Mendez v. R+L Carriers, Inc. et al
Filing
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ORDER REGARDING CURATIVE LETTER. Signed by Judge Claudia Wilken on 5/16/2012. (ndr, COURT STAFF) (Filed on 5/16/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROBERT MENDEZ, et al.,
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Plaintiffs,
ORDER REGARDING
CURATIVE LETTER
v.
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R+L CARRIERS, INC., R&L CARRIERS
SHARED SERVICES, LLC and DOES 110,
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Defendants.
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United States District Court
For the Northern District of California
No. C 11-2478 CW
________________________________/
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Both parties have filed briefs informing the Court that they
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have agreed that a curative letter should be mailed to potential
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class members, but that they have not agreed on the language of
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the letter.
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Court choose one of the letters, with or without modification.
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The Court has reviewed the letters and has composed the following
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letter by adapting paragraphs from each of the letters.
Each side submits one letter and requests that the
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Dear _______:
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This letter has been sent to you because you have been
identified as a potential class member in the case, Mendez,
et al. v. R+L Carriers Shared Services, LLC (Shared
Services), et al., Case No. CV11-2478 CW, currently pending
in the United States District Court, Northern District of
California, the Hon. Claudia Wilken presiding. Plaintiffs'
lawsuit contends that class members were not paid for all
hours worked and were not provided with legally required meal
and rest periods. Plaintiffs seek to represent all
California based drivers for Shared Services from May, 2007
to the present. The District Court has made no ruling on the
merits of Plaintiffs' claims or Shared Services' defenses and
has not yet decided whether the action can proceed as a class
action.
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United States District Court
For the Northern District of California
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Shared Services denies Plaintiffs' claims and believes it
properly provided meal and rest periods and also properly
paid wages as required by California law. Shared Services
denies any liability or wrongdoing of any kind in connection
with this action.
As part of the investigation phase of the lawsuit, attorneys
for Plaintiffs and/or Shared Services may seek to contact you
to question you concerning your experiences at Shared
Services. You are free to talk to either side, both sides or
neither. You are under no obligation to provide information
or to discuss this matter with Shared Services or their
attorneys or representatives, or with the Plaintiffs'
attorneys or any of their representatives. Notwithstanding
anything you may have heard or been told in the past, you
will not be retaliated against or rewarded for any decision
you make about participating in the action or speaking with
any attorneys.
This means you may speak with Plaintiffs' attorneys and
otherwise participate in the lawsuit without fear of losing
your job or having other adverse action taken against you by
Shared Services. If you do decide to speak to Plaintiffs'
attorneys and feel you have been retaliated against for doing
so, you may contact Plaintiffs' attorneys, listed below.
Shared Services will not contact drivers with whom Shared
Services' managers met in June or August 2011 in order to
obtain signed declarations, and those declarations will not
be used unless the declarant also signed a declaration
prepared by Shared Services' attorneys at a later time or
provided a signed declaration to Plaintiffs' counsel.
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Whether or not you previously signed a declaration for Shared
Services, you may discuss this case with Plaintiffs'
attorneys. If you would like to, you may sign a declaration
on behalf of Plaintiffs. Any communication with Plaintiffs'
attorneys is confidential and will not be shared with Shared
Services without your permission. Likewise, your
communications with Shared Services' attorneys are
confidential and will not be shared with Plaintiffs'
attorneys without your permission.
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The contact information for Plaintiffs' attorneys is below:
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. . .
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The contact information for Shared Services' attorneys is
below:
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. . .
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Yours truly,
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Plaintiffs' attorneys
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Defendants' attorneys
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IT IS SO ORDERED.
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Dated: 5/16/2012
CLAUDIA WILKEN
United States District Judge
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United States District Court
For the Northern District of California
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