Gardner et al v. Shell Oil Company et al

Filing 91

ORDER RE CLASS CERTIFICATION NOTICE PLAN. Signed by Judge Claudia Wilken on 5/25/2011. (ndr, COURT STAFF) (Filed on 5/25/2011)

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JAY SMITH (CA Bar No. 166105)
(Email: [e-mail])
LINDA S. FANG (CA Bar No. 240245)
(Email: [e-mail])
GILBERT & SACKMAN
A LAW CORPORATION
3699 Wilshire Boulevard, Suite 1200
Los Angeles, California 90010
Tel: [phone], Fax: [phone]
RICHARD P. ROUCO (pro hac vice)
(Email: [e-mail])
WHATLEY DRAKE & KALLAS, LLC
2001 Park Place North
Birmingham, Alabama 35203
Tel: [phone], Fax: [phone]

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Attorneys for Plaintiffs David Gardner, Steve Mattern,
Brian Cerri, and William Sullivan

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION

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DAVID GARDNER, STEVE MATTERN, BRIAN
CERRE, and WILLIAM SULLIVAN, individually
and on behalf of all similarly situated current and
former employees,

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Plaintiffs,

Case No. C 09-05876 CW (DMR)
Assigned to the Honorable Claudia Wilken
ORDER RE CLASS CERTIFICATION
NOTICE PLAN

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v.

Action filed:
Trial date:

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November 17, 2009
September 12, 2011

SHELL OIL COMPANY, SHELL OIL
PRODUCTS COMPANY LLC, and EQUILON
ENTERPRISES LLC dba SHELL OIL
PRODUCTS US and DOES 1 through 20,
inclusive,

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Defendants.
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Case No. C 09-05876 CW (DMR)
[PROPOSED] ORDER RE CLASS CERTIFICATION NOTICE PLAN

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After consideration of the joint proposed class certification notice plan filed by Plaintiffs, IT IS

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HEREBY ORDERED that the following class certification notice plan shall be implemented, with a

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correction made to paragraph 12 of the Class Notice, which refers to an address at paragraph 16 when

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paragraph 16 provides no address:

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The third-party administrator (“TPA”) chosen by Plaintiffs is Simpluris, Inc. The TPA will be

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charged with preparing and sending the Class Notice to class members. Defendants have provided a list

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of the names and last-known addresses of class members (“class list”) to Class Counsel. Class Counsel is

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working with the USW to verify that the class list is accurate. If any inaccuracies in the class list are

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discovered, Class Counsel will meet and confer with Defendants’ counsel and, if necessary, file a motion

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with the Court. Once the class list is verified, Class Counsel will provide the class list to the TPA.

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Deadline for Class Counsel to provide the class 7 days after the date of entry of the Court’s Order

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list to the TPA, assuming no disagreement with regarding Plaintiffs’ proposed class certification

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Defendants regarding the accuracy of the list (if notice plan

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such disagreement does arise, the deadlines

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contained herein shall be delayed while the parties

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meet and confer and while any motion is pending

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before the Court)

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Following receipt of the Class List, the TPA will prepare the Class Notice, a proposed draft of

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which was attached as Exhibit A to the proposed class certification notice plan filed by Plaintiffs, for

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mailing by First-Class U.S. mail to the class members’ last-known addresses.

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Deadline for mailing Class Notices to class 7 days after Class Counsel receives the Class List

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members

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Deadline for class members to mail requests for 30 days after the postmark date of the Class

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exclusion (postmark deadline)

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IT IS SO ORDERED.

from Defendants

Notice

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5/25/2011
Dated: ____________________

_____________________________________
Honorable Claudia Wilken
U.S. District Judge

Case No. C 09-05876 CW (DMR)
[PROPOSED] ORDER RE CLASS CERTIFICATION NOTICE PLAN