Soto et al v. O.C. Communications, Inc.

Filing 129

ORDER RE: CONDITIONAL CERTIFICATION AND PROPOSED NOTICE. Signed by Judge Chhabria on September 1, 2017. (vclc2S, COURT STAFF) (Filed on 9/1/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

DESIDERO SOTO, et al.,

Case No. 17-cv-00251-VC

Plaintiffs,
v.
O.C. COMMUNICATIONS, INC.,
Defendant.

ORDER RE: CONDITIONAL
CERTIFICATION AND PROPOSED
NOTICE
Re: Dkt. No. 128

1. All opt-in consent forms must be filed with the Court no later than 90 days after the
notice is sent out.
2. The proposed notice and opt-in consent form are approved, subject to the following
modifications:
a. Counsel must correct the case number on the first page of the proposed notice.
b. Counsel must revise the following paragraph as follows:
Proposed Language: "This form must be returned in sufficient time to have Plaintiffs’
counsel file it with the federal court on or before INSERT DATE. If you fail to return the
“Opt-In Consent Form” to Plaintiffs’ counsel in time for it to be filed with the federal
court on or before the above deadline, you may not be able to participate in these claims
under the FLSA."
Revised Language: "The Opt-In Consent Form should be sent to the above address by no
later than [75 DAYS AFTER NOTICE IS SENT]. If you fail to return the Opt-In Consent
Form to the above address by [75 DAYS AFTER NOTICE IS SENT], you may not be
able to participate in these FLSA claims."
c. Counsel should change the following language on page three: "Counsel for the Named
Plaintiffs are" to "The attorneys for the Plaintiffs are." Counsel must also add an
additional heading on page three of the notice, in between the contact information for the

Plaintiffs' and the Defendants' counsel. This heading should state: "IX. ATTORNEYS
FOR O.C. Communications, Inc."
3. Plaintiffs' counsel shall submit a copy of the revised notice and opt-in consent form,
and a description of their plan to distribute the notice and opt-in consent form, by Wednesday,
September 5, 2017.
IT IS SO ORDERED.
Dated: September 1, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

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