Zaborowski et al v. MHN Government Services, Inc. et al
Filing
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ORDER by Judge Susan Illston granting 100 Stipulation RE ADDITION OF HIETT CLASSMEMBERS TO NOTICE (tfS, COURT STAFF) (Filed on 7/3/2013)
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Allen R. Vaught (admitted pro hac vice)
BARON AND BUDD, P.C.
3102 Oak Lawn Avenue
Suite 1100
Dallas, TX 75219
Telephone: (214) 521-3605
Facsimile: (214) 520-1181
E-Mail: avaught@baronbudd.com
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Kelly M. Dermody (Cal. Bar No. 171716)
Jahan C. Sagafi (Cal. Bar No. 224887)
LIEFF, CABRASER, HEIMANN &
BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
E-Mail: kdermody@lchb.com
E-Mail: jsagafi@lchb.com
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Attorneys for Plaintiffs and Class Members
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Timothy J. Long (SBN 137591)
Lauri A. Damrell (SBN 241010)
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, California 95814-4497
Telephone: (916) 447-9200
Facsimile: (916) 329-4900
E-Mail: tjlong@orrick.com
E-Mail: ldamrell@orrick.com
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Attorneys for Defendants
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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THOMAS ZABOROWSKI, VANESSA
BALDINI, KIM DALE, and NANCY
PADDOCK, on behalf of themselves and
all others similarly situated,
Plaintiffs,
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Case No. 12-CV-05109-SI
STIPULATION AND [PROPOSED]
ORDER RE ADDITION OF HIETT CLASS
MEMBERS TO NOTICE
____
v.
MHN GOVERNMENT SERVICES, INC.
and MANAGED HEALTH NETWORK,
INC.
Defendants.
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STIPULATION AND [PROPOSED] ORDER RE
ADDITION OF HIETT CLASS MEMBERS TO NOTICE
CASE NO. 12-CV-05109-SI
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The parties hereby stipulate as follows:
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WHEREAS, on June 14, 2013, the Court issued its Order re: FLSA Collective Action
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Notice Documents, directing MHN Government Services, Inc. and Managed Health Network,
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Inc. (collectively, “MHN”) to produce contact information for all FLSA collective action class
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members (the “Class List”) by June 21, 2013, and directing Plaintiffs to disseminate the Court-
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approved notice (the “FLSA Notice”) to all FLSA Class Members by July 12, 2013 (Docket No.
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99);
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WHEREAS, on June 10, 2013, the United States District Court for the Western District of
Washington issued an Order transferring Hiett v. MHN Government Services, Inc., Health Net
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Inc. and MHN Services d/b/a MHN Services Corporation, a Washington corporation,1 No. 12-cv-
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05428-BHS (W.D. Wash.) (an FLSA action filed on May 15, 2012, on behalf of a proposed
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nationwide class of MFLCs that overlaps with the Class in this action) to this District;
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WHEREAS, the clerk of the Hiett court has informed Hiett’s counsel that the court
expects to effectuate the transfer the week of June 24, 2013;
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WHEREAS, the parties agree that Hiett should be deemed related to this action per N.D.
Cal. Local Rule 3-12(a);
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WHEREAS, on July 12, 2012 the defendants in Hiett filed a motion to compel arbitration
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based on the same arbitration agreement at issue in this lawsuit, to which Hiett has responded and
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the Hiett defendants have replied, but the Hiett court stayed resolution of that motion;
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WHEREAS, on April 3, 2013, this Court denied MHN’s motion to compel arbitration
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(Docket No. 68), and that decision is now on appeal in the Ninth Circuit, with MHN’s opening
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appellate brief due on July 17, 2013;
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WHEREAS, the parties agree the Hiett case should be stayed pending appellate resolution
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of the arbitration motion in this case;
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Tim Long and Lauri Damrell of Orrick, Herrington & Sutcliffe LLP represent the defendants in Hiett and the
defendants in this action.
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STIPULATION AND [PROPOSED] ORDER RE
ADDITION OF HIETT CLASS MEMBERS TO NOTICE
CASE NO. 12-CV-05109-SI
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WHEREAS, because Hiett was filed approximately five months before this case, the
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maximum liability period under the FLSA under Hiett reaches back approximately five months
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further than that under this case;
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WHEREAS, the parties agree to conditional certification of the Hiett putative FLSA
collective action upon transfer to this Court;
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WHEREAS, the parties agree that the FLSA notice materials (including the notice itself
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and the Consent to Join form and additional information sheet) should be disseminated not only to
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the FLSA Class Members in this case but also to the additional individuals who worked as
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MFLCs in any location covered by the FLSA under 29 U.S.C. § 213(f) during May 15, 2009 to
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October 2, 2009 (i.e., the gap period from three years before the filing of Hiett to three years
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before the filing of this case) (the “Gap Class Members”); and
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WHEREAS, the parties agree that the references to Plaintiffs and their counsel in this case
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in the notice materials should be amended to include references to the Hiett plaintiffs and their
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counsel.
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The parties respectfully request the Court enter an order confirming the following:
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(1)
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This action and Hiett shall be deemed related once Hiett is pending in this District,
and Hiett should be transferred to this Court.
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(2)
The Court shall conditionally certify the Hiett FLSA collective action.
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(3)
Following the conditional certification, the Hiett case is hereby stayed until
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MHN’s arbitration motion in this case is resolved, including all appeals. The Hiett stay is on the
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same terms as the stay issued by this Court in this case in its Order Granting Plaintiffs’ Motion to
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Stay Case Pending Appeal (Docket No. 84).
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(4)
MHN shall produce to Plaintiffs the same contact information for the Gap Class
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Members as they are producing for the Class Members in this case, in the same format, within
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three days of the entry of this order.
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STIPULATION AND [PROPOSED] ORDER RE
ADDITION OF HIETT CLASS MEMBERS TO NOTICE
CASE NO. 12-CV-05109-SI
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(5)
Plaintiffs are directed to amend the references to Plaintiffs and their counsel in the
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notice materials to include references to the Hiett case and Hiett’s counsel, and all references to
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“October 2, 2009” be changed to “May 15, 2009” to reflect the addition of the gap period to the
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notice.
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IT IS SO STIPULATED.
Dated: June 28, 2013
By:
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/s/ Allen R. Vaught
Allen R. Vaught
Allen Vaught (admitted pro hac vice)
BARON & BUDD, P.C.
3102 Oak Lawn Avenue, Suite 1100
Dallas, TX 75219
Telephone: (214) 521-3605
Facsimile: (214) 520-1181
E-Mail: avaught@baronbudd.com
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Kelly M. Dermody (Cal. Bar No. 171716)
Jahan C. Sagafi (Cal. Bar No. 224887)
LIEFF, CABRASER, HEIMANN &
BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
E-Mail: kdermody@lchb.com
E-Mail: jsagafi@lchb.com
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Attorneys for Plaintiffs and proposed Class members
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Dated: June 28, 2013
By:
/s/ Timothy J. Long
Timothy J. Long
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Timothy J. Long (SBN 137591)
Lauri A. Damrell (SBN 241010)
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, California 95814-4497
Telephone: (916) 447-9200
Facsimile: (916) 329-4900
E-Mail: tjlong@orrick.com
E-Mail: ldamrell@orrick.com
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Attorneys for Defendants
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STIPULATION AND [PROPOSED] ORDER RE
ADDITION OF HIETT CLASS MEMBERS TO NOTICE
CASE NO. 12-CV-05109-SI
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: June___, 2013
The Honorable Susan Illston
United States District Judge
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STIPULATION AND [PROPOSED] ORDER RE
ADDITION OF HIETT CLASS MEMBERS TO NOTICE
CASE NO. 12-CV-05109-SI
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