Sanchez v. Sephora USA, Inc.

Filing 57

ORDER by Judge ARMSTRONG granting 27 Motion to Certify Class (lrc, COURT STAFF) (Filed on 7/18/2012)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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REBECCA SANCHEZ, individually and on

Case No: 11-03396 SBA

11 behalf of all others similarly situated,

Plaintiff,

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ORDER GRANTING PLAINTIFF’S
MOTION FOR CONDITIONAL
CERTIFICATION

vs.
Docket 27

14 SEPHORA USA, INC.,
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Defendant.

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Plaintiff Rebecca Sanchez (“Plaintiff”), individually and on behalf of all others

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similarly situated, brings the instant action against her former employer, Sephora USA, Inc.

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(“Sephora”) under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b), to recover

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unpaid overtime wages. See First Am. Compl. (“FAC”), Dkt. 9. The parties are presently

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before the Court on Plaintiff’s Motion for Conditional Certification. Dkt. 27. Having read

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and considered the papers filed in connection with this matter, and being fully informed, the

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Court hereby GRANTS Plaintiff’s motion for the reasons stated below. The Court, in its

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discretion, finds this matter suitable for resolution without oral argument. See Fed.R.Civ.P.

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78(b); N.D. Cal. Civ. L.R. 7-1(b).

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I.

BACKGROUND
Sephora is a beauty supply retailer which owns and operates over 280 retail stores

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across the United States. From August 2004 to November 2009, Plaintiff worked as a

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Specialist for Sephora in stores located in Florida and Texas. As a Specialist, Plaintiff’s job

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duties included: (a) sales; (b) merchandising; (c) customer service; (d) inventory; and

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(e) operating the cash register. Plaintiff was compensated on a salary basis, and typically

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worked fifty hours per week without any overtime compensation. She allegedly performed

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these functions in accordance with Sephora’s corporate policies, practices, checklists,

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standards of conduct and guidelines which were disseminated and/or readily available to

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“cast members” (i.e., employees).

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On July 11, 2011, Plaintiff filed the instant action in this Court against Sephora.

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Dkt. 1. On August 3, 2011, Plaintiff filed a First Amended Complaint (“FAC”), which

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alleges a single claim under the FLSA. Dkt. 8. Plaintiff alleges that Sephora misclassified

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her and other Specialists as “exempt” and, as a result, failed to pay her and putative class

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members overtime wages in violation of the FLSA. Plaintiff along with Marilyn Creek,

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Cherie Tahtinen and Merrie G. Pickering-Gray, who also were employed as Sephora

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Specialists on a salary basis, have filed consents to join the action.1

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On December 29, 2011, Plaintiff filed the present motion for conditional

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certification. Dkt. 27. She seeks conditional certification of a Class defined as follows:

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“All individuals who were (a) employed by Sephora as a Specialist within the past three

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years prior to this action’s filing date and through the final disposition of this lawsuit; and

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(b) paid a ‘salary’ with no overtime compensation.” Mot. at 1 (footnote omitted). In

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response, Sephora has filed an opposition to the motion, as well as a separate brief styled as

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“Objections to Evidence Submitted by Plaintiff in Support of Motion for Class

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Certification.” Dkt. 34, 46. Plaintiff timely filed a reply and a response to Sephora’s

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evidentiary objections. Dkt. 48, 49. At the direction of the Court, Sephora submitted a

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Sephora disputes that Ms. Creek was employed during the class period. However,
that dispute is not germane to the instant motion.
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surreply addressing certain aspects of Plaintiff’s proposed class notice on June 8, 2012.

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The matter has been fully briefed and is ripe for adjudication.

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II.

DISCUSSION

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A.

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Sephora seeks to strike the declarations submitted by Plaintiff and four putative class

SEPHORA’S OBJECTIONS TO PLAINTIFF’S DECLARATIONS

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members on the grounds that they are “cookie cutter” declarations. Dkt. 46. However, the

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mere fact that the declarations submitted by Plaintiff are virtually identical does not ipso

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facto render them incompetent, particularly at this stage of the proceeding where the Court

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is applying a lenient standard of review. See Keiholtz v. Lennox Hearth Prods., Inc., 268

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F.R.D. 330, 337 n.3 (N.D. Cal. 2010) (“On a motion for class certification, the Court makes

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no findings of fact and announces no ultimate conclusions on Plaintiffs’ claims” and

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therefore “the Court may consider evidence that may not be admissible at trial.”); Bollinger

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v. Residential Capital, LLC, 761 F. Supp. 2d 1114, 1120 (W.D. Wash. 2011) (“But at this

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stage, under a lenient standard, the use of similarly worded or even ‘cookie cutter’

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declarations is not fatal to a motion to certify an FLSA collective action.”). The Court also

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is unpersuaded by Sephora’s ancillary contentions that the declarants’ statements regarding

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their job duties lack foundation. It is axiomatic that the declarants are competent to

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articulate what their particular job duties were. Though the declarants may not have

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provided specific details regarding each and every aspect of their position as a Specialist,

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the lack of such information does not render their statements “vague and ambiguous” as

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Sephora asserts. For these reasons, the Court overrules Sephora’s objections to the

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declarations submitted by Plaintiff.

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B.

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Under the FLSA, employers must pay their employees a minimum wage and

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overtime wages for hours worked in excess of forty per week. See 29 U.S.C. §§ 206, 207.

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If an employer fails to do so, an aggrieved employee may bring a collective action on

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behalf of “similarly situated” employees based on their employer’s alleged violations of the

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FLSA. Does I thru XXIII v. Advanced Textile Corp., 214 F.3d 1058, 1064 (9th Cir. 2000).

CONDITIONAL CERTIFICATION

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The decision as to whether to certify a collective action is within the discretion of the

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district court. Adams v. Inter-Con Sec. Sys., 242 F.R.D. 530, 535 (N.D. Cal. 2007) (citing

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Leuthold v. Destination Am., Inc., 224 F.R.D. 462, 466 (N.D. Cal. 2004)). The plaintiff

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bears the burden of showing that the putative collective action members are “similarly

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situated.” Adams, 242 F.R.D. at 535-536; Leuthold, 224 F.R.D. at 466.

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Although the FLSA does not define “similarly situated,” federal courts have

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generally adopted a two-step approach to determine whether to permit a collective action.

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Hill v. R&L Carriers, Inc., 690 F. Supp. 2d 1001, 1009 (N.D. Cal. 2010). The first step is

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the “notice stage,” at which time the district court assesses whether potential class members

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should be notified of the opportunity to opt-in to the action. Buenaventura v. Champion

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Drywall, Inc. of Nev., No. 2:10-cv-00377-LDG (RJJ), 2012 WL 1032428, at *8 (D. Nev.,

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Mar. 27, 2012). “To grant conditional certification at this stage, the court requires little

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more than substantial allegations, supported by declarations or discovery, that the putative

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class members were together the victims of a single decision, policy, or plan.” Stanfield v.

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First NLC Fin. Servs., LLC, No. C 06-3892 SBA, 2006 WL 3190527, at *2 (N.D. Cal.,

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Nov. 1, 2006) (internal quotations and citations omitted) (Armstrong, J.). “Plaintiff need

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not show that his position is or was identical to the putative class members’ positions; a

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class may be certified under the FLSA if the named plaintiff can show that his position was

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or is similar to those of the absent class members.” Edwards v. City of Long Beach, 467 F.

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Supp. 2d 986, 990 (C.D. Cal. 2006). “Since this first determination is generally made

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before the close of discovery and based on a limited amount of evidence, the court applies a

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fairly lenient standard and typically grants conditional class certification.” Misra v.

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Decision One Mortg. Co., LLC, 673 F. Supp. 2d 987, 993 (C.D. Cal. 2008) (emphasis

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added).2 At the second step—typically initiated by a motion to decertify after discovery is

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complete—the court engages in a more searching inquiry. Leuthold, 224 F.R.D. at 466.

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“Should the court determine on the basis of the complete factual record that the plaintiffs

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are not similarly situated, then the court may decertify the class and dismiss the opt-in

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plaintiffs without prejudice.” Id. at 467.

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In the instant case, the Court finds that Plaintiff has satisfied the lenient standard for

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conditional certification. Four individuals representing different Sephora retail

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establishments, regions, and districts have filed consents to join this action. See Dkt. 1, 13,

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14 and 15. The job descriptions, documents, admissions and declarations proffered by

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Plaintiff demonstrate that Sephora’s policy of allegedly improperly classifying its

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Specialists as exempt from the FLSA is widespread and ongoing. This evidence shows

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Sephora’s Specialists were employed with a common job description, performed similar job

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duties, under identical pay provisions, and is sufficient for conditional certification at this

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stage of the proceedings. See Hill, 690 F. Supp. 2d at 1009 (“For conditional certification

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at this notice stage, the court requires little more than substantial allegations, supported by

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declarations or discovery, that the putative class members were together the victims of a

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single decision, policy, or plan.”) (internal quotations and citations omitted).

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Sephora offers several arguments in opposition to Plaintiff’s motion for conditional
certification, none of which the Court finds compelling. First, Sephora argues that

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The undersigned and other judges in this District uniformly apply the two-stage
approach and a lenient standard to determine whether plaintiffs are “similarly situated.”
See Guifu Li v. A Perfect Franchise, Inc., No. C 10-1189 LHK, 2011 WL 4635198, at *6
(N.D. Cal., Oct. 5, 2011) (Koh, J.); Santiago v. Amdocs, Inc., No. C 10-4317 SI, 2011 WL
6372348, at *7 (N.D. Cal., Dec. 19, 2011) (Illston, J.); Beauperthuy v. 24 Hour Fitness
USA, Inc., 772 F. Supp. 2d 1111, 1117 (N.D. Cal. 2011) (Conti, J.); Gee v. Suntrust
Mortg., Inc., No. C 10-1509 RS, 2011 WL 722111, at *2 (N.D. Cal., Feb. 18, 2011)
(Seeborg, J.); Harris v. Vector Marketing Corp., 753 F. Supp. 2d 996, 1003 (N.D. Cal.
2010) (Chen, J.); Wong v. HSBC Mortg. Corp., No. C 07-2446 MMC, 2010 WL 3833952,
at *1 (N.D. Cal., Sept. 29, 2010 (Chesney, J.); Lewis v. Wells Fargo & Co., 669 F. Supp.
2d 1124, 1127 (N.D. Cal. 2009) (Wilken, J.); Labrie v. UPS Supply Chain Solutions, Inc.,
No. C 08-3182 PJH, 2009 WL 723599, at *4 (N.D. Cal., Mar. 18, 2009) (Hamilton, J.);
Baas v. Dollar Tree Stores, Inc., C 07-3108 JSW, 2009 WL 1765759, at *5 (N.D. Cal., June
18, 2009) (White, J.); In re Wells Fargo Home Mortg. Overtime Pay Litig., 527 F. Supp. 2d
1053, 1071 (N.D. Cal. 2007) (Patel, J.); Leuthold, 224 F.R.D. at 467 (Walker, J.).
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Plaintiff’s evidentiary showing is too weak to justify conditional certification under the

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standard for class certification under Rule 23 set forth in Wal-Mart Stores, Inc. v. Dukes,

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131 S.Ct. 2541 (2011). Dukes clarified that to show commonality under Rule 23(a)(2), a

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plaintiff must demonstrate that class members “have suffered the same injury” and that

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their claims “depend upon a common contention ... of such a nature that is capable of

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classwide resolution—which means that determination of its truth or falsity will resolve an

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issue that is central to the validity of each one of the claims in one stroke.” Dukes, 131

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S.Ct. at 2251 (internal citation omitted). However, Sephora has not cited nor has the Court

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found any authority extending Dukes to a FLSA action, particularly at the first stage of the

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certification process. Indeed, application of Dukes to the conditional certification analysis

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would be contrary to the weight of authority holding that the FLSA’s “similarly situated”

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requirement is less stringent than Rule 23’s standard for class certification. See O’Brien v.

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Ed Donnelly Enters., Inc., 575 F.3d 567, 584 (6th Cir. 2009) (holding that district court

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erred in applying Rule 23 standard to determine whether opt-in plaintiffs were similarly

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situated under the FLSA); see also Grayson v. K Mart Corp., 79 F.3d 1086, 1096 (11th Cir.

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1996).

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Nor is the Court persuaded that, notwithstanding Dukes, Plaintiff has failed to make

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a sufficient showing to justify conditional certification at this juncture. Sephora complains

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that the declarations from Plaintiff and three opt-in claimants fail to show that Specialists in

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other stores around the country were subject to a common policy. Sephora’s arguments,

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however, are better suited for resolution at the second stage of the certification process

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where a more rigorous analysis will be undertaken to determine whether Plaintiff’s claims

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are similarly situated to potential class members. Leuthold, 224 F.R.D. at 467-68. At the

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first stage, where little, if any, discovery has yet been undertaken, only “some evidence” is

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necessary to show that the plaintiff and potential claimants are similarly situated with

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respect to their job duties and circumstances. Kress v. PricewaterhouseCoopers, LLP, 263

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F.R.D. 623, 630 (E.D. Cal. 2009). Plaintiff’s evidentiary showing, while not substantial or

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detailed, is nonetheless more than sufficient at this stage of the proceedings. Id.
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Sephora next contends that conditional certification is inappropriate on the grounds

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that determining whether Plaintiff and putative class members are similarly situated will

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entail individualized inquiries, ostensibly because Specialists’ duties vary from store to

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store. This Court has rejected similar arguments during the first stage of the FLSA

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conditional certification process, finding that these arguments go to the merits and are

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better addressed at the second stage, after discovery has closed. See Stanfield, 2006 WL

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3190527 at *3; accord Harris v. Vector Marktg. Corp., 716 F. Supp. 2d 835, 841 (N.D. Cal.

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2010) (Chen, J.); Labrie v. UPS Supply Chain Solutions, Inc., No. C 08-3182 PJH, 2009

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WL 723599, at *5-7 (N.D. Cal., May 18, 2010) (Hamilton, J.); Gilbert v. Citigroup, Inc.,

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No. C 08-0385 SC, 2009 WL 424320, at *4 (N.D. Cal., Feb.18, 2009) (Conti, J.); Escobar

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v. Whiteside Const. Corp., No. C 08-01120 WHA, 2008 WL 3915715, at *5 (N.D. Cal.,

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Aug. 21, 2008) (Alsup, J.).

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The Court also notes that Sephora’s argument inappropriately depends heavily on

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declarations from a number of its employees for the proposition that individualized

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inquiries are necessary to determine class members’ job duties. E.g., Delaney Decl. ¶¶ 4-6;

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Johnson Decl. ¶ 9-14; Pacheco Decl. ¶ 10-11. Again, federal courts are in agreement that

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evidence from the employer is not germane at the first stage of the certification process,

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which is focused simply on whether notice should be disseminated to potential claimants.

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See Grayson, 79 F.3d at 1099 n.17 (affirming district court’s grant of conditional

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certification based on plaintiff’s substantial allegations, notwithstanding defendant’s

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submission of affidavits contradicting plaintiff’s allegations); Luque v. AT & T Corp., No.

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C 09-5885 CRB, 2010 WL 4807088, at *5 (N.D. Cal., Nov. 19, 2010) (disregarding thirty

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declarations from other field managers submitted by defendants in opposition to motion for

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conditional certification) (Breyer, J.); Kress, 263 F.R.D. at 628 (“In determining whether

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plaintiffs have met this standard, courts need not consider evidence provided by

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defendants.”).

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Finally, Sephora argues that Plaintiff has not shown that a sufficient number of other
Specialists desire to opt-in to this lawsuit. There is no controlling authority holding that a
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FLSA plaintiff must make such a showing as a prerequisite to obtaining conditional

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certification. Delgado v. Ortho-McNeil, Inc., No. SACV07-263CJCMLGX, 2007 WL

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2847238, at *2 (C.D. Cal., Aug. 7, 2007). Indeed, such a restriction is counter to the lenient

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standard applicable to motions for conditional certification. Moreover, it is inconsistent

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with the directive of the Supreme Court and the Ninth Circuit that the FLSA should be

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“liberally construed to apply to the furthest reaches consistent with Congressional

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direction.” Probert v. Family Centered Servs. of Alaska, Inc., 651 F.3d 1007, 1010 (9th

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Cir. 2011) (internal quotations and citations omitted); Tony and Susan Alamo Foundation

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v. Secretary of Labor, 471 U.S. 290, 296 (1985).

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In sum, the Court thus concludes that Plaintiff has made a sufficient showing for
conditional certification and dissemination of notice to the Class.

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C.

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In addition to determining whether conditional certification is warranted, Plaintiff

MODIFICATIONS TO THE CLASS NOTICE

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requests that the Court facilitate notice of the pending action to potential claimants so that

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they will have an opportunity to opt-in to this case. To this end, Plaintiff requests that the

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Court direct Sephora to disclose the names and contact information of the potential class

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members. Plaintiff also requests that the Court approve her proposed form of notice and

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proposed consent to join form, and then allow her counsel to send out these Court-approved

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forms to potential Class members. Sephora objects to certain provisions of Plaintiff’s

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proposed class notice which are discussed below.

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Time to Compile Class List

Plaintiff proposes that the Court require Sephora to compile a list of potential class

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members within ten days of the date of the Court’s approval of the class notice. Sephora

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summarily states that it needs more than ten days, and proposes a thirty-day time period to

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prepare the class list. In her reply, Plaintiff proposes a compromise of twenty days.

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Neither party provides any particular reasons or evidentiary support for the proposed

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timeframes.

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In this Court’s experience, the amount of time allotted to a defendant to produce a

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list of proposed class members typically is resolved by mutual agreement among the

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parties. Indeed, the parties should be aware that they are required to meet and confer in

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advance of presenting any motion to the Court. See Standing Orders ¶ 5, 31. In the instant

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case, however, there is no indication that the parties have complied with this requirement.

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Therefore, the parties are directed to meet and confer regarding a mutually acceptable

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amount of time for Sephora to provide a list of potential class members to Plaintiff.

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Dissemination of Class List

Sephora contends that either it or a neutral third party should disseminate the class

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notice in order to protect the privacy interests of putative class members. However, this

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Court previously rejected an identical argument made in an FLSA action. See Stanfield,

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2006 WL 3190527 at *5; accord Khalilpour v. CELLCO P’ship, C 09-02712 CW, 2010

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WL 1267749, at *3 (N.D. Cal., Apr. 1, 2010) (“the disclosure of names, addresses, and

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telephone numbers is common practice in the class action context because it does not

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involve revelation of personal secrets, intimate activities, or similar private information,

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which have been found to be serious invasions of privacy”); see also Algee v. Nordstrom,

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Inc., C 11-301 CW, 2012 WL 1919134, at *1 (N.D. Cal., May 25, 2012) (finding that

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privacy concerns did not preclude disclosure of class members’ contact information to

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plaintiff) (Wilken, J.). Therefore, the Court finds that Plaintiff’s counsel may disseminate

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notice to the class.

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3.

Amount of Time to Opt-In

Plaintiff requests that the Court set a ninety day notice period during which potential

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class members may opt-in, while Sephora proposes a forty-five day opt-in period. Though

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opt-in periods vary, timeframes of sixty to ninety days appear to have become the

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presumptive standard in this District. Gee v. Suntrust Mortg., Inc., No. C-10-1509 RS,

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2011 WL 722111, at *4 (N.D. Cal., Feb. 18, 2011) (ninety day opt-in period for mortgage

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underwriters) (Seeborg, J.); Luque, 2010 WL 4807088, at *7 (sixty day opt-in period

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telephone company field managers) (Breyer, J.); Lewis v. Wells Fargo & Co., 669 F. Supp.
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2d 1124, 1126 (N.D. Cal. 2009) (seventy-five day opt-in period for bank’s information

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technology employees) (Wilken, J.); Stanfield, 2006 WL 3190527, at *6 (sixty day opt-in

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period for loan officers) (Armstrong, J.). However, a longer period may be appropriate in

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cases where the prospective class may be difficult to locate. E.g., Carrillo v. Schneider

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Logistics, Inc., No. CV 11-8557 CAS (DTBx), 2012 WL 556309, at *15 (C.D. Cal., Jan.

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31, 2012) (180-day opt-in period appropriate for class of low-income migrant workers).

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Sephora contends that a forty-five -day opt-in period will expedite the action. In

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contrast, Plaintiff contends that a longer notice period is warranted, allegedly because

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putative class members “work long stretches from home and additional time is needed to

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ensure that they receive adequate notice of their right to participate in this case.” Reply at

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10. However, Plaintiff provides no evidentiary support for her assertion. In any event, the

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Court finds that a notice period of sixty days sufficiently balances both parties’ concerns

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and is reasonable under the circumstances presented. See Stanfield, 2006 WL 3190527, at

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*6.

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4.

Subsequent Notices

Plaintiff proposes sending out a second notice prior to the expiration of the opt-in

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period to remind potential class members that their deadline to opt-in is coming due.

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Sephora contends that a second notice could be interpreted as encouragement by the Court

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to join the lawsuit. However, such concerns are uncompelling, given that the second notice

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will be disseminated by Plaintiff’s counsel, not the Court. That aside, courts have

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recognized that a second notice or reminder is appropriate in an FLSA action since the

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individual is not part of the class unless he or she opts-in. See Harris, 716 F. Supp. 2d at

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847 (approving post-card reminder); see also Gee, 2011 WL 722111, at *4 (approving

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reminder notice to be sent forty-five days after initial notice sent). The Court therefore

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authorizes Plaintiff to send a second notice, identical to the first, thirty days after the

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issuance of the first notice.

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5.

Content of Notice

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The FLSA requires courts to provide potential plaintiffs “accurate and timely notice

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concerning the pendency of the collective action, so that they can make informed decisions

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about whether to participate.” Hoffmann-La Roche, 493 U.S. at 170. Additionally, “[i]n

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exercising the discretionary authority to oversee the notice-giving process, courts must be

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scrupulous to respect judicial neutrality. To that end, trial courts must take care to avoid

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even the appearance of judicial endorsement of the merits of the action.” Id. at 174.

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Plaintiff has provided a copy of her proposed notice along with the instant motion.
Pl.’s Ex. 18. In response, Sephora has provided a “redlined” version of the proposed notice

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which sets forth its proposed revisions. Plaintiff responds that “[m]any of the changes

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proposed by Defendant are reasonable and have been incorporated in the revised proposed

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notice….” Reply at 12. Nonetheless, two areas remain in dispute.

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a)

“Costs Associated with Suit”

Sephora proposes adding a section to the notice entitled “Costs Associated With

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This Suit.” Opp’n Ex. A. In essence, this section states that if Plaintiff does not prevail,

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class members may be subject to a proportional share of costs, as well as sanctions under

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Rule 11 of the Federal Rules of Civil Procedure in the event the Court finds that Plaintiff

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has violated that rule. Citing out-of-district authority, Plaintiff expresses concern that the

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proposed language will dissuade potential class members from opting in. In Stanfield,

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however, this Court recognized that “potential Plaintiffs should be made aware of any fees

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or costs for which they may be liable before opting in to the lawsuit.” 2006 WL 3190527 at

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*5. As in Stanfield, “[t]he parties are ordered to meet and confer to draft a mutually

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acceptable provision explaining potential costs that Plaintiffs may incur.” Id.

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b)

“Effect of Joining Suit”

Sephora also has proposed a section titled “Effect of Joining Lawsuit.” Among

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other things, this section informs putative class members that if they opt-in, they, inter alia:

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will be bound by the judgment “whether it is favorable or unfavorable”; “may be required

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to provide information, sit for depositions and testify in court”; and will be represented by
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Plaintiff’s counsel, who will be paid on a contingency fee basis, and will be bound by

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decisions made by them. Def. Mot., Ex. A.

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Plaintiff again relies on out-of-district authority for the proposition that it is

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unnecessary to include information regarding putative class members’ potential litigation

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obligations. There is authority from this District, however, recognizing the propriety of

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including such information to adequately advise the potential class regarding the litigation.

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E.g., Luque, 2010 WL 4807088, at *7 (“it is appropriate to include a statement that class

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members might ‘be required to provide information,’ and so the Court adds such a

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statement to the Notice.”).

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The Supreme Court has specified that court-approved notice in a FLSA action must

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be “timely, accurate, and informative” to enable potential class members to make

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“informed decision[s]” as to whether to join the lawsuit. Hoffman-La Roche, 493 U.S. at

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172. In light of that directive, the Court is persuaded that it is appropriate to include some

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information in the Notice informing class members of possible obligations in the event they

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elect to opt-in. Nonetheless, the language set forth in Sephora’s proposed modification is

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somewhat verbose and duplicative of the “Costs Associated with This Suit” section.

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Therefore, the parties are directed to meet and confer to draft mutually agreeable language

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for inclusion in the “Effect of Joining Lawsuit” section.

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III.

CONCLUSION

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For the reasons stated above,

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IT IS HEREBY ORDERED THAT:

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1.

Plaintiff’s Motion for Conditional Certification is GRANTED.

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2.

Within five (5) days of the date this Order is filed, the parties shall meet and

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confer regarding: (a) the timeframe for Sephora to provide Plaintiff’s counsel a list of

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potential class members; and (b) mutually acceptable language for inclusion in the “Costs

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Associated With This Suit” and “Effect of Joining Lawsuit” sections of the Notice. Within

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fourteen (14) days of the date this Order is filed, the parties shall submit their proposed

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deadline for Sephora for provide a list of potential class members to Plaintiffs and their
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revised, proposed Class Notice, along with a proposed order approving the same. If the

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parties are unable to reach an agreement, each shall individually submit its proposed

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deadline and notice for the Court’s consideration.

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2.

Within twenty (20) days of the date the Court approves the amended Class

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Notice, Notice shall be disseminated by Plaintiff’s counsel or their agent. The opt-in period

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shall be limited to sixty (60) days from the date Notice is disseminated to the Class.

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Plaintiff is authorized to send a second Notice, identical to the first, no later than thirty (30)

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days after the issuance of the first Notice.

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3.

This Order terminates Docket 27.

IT IS SO ORDERED.
Dated: July 17, 2012

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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