Brunker v. Bay Area Rapid Transit District

Filing 32

ORDER by Judge Haywood S. Gilliam, Jr. Granting 29 Stipulation for Conditional Certification of FLSA Collective Action and Notification to Affected Individuals. (ndrS, COURT STAFF) (Filed on 9/29/2016)

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1 2 3 4 5 6 7 8 9 10 11 IN THE UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 JODI BRUNKER, et al., on behalf of herself and all similarly situated individuals, 15 Plaintiffs, 16 v. 17 SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, 18 Defendant. 19 ) ) ) ) ) ) ) ) ) ) ) Case No. 3:16-cv-03399-HSG ORDER FOR CONDITIONAL CERTIFICATION OF FLSA COLLECTIVE ACTION AND NOTIFICATION TO AFFECTED INDIVIDUALS 20 21 Having considered the parties’ Stipulation for Conditional Certification of FLSA 22 Collective Action and Notification to Affected Individuals and the proposed Notice attached 23 thereto, and finding that good cause exists to issue and order pursuant to said stipulation, 24 IT IS HEREBY ORDERED THAT: 25 1. This action satisfies the requirements for conditional certification as a "Collective 26 Action" under the Federal Labor Standards Act (FLSA). The questions of law and fact common 27 to the members of the class predominate over questions relevant only to individual members of 28 77726.1 [PROPOSED] ORDER FOR CONDITIONAL CERTIFICATION AND NOTIFICATION BRUNKER, et al. v. SF BART DISTRICT 1 Case No 3:16-cv-03399-HSG 1 the collective class and class adjudication is superior to any other method of adjudication for the 2 fair and efficient adjudication of this matter. 3 2. For purposes of conditional certification, the FLSA Collective Action Class shall 4 consist of all current and former FLSA non-exempt employees of the Defendant who worked 5 overtime and received cash payments in lieu of health benefits at any time since June 17, 2013. 6 7 3. Plaintiffs’ counsel, Mastagni Holstedt, APC, shall serve as counsel for the collective class. 8 9 This action is conditionally certified as a collective action under 29 USC § 216(b). 4. Notification of this action in the manner set forth in subsections (a) through (c) below is appropriate: 10 a. Notification shall be made by sending a “Notice of Action” in the form of 11 the notice attached as Attachment B to the parties stipulation to all who worked overtime and 12 received cash payments in lieu of health benefits at any time since June 17, 2013; 13 b. Defendant may administer the notification process, and will send notices 14 by District email or if the employee does not have District email by mail with proof of service to 15 the employee's last known address to all putative class members within sixty (60) days from the 16 date of this order. Defendant shall copy Plaintiffs’ counsel on any notice emails and provide 17 Plaintiffs’ counsel with copies the proof of service. 18 c. Defendant shall provide Plaintiffs’ counsel a list of all putative class 19 members’ names, District email addresses, and phone number and if no longer employed by the 20 District the employee's last known address within sixty (60) days. 21 5. Any deadlines currently set in this case are hereby vacated, and all proceedings 22 are stayed except the filing of consents to join and the issuance of this order granting conditional 23 certification and authorizing notice pursuant to Hoffmann-La Roche v. Sperling, 493 U.S. 165 24 (1989). 25 /// 26 /// 27 /// 28 77726.1 [PROPOSED] ORDER FOR CONDITIONAL CERTIFICATION AND NOTIFICATION BRUNKER, et al. v. SF BART DISTRICT 2 Case No 3:16-cv-03399-HSG 1 2 6. The parties shall use informal discovery and early settlement negotiations in an attempt to resolve this dispute promptly. 3 7. The parties are ordered to submit a joint status report to this Court detailing their 4 efforts taken to resolve this dispute and the current status of the case within ninety (90) days 5 from the date of this order. 6 7 8 IT IS SO ORDERED: DATED: September 29, 2016 9 _________________________________ HONORABLE HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 77726.1 [PROPOSED] ORDER FOR CONDITIONAL CERTIFICATION AND NOTIFICATION BRUNKER, et al. v. SF BART DISTRICT 3 Case No 3:16-cv-03399-HSG

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