 Pine Street, Third Floor
San Francisco, CA 94104
Telephone: [phone]; Facsimile:
415.707.2024
E-mail: [e-mail]
HOBAN & FEOLA, LLC
DAVID C. FEOLA (admitted pro hac vice)
1626 Wazee Street, Suite 2A
Denver, Colorado 80202
Telephone: [phone]; Facsimile:
303.382.4685
E-mail: David @Feolalaw.com
Counsel for Plaintiffs

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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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,

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Case No. 3:11-CV-05117 NC

BZ

[PROPOSED] ORDER REGARDING
MAILING OF CORRECTED NOTICES

Plaintiffs,

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v.

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THE HERSHEY COMPANY,
Defendant.

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Subject to the parties’ Stipulation Regarding Mailing of Corrected Notices, IT IS

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HEREBY ORDERED AS FOLLOWS:

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1.

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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

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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)

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individuals.

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2.

Defendant SHALL pay the costs of mailing the second Notice.

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The opt-in period SHALL be extended by two weeks, through and including July 13,

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2012, for individuals being sent the second Notice.
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4.

The FLSA and California claims SHALL be tolled for two weeks for putative collective

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action members who are sent the second Notice and who timely opt into this action.

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5.

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language:

A corrective insert SHALL be included with the second Notice containing the following

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Dear [NAME]:

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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.

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Plaintiffs SHALL file the consent to join forms on ECF as they arrive.

June 5, 2012

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RT

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT L AW
SAN FRANCISCO

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Zimmerman, J.

UNIT
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DATED:

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[PROPOSED] ORDER REGARDING
MAILING OF CORRECTED NOTICES
(NO.: 3:11-CV-05117 BZ)