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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?