Daniels v. Aeropostale West, Inc et al

Filing 74

ORDER DECERTIFYING CONDITIONALLY-CERTIFIED FLSA COLLECTIVE ACTION. Signed by Judge Alsup on June 10, 2014. (whalc1, COURT STAFF) (Filed on 6/10/2014)

1
2
3
4

IN THE UNITED STATES DISTRICT COURT

5
FOR THE NORTHERN DISTRICT OF CALIFORNIA
6
7
8

10

Plaintiffs,

11
For the Northern District of California

United States District Court

9

No. C 12-05755 WHA

PORTIA DANIELS, on behalf of herself
and all others similarly situated,

12
13

v.
AÉROPOSTALE WEST, INC., a Delaware
corporation, AÉROPOSTALE, INC., a
Delaware corporation, and DOES 1 through
10, inclusive,

14

ORDER DECERTIFYING
CONDITIONALLY-CERTIFIED
FLSA COLLECTIVE ACTION

Defendants.
/

15
16

INTRODUCTION

17

The parties to this overtime action have stipulated to decertifying the conditionally-

18

certified Fair Labor Standards Act (“FLSA”) collective action. Defendants have also voluntarily

19

agreed to “issue payment to each collective action member . . . who did not receive full payment

20

for the overtime adjustment on any non-discretionary bonus earned during the collective action

21

period . . . without seeking a release.” They make this promise on their own accord. Based on

22

the parties’ stipulation, the collective action is DECERTIFIED.

23
24

STATEMENT
In November 2012, plaintiff Portia Daniels filed a putative collective-action complaint.

25

Daniels v. Aeropostale West, Inc., et al., No. 3:12-cv-05755-WHA (N.D. Cal. Nov. 9, 2012).

26

An April 2013 order granted conditional certification of the following FLSA collective action

27

(Dkt. No. 37):

28

1
2
3

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.

4

According to counsel, “[o]pt in notices were sent to all employees that fell within [the]

5

definition,” and 594 individuals opted-in (Dkt. Nos. 59).

6
7
8
9

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

11
For the Northern District of California

United States District Court

10

(excluding Ms. Daniels) who did not receive full payment for the overtime adjustment on any

12

non-discretionary bonus earned during the collective action period “without obtaining a release.”

13

Defendants promise to issue payment within thirty days of this order. Plaintiff’s counsel promise

14

to provide notice of the decertification to all opt ins at their own expense.

15
16

CONCLUSION
Based on the stipulation, the collective action is DECERTIFIED. All opt-ins are

17

DISMISSED WITHOUT PREJUDICE. The applicable statute of limitations is further tolled for thirty

18

days from the date of this order. Plaintiff’s counsel shall provide notice of the decertification to

19

all opt ins. Ms. Dunford’s individual claim is scheduled for trial on August 18.

20
21

In the event that counsel file a similar action in other court, they shall promptly notify the
undersigned judge.

22
23

IT IS SO ORDERED.

24
25

Dated: June 10, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

26
27
28
2