Warren v. Paychex, Inc.

Filing 24

STIPULATION AND ORDER PERMITTING DISCLOSURE OF CONTACT INFORMATION OF PUTATIVE CLASS MEMBERS. Signed by Judge Joseph C. Spero on 10/22/10. (klhS, COURT STAFF) (Filed on 10/22/2010)

Warren v. Paychex, Inc.

Doc. 24

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STEVEN G. ZIEFF (SBN 84222) DAVID A. LOWE (SBN 178811) JOHN T. MULLAN (SBN 221149) RUDY EXELROD ZIEFF & LOWE LLP 351 California Street, Suite 700 San Francisco, CA 94104 [phone] (phone)/[phone] (fax) [e-mail] [e-mail] [e-mail] ROBERT S. NELSON (SBN 220984) NELSON LAW GROUP 900 Cherry Avenue, Suite 300 San Bruno, CA 94066 [phone] (phone)/[phone] (fax) [e-mail] Attorneys for Plaintiff DANIELLE WARREN and all others similarly situated

JACK S. SHOLKOFF, CA Bar No. 145097 [e-mail] BETH A. GUNN, CA Bar No. 218889 13 [e-mail], OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 14 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 15 Telephone: [phone] Facsimile: 213.239.9045 16 Attorneys for Defendant 17 PAYCHEX, INC. 18 19 20 21 DANIELLE WARREN, and all others similarly situated, 22 Plaintiff, 23 v. 24 PAYCHEX, INC. 25 Defendant. 26 27 28
Case No. C 10-02006 JCS STIPULATION AND [PROP] ORDER REGARDING DISCLOSURE OF CONTACT INFO

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No. C 10-02006 JCS STIPULATION AND [PROPOSED] ORDER PERMITTING DISCLOSURE OF CONTACT INFORMATION OF PUTATIVE CLASS MEMBERS

Stipulation and proposed order,

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Dockets.Justia.com

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Stipulation and proposed order,

Plaintiff Danielle Warren ("Plaintiff") and Defendant Paychex, Inc. ("Defendant") (collectively, the "Parties"), by and through their respective counsel of record, stipulate and agree as follows: WHEREAS, the Parties have agreed to mediate this putative class action case on January 12, 2011; and WHEREAS, for the mediation to be productive, Plaintiff seeks to contact and interview putative class members, and therefore seeks putative class member contact information from Defendant; and WHEREAS, Counsel for the Parties conferred about disclosure of putative class member contact information. Per those discussions, Defendant agreed to produce contact information for certain putative class members, but, due to the potential privacy concerns of providing the personal information of its employees, Defendant will agree to produce such contact information only if the Court first authorizes the disclosure (and according to other agreed-upon terms, such as the putative class members whose information will be disclosed, the method of disclosure, etc.); and WHEREAS, Defendant proposed that the Parties stipulate to ask the Court to issue an order permitting Defendant to disclose putative class member contact information; and WHEREAS, Plaintiff does not believe Court authorization is necessary for disclosure of putative class member contact information. However, in order to facilitate discovery in advance of mediation, Plaintiff agreed to Defendant's proposal to request Court authorization for disclosure. The parties hereby stipulate and agree as follows. 1. Provided the Court issues an Order authorizing disclosure of the contact

information of the putative class by Defendant, no later than seven (7) business days after Defendant's Counsel receives notice of the Court's executed Order, Defendant will deliver to Plaintiff's Counsel a list of the names, last-known addresses, and last-known phone numbers
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of all putative Class Members, in an electronic spreadsheet such as Microsoft Excel. For purposes of this Stipulation and proposed Order, "putative Class Members" shall mean all persons who have been employed in California by Defendant Paychex, Inc. as Sales Representatives in the first six-months of their employment in that position in California at any time since May 10, 2006.

Dated: October _21_, 2010

RUDY EXELROD ZIEFF & LOWE LLP By: /s/ Steven G. Zieff STEVEN G. ZIEFF DAVID A. LOWE JOHN T. MULLAN

Dated: October _21_, 2010

NELSON LAW GROUP By: /s/ Robert S. Nelson ROBERT S. NELSON

Attorneys for Danielle Warren and all others similarly situated OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. By: /s/ Jack S. Sholkoff Jack S. Sholkoff Beth A. Gunn

18 Dated: October _21_, 2010 19 20 21 22 23 24 ///
Stipulation and proposed order,

Attorneys for Defendant PAYCHEX, INC.

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Stipulation and proposed order,

PURSUANT TO THE ABOVE-NOTED STIPULATION, THE COURT HEREBY ORDERS THAT: Defendant is authorized to disclose putative class member contact information to Plaintiff, subject to the stipulated protective order that is in place in this case, and also subject to the above stipulated terms agreed to by the Parties. IT IS SO ORDERED. 10/22 Dated: __________________, 2010 By:
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