Daniels v. Aeropostale West, Inc et al
Filing
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ORDER DECERTIFYING CONDITIONALLY-CERTIFIED FLSA COLLECTIVE ACTION. Signed by Judge Alsup on June 10, 2014. (whalc1, COURT STAFF) (Filed on 6/10/2014)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiffs,
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For the Northern District of California
United States District Court
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No. C 12-05755 WHA
PORTIA DANIELS, on behalf of herself
and all others similarly situated,
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v.
AÉROPOSTALE WEST, INC., a Delaware
corporation, AÉROPOSTALE, INC., a
Delaware corporation, and DOES 1 through
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ORDER DECERTIFYING
CONDITIONALLY-CERTIFIED
FLSA COLLECTIVE ACTION
Defendants.
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INTRODUCTION
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The parties to this overtime action have stipulated to decertifying the conditionally-
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certified Fair Labor Standards Act (“FLSA”) collective action. Defendants have also voluntarily
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agreed to “issue payment to each collective action member . . . who did not receive full payment
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for the overtime adjustment on any non-discretionary bonus earned during the collective action
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period . . . without seeking a release.” They make this promise on their own accord. Based on
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the parties’ stipulation, the collective action is DECERTIFIED.
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STATEMENT
In November 2012, plaintiff Portia Daniels filed a putative collective-action complaint.
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Daniels v. Aeropostale West, Inc., et al., No. 3:12-cv-05755-WHA (N.D. Cal. Nov. 9, 2012).
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An April 2013 order granted conditional certification of the following FLSA collective action
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(Dkt. No. 37):
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all current and former employees of Aéropostale classified as
non-exempt who have worked overtime for Aéropostale in the
United States or Puerto Rico at any time within the last three
years — since November 9, 2009 — and received a
non-discretionary bonus.
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According to counsel, “[o]pt in notices were sent to all employees that fell within [the]
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definition,” and 594 individuals opted-in (Dkt. Nos. 59).
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A May 2014 order denied a motion for preliminary approval of a proposed FLSA
collective-action settlement (Dkt. No. 71).
In June 2014, the parties stipulated to decertifying the FLSA collective action.
The parties stated that “[t]his action will proceed as to plaintiff Portia Daniels’s [sic] claim only”
(Dkt. No. 73). Defendants further agreed to issue a payment to each collective-action member
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For the Northern District of California
United States District Court
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(excluding Ms. Daniels) who did not receive full payment for the overtime adjustment on any
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non-discretionary bonus earned during the collective action period “without obtaining a release.”
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Defendants promise to issue payment within thirty days of this order. Plaintiff’s counsel promise
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to provide notice of the decertification to all opt ins at their own expense.
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CONCLUSION
Based on the stipulation, the collective action is DECERTIFIED. All opt-ins are
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DISMISSED WITHOUT PREJUDICE. The applicable statute of limitations is further tolled for thirty
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days from the date of this order. Plaintiff’s counsel shall provide notice of the decertification to
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all opt ins. Ms. Dunford’s individual claim is scheduled for trial on August 18.
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In the event that counsel file a similar action in other court, they shall promptly notify the
undersigned judge.
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IT IS SO ORDERED.
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Dated: June 10, 2014.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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