Vigil Rogelio et al v. Con-Way Freight, Inc.

Filing 70

ORDER MODIFYING CLASS DEFINITION; ADOPTING PLAINTIFFS' PROPOSED LANGUAGE FOR CLASS NOTICE. Proposed Notice due by 7/16/2012. Signed by Chief Judge James Ware on July 3, 2012. (wsn, COURT STAFF) (Filed on 7/3/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 10-00100 JW

Jose Alberto Fonseca Pina, et al.,

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ORDER MODIFYING CLASS
DEFINITION; ADOPTING PLAINTIFFS’
PROPOSED LANGUAGE FOR CLASS
NOTICE

Plaintiffs,
v.

For the Northern District of California

United States District Court

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Con-Way Inc.,
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Defendant.
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/
Presently before the Court is the parties’ Proposed Form of Notice of Class Certification.1

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Although the parties have submitted a Joint Proposed Notice Form, they disagree over certain

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language in the Form and over whether notice should be disseminated before the Ninth Circuit rules

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on Defendant’s petition for permission to appeal the Court’s Class Certification Order.2 In addition,

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the parties request that the Court modify the class period such that its end date is set before notice is

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distributed. (Id. at 4.) Finally, Defendant asks that the Court stays dissemination of class notice

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until the Ninth Circuit issues a decision on Defendant’s interlocutory appeal.

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Upon review, the Court ORDERS as follows:

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(See Proposed Notice of Class Certification, hereafter, “Proposed Notice,” Docket Item
No. 68-1; see also Submission of Proposed Form of Notice of Class Certification, hereafter, “Joint
Submission,” Docket Item No. 68.)
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(Joint Submission at 2-3.) Defendant has filed a petition with the Ninth Circuit pursuant to
Fed. R. Civ. P. 23(f) seeking to appeal the Court’s April 12, 2012 Order granting Plaintiffs’ Motion
for Class Certification. (See Docket Item No. 69.)

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(1)

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The Court DENIES Defendant’s request to stay dissemination of class notice until the
Ninth Circuit issues a decision on Defendant’s Petition.

(2)

The Court finds good cause to modify the class definition as certified to include a

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class period with a firm end-date. Accordingly, the Court MODIFIES the class as

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previously certified as follows:

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All persons who worked for Defendant in Pickup and Delivery Assignments
in California during the class period (four years prior to the date of the filing
of the Complaint in this action through April 12, 2012).

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(3)

The Court finds that the language proposed by Plaintiffs provides a clearer

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explanation of class members’ rights. Accordingly, the Court ADOPTS Plaintiffs’
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On or before July 16, 2012, the parties shall file a modified Proposed Notice consistent with
For the Northern District of California

United States District Court

proposed language in all disputed portions of the notice.
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the terms of this Order for the Court’s approval prior to dissemination.
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Dated: July 3, 2012
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JAMES WARE
United States District Chief Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Barrett Kenneth Green [e-mail]
Erica H. Kelley [e-mail]
Jonathan Che Gettleman [e-mail]
Kenneth Richard O’Brien [e-mail]
Lawrence R Cagney [e-mail]
Michael L. Carver [e-mail]
Michelle MacEachern Lunde [e-mail]

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Dated: July 3, 2012

Richard W. Wieking, Clerk

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By:
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For the Northern District of California

United States District Court

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/s/ JW Chambers
William Noble
Courtroom Deputy