Sullivan v. Kelly Services, Inc.

Filing 86

ORDER Granting 80 LOCAL RULE 7-12 STIPULATION REGARDING PROPOSED CLASS NOTICE. Signed by Judge Claudia Wilken on 12/23/2010. (Attachments: # 1 Exhibit 1)(ndr, COURT STAFF) (Filed on 12/23/2010)

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Sullivan v. Kelly Services, Inc. Doc. 86 Att. 1 Exhibit 1 Dockets.Justia.com NITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CATHERINE SULLIVAN, on behalf of herself and all others similarly situated, Plaintiff, v. KELLY SERVICES, INC.; and DOES 1 through 10, inclusive, Defendants. IF YOU WORKED AS A TEMPORARY EMPLOYEE FOR KELLY SERVICES, INC. BETWEEN AUGUST 14, 2004 AND THE PRESENT IN THE STATE OF CALIFORNIA, PLEASE READ THIS NOTICE IT MAY AFFECT YOUR RIGHTS Why did I get this Notice? You received this Notice because you have been identified as someone who may have worked as a temporary employee for Kelly Services, Inc. ("KSI") between August 14, 2004 and the present in the State of California and participated in unpaid interviews with KSI's customers or potential customers. The Court has authorized or "certified" a class action lawsuit against KSI on behalf of temporary employees of KSI who participated in one or more unpaid interviews with KSI's customers or potential customers in California between August 14, 2004 and the present. The following Notice provides further information about this case and your rights to participate in it or to be excluded from it. In a class action lawsuit, a "Named Plaintiff" or "Class Representative" sues individually and on behalf of a group of people with similar claims, who are known as the "Class." In this case, the Named Plaintiff is Catherine Sullivan, a former KSI temporary employee. The party being sued, KSI, is the "Defendant." The Court resolves the claims that are alleged against the Defendant for all members of the Class, except for those who have told the Court they do not want to be included. What is this lawsuit about? The Named Plaintiff in this lawsuit contends that KSI should pay temporary workers for time spent interviewing for assignments with KSI's customers and/or potential customers. The Court has found that the Named Plaintiff should be compensated for such interview time. KSI has the right to file an appeal of that finding. The Court has not made any determination as to how much 1 2997081v.1 CASE NO. CV 08-03893 CW CLASS ACTION CLASS NOTICE Judge: Trial Date: Claudia Wilken Not set U he Named Plaintiff may be entitled to. On April 27, 2010, the Court found that this lawsuit could proceed as a class action, which means that all KSI temporary employees who participated in one or more unpaid interviews at locations within California at any time between August 14, 2004 and the present are members of the Class and may be represented by the Named Plaintiff. The Court has not made any determination as to whether any particular Class member may be entitled to compensation for any unpaid interview time. KSI may file a motion with the Court seeking to reverse the decision to grant class certification. In addition, KSI has the right to defend itself against the Named Plaintiff's individual claims and the Class claims at trial. A trial has not yet taken place. The parties have the right to file an appeal of any outcome at trial. What do I need to do to participate in the lawsuit? If you are a current or former temporary employee of KSI who participated in one or more unpaid interviews with Kelly customers or potential customers in California between August 14, 2004 and the present, you are a member of the Class and need not do anything at this time if you wish to remain a member of the Class. By remaining a member of the Class, you are not guaranteed any payment or benefit. You will be bound by all orders and judgments that affect the Class as a whole, whether favorable or unfavorable. You do not have to pay the attorneys representing the Class. You may seek the Court's permission to intervene or personally appear in the lawsuit. How can I exclude myself from the lawsuit? You have the right to exclude yourself from the Class. If you do NOT want to be included in this lawsuit, please send a letter with your name, address and phone number to Kelly Services Class Action Administrator, c/o [insert name and address of administrator], stating that you wish to be excluded. The letter must be postmarked by no later than [insert date]. By excluding yourself from the Class, you will not be bound by any Court orders or judgments or able to receive any money from the case in the event that Plaintiffs prevail at trial and on any appeal. If you exclude yourself from the Class, you may attempt to bring your own lawsuit against KSI and select your own counsel. Are Class Counsel my personal attorneys? Class Counsel are not your personal attorneys at this time. As part of the certification of the case as a class action, Class Counsel was appointed to represent the interests of the Class. However, until the expiration of the 75-day time period (i.e., until [insert date]) allowed for you to exclude yourself (otherwise known as "opting-out") from the case, there is no formal attorney-client relationship between you and Class Counsel. This means that during the opt-out period, you are free to contact Class Counsel, KSI's counsel or hire or consult with your own attorneys if you choose to do so. At the end of the 75-day opt-out period, Class Counsel will then formally represent you in this lawsuit. If you decide to opt-out of the lawsuit, Class Counsel will not represent you in any capacity. 1 t 2997081v.1 an Kelly Services retaliate against me if I choose to stay in the lawsuit? No. If you choose to remain in the class, state and federal law both prohibit an employer from retaliating against any person who participates in, or assists the prosecution of, a wage and hour class action like this. If you still are not sure whether you are included in this lawsuit because you may not have worked as a temporary employee for KSI between August 14, 2004 and the present in California and participated in one or more unpaid interviews with KSI's customers or potential customers, or if you have any questions or concerns, you may call: Class Counsel: Eric A. Grover, Esq. Valerie L. Sharpe, Esq. KELLER GROVER LLP 1965 Market Street San Francisco, CA 94103 Toll Free: 888-535-5291 Telephone: 415-543-1305 eagrover@kellergrover.com Counsel for Kelly Services, Inc.: E. Joseph Connaughton, Esq. Aaron A. Buckley, Esq. PAUL, PLEVIN, SULLIVAN & CONNAUGHTON LLP 401 B Street, 10th Floor San Diego, CA 92101 Telephone: 619-237-5200 jconnaughton@paulplevin.com 1 C997081v.1 2

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