Juan Saravia v. Dynamex, Inc. et al

Filing 255

NOTICE RE COURT'S VIEW OF DISPUTED TERM. Signed by Judge Alsup on 1/3/17. (whalc1, COURT STAFF) (Filed on 1/3/2017)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

11
For the Northern District of California

United States District Court

10

JUAN SARAVIA, individually and on behalf
of all others similarly situated,
Plaintiff,

12
13
14
15
16

v.
DYNAMEX, INC., DYNAMEX FLEET
SERVICES, LLC, DYNAMEX
OPERATIONS EAST, INC., and DYNAMEX
OPERATIONS WEST, INC.,

NOTICE RE COURT’S VIEW
OF DISPUTED TERM

Defendants.
/

17
18

No. C 14-05003 WHA

The Court is most disappointed that counsel for Dynamex misinformed the Court on a

19

provision of the settlement, namely, what would happen to drivers whose checks went

20

uncashed. The Court is willing to approve, if both sides agree, a codicil that “any driver who

21

receives a check will be subject to the release, whether or not the driver cashes the check, but in

22

any subsequent dispute over whether the driver actually received the check, the burden shall be

23

on Dynamex to prove that the driver received it. Dynamex shall further be entitled to a

24

presumption, rebuttable upon counter proof, that the driver received the check if Dynamex

25

shows it was sent to an address provided by the driver as correct.” Further, plaintiffs’ counsel

26

must contact each driver in the class to double-check on receipt of the check.

27

The parties shall respond in a joint statement by 2:00 P.M. TOMORROW, JANUARY 4.

28

Additionally, please make the following edits:
•

On page 1, delete the period before (the “Settlement”) at the
end of the second paragraph below the line.

1

•

On pages 2 and 6, add a comma between “excluding Court
holidays” and “at the following address:”

•

In the prior draft, the proposed notice referred to the
“Dynamex Settlement.” The current draft refers to the
“Dynamex Settlement” in some parts and the “Saravia
Settlement Administrator” in others. Please use consistent
terminology throughout. (“Dynamex Settlement”/
“Dynamex Settlement Administrator” is preferable.)

•

On page 8, there appear to be spaces between the @ and the
domain name in Attorney Konecky’s and Attorney Piller’s
email addresses. Please remove those spaces.

•

On page 8, in the second full paragraph, “Parties” is
capitalized. On page 9, in the first full paragraph “parties’”
is not. Please use consistent capitalization. (Lowercase is
preferred.)

2
3
4
5
6
7
8
9

11
IT IS SO ORDERED.
For the Northern District of California

United States District Court

10

12
13
Dated: January 3, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2