Jacqueline Benjamin, et al.-v-B & H Education, Inc., et al

Filing 69

Order by Hon. Vince Chhabria granting 68 Stipulation Regarding Discovery.(knm, COURT STAFF) (Filed on 3/26/2015)

1 Julie A. Vogelzang (SBN 174411)
Edward M. Cramp (SBN 212490)
2 Courtney L. Baird (SBN 234410)
Jess R. Booth (SBN 245430)
3 DUANE MORRIS LLP
750 B Street, Suite 2900
4 San Diego, CA 92101-4681
Telephone: [phone]
5 Facsimile: 619 744 2201
E-mail:
[e-mail]
[e-mail]
6
[e-mail]
[e-mail]
7
8 Attorneys for Defendant
B&H EDUCATION, INC.
9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12 JACQUELINE BENJAMIN, PATRICIA CAULEY,
BRYAN GONZALEZ and TAIWO KOYEJO,
13 Individually and on behalf of all others similarly
situated,
14
Plaintiffs,
15
v.
16
B&H EDUCATION, INC., a corporation, dba
17 “MARINELLO SCHOOLS OF BEAUTY”; and
DOES 1 through 100
18
Defendants.
19

Case No.: 13-CV-04993 VC
JOINT STIPULATION REGARDING
DISCOVERY AND PROPOSED
ORDER
Ctrm:
Judge:

4
Hon. Vince Chhabria

20
21
22
23
24
25
26
27
28
DM1\5242702.5

Stipulation and Proposed Order; 13-CV-04993 VC

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

Plaintiffs JACQUELINE BENJAMIN, PATRICIA CAULEY, BRYAN GONZALEZ and
TAIWO KOYEJO (“Plaintiffs”), by and through their counsel of record, and Defendant B&H
EDUCATION, INC., (“Defendant”), by and through its counsel of record, hereby agree and stipulate
as follows:
WHEREAS, Plaintiffs served certain discovery requests on Defendant which seek disclosure
of certain personally identifiable and/or personal information of non-party, putative class member
former students of Defendant. Defendant objected to disclosure of the information on, among other,
grounds that, in its view, disclosure of the information absent a judicial court order and reasonable
advance notice to the affected non-party students with an opportunity to object to the disclosure of
their information violates the Family Education Rights and Privacy Act, 20 U.S.C. § 1232g, et seq.
(“FERPA”).
WHEREAS, counsel for the parties have agreed that the affected non-party students at issue
consist of those students who were classmates of each of the named Plaintiffs (those who enrolled in
Plaintiffs’ programs at their campuses during the same month as each Plaintiff enrolled as well as
within one month before and one month after when each Plaintiff enrolled).
WHEREAS, counsel for the parties have agreed that for the purposes of this proposed Order,
the contact information includes the affected non-party students’ name, phone number, address,
email address, dates attended at Marinello Schools of Beauty, and campus attended to the extent this
information is already in Defendant’s possession.
WHEREAS, counsel for the parties met and conferred and agreed to issuance of the proposed
Order and agreed to an opt-out notice procedure to the affected non-party, putative class member
students consistent with what Defendant maintains is required of it under FERPA and to protect the
non-party students’ FERPA rights and privacy rights.
WHEREAS, counsel for the parties have agreed that the disclosure shall be made as follows:
(a) Defendant shall mail the attached Opt-out Notice to the affected non-party students by no later
than 10 days after the Court approves this proposed Order; (b) the affected non-party students shall
be provided 21 days to mail or email a prepaid postcard to Defendant as provided by the Opt-out

28
DM1\5242702.5

1
Stipulation and Proposed Order; 13-CV-04993 VC

1
2
3
4
5
6

Notice; (c) Defendant shall provide Plaintiffs with the contact information for all affected non-party
students who did not mail or email the prepaid postcard to Defendant within the timeframe provided
by the Opt-out Notice by no later than 15 days after the close of the opt-out period.
WHEREAS, counsel for the parties have agreed that any contact information produced by
Defendant will be marked confidential subject to the protective order in place in this action.
IT IS SO STIPULATED.

7
8 Dated: March 20, 2015
9

By: s/ Jess R. Booth
Julie A. Vogelzang
Edward M. Cramp
Courtney L. Baird
Jess R. Booth
Attorneys for Defendant
B&H EDUCATION, INC.

10
11
12
13
14
15

DUANE MORRIS LLP

Dated: March 20, 2015

RUDY, EXELROD, ZIEFF & LOWE, LLP
By: s/ Chaya M. Mandelbaum
David A. Lowe
Chaya M. Mandelbaum
Michelle G. Lee
Attorneys for Plaintiffs
JACQUELINE BENJAMIN, PATRICIA CAULEY,
BRYAN GONZALEZ and TAIWO KOYEJO

16
17
18
19
20
21
22
23
24
25
26
27
28
DM1\5242702.5

2
Stipulation and Proposed Order; 13-CV-04993 VC

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

[PROPOSED] ORDER
Upon consideration of the Joint Stipulation Regarding Discovery between Plaintiffs and
Defendant and good cause shown IT IS HEREBY ORDERED as follows:
Consistent with Defendant’s obligations under the Family Education Rights and Privacy Act,
20 U.S.C. § 1232g, et seq. (“FERPA”) and to protect Defendant’s non-party former students’
FERPA and privacy rights, prior to disclosure of certain personally identifiable and/or personal
information of non-party, putative class member students including their name, phone number,
address, email addresses, dates attended at Marinello Schools of Beauty, and campus attended,
which has been requested by Plaintiffs from Defendant in this action, the affected non-party students
shall be provided with reasonable advance notice and an opportunity to object to the disclosure of
the information as set forth below:
(a) Defendant shall mail the attached Opt-out Notice to the affected non-party students by no
later than 10 days after the date this Order is entered. For purposes of this Order, “affected students”
refers to the non-party students who were classmates of each of the named Plaintiffs (those who
enrolled in Plaintiffs’ programs at their campuses during the same month as each Plaintiff enrolled
as well as within one month before and one month after when each Plaintiff enrolled).
(b) The affected non-party students shall be provided 21 days to mail or email a prepaid
postcard to Defendant as provided by the Opt-out Notice;
(c) Defendant shall provide Plaintiffs with the contact information for all affected non-party
students who did not mail or email the prepaid postcard to Defendant within the timeframe provided
by the Opt-out Notice by no later than 15 days after the close of the opt-out period; and
(d) Any contact information produced by Defendant will be marked confidential subject to
the protective order in place in this action.
IT IS SO ORDERED.

26 Dated: March 24, 2015

______________________________________
HON. VINCE CHHABRIA

27
28
DM1\5242702.5

3
Stipulation and Proposed Order; 13-CV-04993 VC

OPT-OUT NOTICE
Several former students of Marinello Schools of Beauty’s (the “School”) cosmetology
program (“Plaintiffs”) have brought an action against the School on behalf of themselves and
other current and former students. Plaintiffs allege they are entitled to unpaid wages and other
related relief. The School denies the claims and allegations and is defending against the action.
The action is currently pending in United States District Court for the Northern District of
California and student records indicate that you are a classmate of Plaintiffs.
As a former student of the School, the School respects and maintains your privacy rights
and interest in your student records and other personally identifiable information. You have a
right to privacy in your student records and personally identifiable information under the Family
Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g. Pursuant to the Family
Educational Rights and Privacy Act of 1974, the School is generally prohibited from releasing
your school records or any personally identifiable information about you to any third party
without your written consent. You are being provided this notice to give you as an affected
student, an opportunity to object to the disclosure of your confidential information.
Plaintiffs’ counsel have sought a judicial order in connection with the action to obtain
your personal information including your (i) name, (ii) phone number, (iii) address, (iv) email
address, (v) dates attended the School, and (vi) campus attended. Plaintiffs’ counsel may use this
information to contact you regarding your experience while enrolled at the School. You are
under no obligation to talk with Plaintiffs’ counsel.
IF YOU DO NOT WANT YOUR CONTACT INFORMATION DISCLOSED YOU
MUST COMPLETE AND MAIL OR EMAIL THE ENCLOSED PRE-PAID POSTCARD
TO THE ADDRESS LISTED ON THE POSTCARD BY NO LATER THAN
____________________.

DM1\5242699.9

ENCLOSURE POSTCARD
YOU MUST MAIL OR E-MAIL THIS POSTCARD BY _______________ IF YOU DO
NOT WANT YOUR INFORMATION DISCLOSED
Duane Morris, LLP
Attn: Marinello Schools of Beauty, c/o Julie Vogelzang
750 B Street, Suite 2900
San Diego, CA 92101
[e-mail]
Pursuant to the Family Educational Rights and Privacy Act of 1974, I hereby object to
disclosure to Plaintiffs’ counsel of my contact information maintained by Marinello Schools of
Beauty including my name, phone number, address, email address, dates attended, and campus
attended.

Signed ________________________________

Dated: _______________________

Print Name:

2
DM1\5242699.9