Bakhtiar v. Information Resources, Inc.

Filing 41

STIPULATION AND ORDER re 40 STIPULATION WITH PROPOSED ORDER regarding Production of Class List filed by Iram Bakhtiar. Signed by Judge Jon S. Tigar on March 7, 2018. (wsn, COURT STAFF) (Filed on 3/7/2018)

BRYAN SCHWARTZ LAW
1 Bryan Schwartz (SBN 209903)
2 Logan Starr (SBN 305598)
1330 Broadway, Suite 1630
3 Oakland, California 94612
Tel. [phone]
4 Fax [phone]
Email: [e-mail]
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[e-mail]
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Attorneys for Individual and Representative
7 Plaintiff and the Putative Class
8 JACKSON LEWIS P.C.
Mitchell F. Boomer (SBN 121441)
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Robert I. Lockwood (SBN 259870)
10 Janelle J. Sahouria (SBN 253699)
50 California Street, Ninth Floor
11 Tel. [phone]
Fax [phone]
12 Email: [e-mail]
[e-mail]
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[e-mail]
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Attorneys for Defendant Information Resources, Inc.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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IRAM BAKHTIAR, individually, and on behalf of
20 all others similarly situated,
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Plaintiff,
vs.

Case No. 3:17-cv-04559-JST
JOINT STIPULATION REGARDING
PRODUCTION OF CLASS LIST;
[proposed] ORDER
Hon. Jon S. Tigar

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24 INFORMATION RESOURCES, INC., and
DOES 1 through 50, inclusive,
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Defendants.
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JOINT STIPULATION REGARDING PRODUCTION OF CLASS LIST

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RECITALS
WHEREAS, Plaintiff Iram Bakhtiar (“Plaintiff”) served written discovery requests,

3 including interrogatories, on Defendant Information Resources, Inc. (“Defendant”), on October
4 25, 2017. Pursuant to the agreement of the Parties, responses to these requests are due on
5 December 20, 2017;
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WHEREAS, Plaintiff has requested that Defendant identify each member of the putative

7 National Class and the putative California Class, including but not limited to providing the last
8 known mailing address, email address, and telephone number for each member of these putative
9 Classes (Plaintiff’s Interrogatories 2 and 4);
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WHEREAS, Defendant does not oppose production of these putative Class lists, but seeks

11 to protect the privacy of putative Class Members and ensure that such putative Class Members
12 will not be subject to intrusive or unwanted contact from Plaintiff’s Counsel;
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WHEREAS, the Parties have met and conferred and agree that Defendant will produce the

14 putative Class lists subject to certain conditions intended to protect putative Class Members from
15 intrusive or unwanted contact from Plaintiff’s Counsel;
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WHEREAS, Plaintiff agrees that Plaintiff’s Counsel will not contact any putative Class

17 Member via telephone based on information provided by Defendant until first sending such
18 putative Class Member a letter via first class mail or an email stating that the putative Class
19 Member has the right not to speak with Plaintiff’s Counsel and that if he or she elects not to talk to
20 Plaintiff’s Counsel and informs Plaintiff’s Counsel of the same in writing (via electronic mail,
21 facsimile, or letter), Plaintiff’s Counsel will terminate the contact and not contact such Class
22 Member again. Plaintiff further agrees that all putative Class Member contact information shall be
23 designated as Confidential pursuant to the Parties’ Stipulated Protective Order in this case, and
24 that such information shall only be used for purposes of litigating the instant case; and
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WHEREAS, Defendants expressly reserve all rights and arguments in opposition to

26 conditional certification under the Fair Labor Standards Act, 29 U.S.C. § 216(b), and in opposition
27 to class certification under Federal Rule of Civil Procedure 23.
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STIPULATION REGARDING PRODUCTION OF CLASS LIST

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STIPULATION
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between

4 Plaintiff and Defendant through their respective undersigned counsel that:
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1.

For purposes of this action, Defendant will identify the members of the putative

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National Class and the putative California Class to Plaintiff’s Counsel as requested

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by Plaintiff’s Interrogatories 2 and 4, subject to a designation as Confidential

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pursuant to the Parties’ Stipulated Protective Order;

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2.

Plaintiff’s Counsel will not contact any putative Class Member via telephone based

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on information provided by Defendant without first sending such putative Class

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Member a letter via first class mail or an email stating that the putative Class

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Member has the right not to speak with Plaintiff’s Counsel and that if he or she

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elects not to talk to Plaintiff’s Counsel and informs Plaintiff’s Counsel of the same

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in writing (via electronic mail, facsimile, or letter), Plaintiff’s Counsel will

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terminate the contact and not contact such Class Member again.

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3.

Except as otherwise stated in this Stipulation, by entering into this Stipulation,

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Defendant does not waive and expressly reserves all defenses and challenges in the

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action.

22 DATED: March 5, 2018

BRYAN SCHWARTZ LAW

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By: /s/ Logan Starr
Bryan J. Schwartz
Logan Starr

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Attorneys for Plaintiff

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STIPULATION REGARDING PRODUCTION OF CLASS LIST

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DATED: March 5, 2018

JACKSON LEWIS P.C.

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By: /s/ Robert I. Lockwood
Mitchell F. Boomer
Robert I. Lockwood
Janelle J. Sahouria

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Attorneys for Defendant

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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)
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Pursuant to Civil Local Rule 5-1(i)(3), I attest that the concurrence in the filing of the Joint

14 Stipulation submitted by Plaintiff Iram Bakhtiar has been obtained from the other signatory
15 therein, Robert Lockwood, attorney for Defendants in this matter.
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18 Dated: March 5, 2018

__/s/ Logan Starr____________
Logan Starr

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STIPULATION REGARDING PRODUCTION OF CLASS LIST

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[PROPOSED] ORDER

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Pursuant to the Parties’ Joint Stipulation, IT IS THEREFORE ORDERED that:

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1. Defendant shall produce the putative Class Member information as to the putative

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National and California classes, according to Plaintiff’s Interrogatories 2 and 4, subject

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to the limitations and protections of putative Class Member privacy identified in the

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Parties’ Joint Stipulation;

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2. Plaintiff’s Counsel shall not contact any putative Class Member via telephone based on

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information provided by Defendant without first sending such putative Class Member a

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letter via first class mail or an email stating that the putative Class Member has the

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right not to speak with Plaintiff’s Counsel and that if he or she elects not to talk to

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Plaintiff’s Counsel and informs Plaintiff’s Counsel of the same in writing (via

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electronic mail, facsimile, or letter), Plaintiff’s Counsel shall terminate the contact and

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not contact such Class Member again; and

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3. The information produced by Defendant in response to Plaintiff’s Interrogatories 2 and

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4 shall be designated as Confidential pursuant to the Stipulated Protective Order in this

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action and shall be used only for purposes of this action.

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Dated: March ___, 2018
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By:

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_________________________________
The Honorable Jon S. Tigar
Judge of the United States District Court

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STIPULATION REGARDING PRODUCTION OF CLASS LIST