Stitt v. The San Francisco Municipal Transportation Agency

Filing 208

ORDER APPROVING NOTICES TO THE CERTIFIED CLASS. Signed by Judge Yvonne Gonzalez Rogers on 6/13/2014. (fs, COURT STAFF) (Filed on 6/13/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DARRYL A. STITT, et al.,

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United States District Court
Northern District of California

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Plaintiffs,

ORDER APPROVING NOTICES TO THE
CERTIFIED CLASS

v.
THE SAN FRANCISCO MUNICIPAL
TRANSPORTATION AGENCY, et al.,
Defendants.

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Case No.: 12-CV-3704 YGR

The Court, having considered Plaintiffs’ and Defendant’s submission of a Joint Statement

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Regarding Notice to the Certified Class and exhibits thereto (Dkt. No. 204; see also Dkt. No. 194)

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filed in response to this Court’s instructions during a telephonic conference on June 2, 2014 (Dkt.

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No. 202) and Order Setting Compliance Hearing (Dkt. No. 203), hereby approves the following

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forms of notices:

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

Exhibit A, to send to the approximately 1,400 class members who have already signed

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and filed “Consent to Become Party Plaintiff” forms to opt in to the FLSA collective

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action;

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

Party Plaintiff” forms;

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Exhibit B, to send to class members who have not already filed “Consent to Become



Exhibit C, a “Participation Form” to be enclosed only with the Exhibit B form (in other

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words, mailed only to individuals who have not already filed “Consent to Become Party

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Plaintiff” forms); and

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

Exhibit D, an “Exclusion Form” to be enclosed with all notices.

IT IS SO ORDERED.

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Date:

June 13, 2014

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
Northern District of California

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EXHIBIT A

Stitt v. The San Francisco Municipal Transportation Agency, C-12-03704-YGR
Notice of Lawsuit Against the City and County of San Francisco
The United States District Court for the Northern District of California
Authorized this Notice
DATE:

[The date of the Court’s Order], 2014

TO:

All individuals who are currently employed, or formerly have been employed, by
the City and County of San Francisco’s Municipal Transportation Agency
(SFMTA) as a Transit Operator or in an equivalent position (Civil Service
Classification 9163) at any time on or after July 16, 2009

PLEASE READ THIS NOTICE: A CLASS ACTION AND COLLECTIVE ACTION
LAWSUIT MAY AFFECT YOUR RIGHTS

YOUR LEGAL RIGHTS AND OPTIONS
There are two sets of claims: FLSA Collective Action Claims and State/Local Class Action
Claims. You can participate in (a) both set of claims; (b) one or the other; or (c) neither. Your
rights and options, and the deadlines, are explained in this notice and summarized below.
YOUR STATUS: IF YOU DO NOTHING, YOU WILL PARTICIPATE IN BOTH SETS OF
CLAIMS.
OPTION

PROCEDURE

Participate in the FLSA
Collective Action Claims

You have already taken the action required to participate in
the FLSA Collective Action Claims by signing a participation
form (“Consent to Become Party Plaintiff”) that was filed
with the Court. If you want to remain in the FLSA Collective
Action Claims, no further action is required.

Exclude Yourself from the
FLSA Collective Action
Claims

If you do not want to participate in the FLSA Collective Action
Claims, you must send a letter to withdraw your consent. See
section 6 for details.

Participate in the
State/Local Class Action
Claims

In order to participate in the State/Local Class Action Claims,
no action is required.

Exclude Yourself from the
State/Local Class Action
Claims

If you do not want to participate in the State/Local Class Action
Claims, you must fill out and return the enclosed “Exclusion
Form” by [DATE].

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1.

Introduction
The purpose of this notice is to provide you with information regarding a class action and
collective action lawsuit brought by certain Transit Operators against the City and County of San
Francisco (the “City” or “Defendant”), to advise you of how your rights might be affected by this
lawsuit, and to inform you of the procedures to participate in the lawsuit if you choose to do so.
On May 2, 2014, the Court granted the Plaintiffs’ motion to certify the lawsuit as a class
action and collective action, and certified the following class:
All individuals who are currently employed, or formerly have been employed, by
Defendant as a Transit Operator or in an equivalent position (Civil Service Classification
9163) at any time on or after July 16, 2009. Excluded from the Class are anyone
employed by counsel for Plaintiffs in this action, and any Judge to whom this action is
assigned and his or her immediate family members.
The Court has appointed Plaintiffs Darryl A. Stitt, Tony Grandberry, and Hedy Griffin as
representatives of the class (the “Class Representatives” or “Plaintiffs”), and appointed The
Tidrick Law Firm as the attorneys for the class.
You have received this notice because you may be a member of the class of individuals
similarly situated to the Plaintiffs. The Court has ordered that this notice be sent to you to
explain what the lawsuit is about and how you can participate in it, if you so choose to do so.
The Court has not made any final rulings on the merits of the lawsuit. The City has
contested all of the claims brought by the Plaintiffs.

2.

Description of the Lawsuit
Plaintiffs contend that the City has failed to pay Transit Operators for certain
compensable time, including: (a) non-commute start-end travel time; (b) certain time associated
with meetings; (c) certain time associated with turning in documents; and (d) unclaimed time
operating a bus or train after the time when it was scheduled to arrive at the end of a run (“late
runs”). Plaintiffs seek compensation for that time as well as liquidated damages, penalties,
interest, attorneys’ fees, and costs associated with bringing this lawsuit.
Plaintiffs bring their claims under:
(1) state and local law, specifically, California Industrial Wage Commission
Order 9-2001 (“Wage Order No. 9”), California Labor Code § 1194, and the San Francisco
Minimum Wage Ordinance (“SFMWO”) which are the subject of the Class Action (collectively,
the “State/Local Class Action Claims”); and
(2) federal law, specifically, the Fair Labor Standards Act (“FLSA”), 29 U.S.C.
§ 207 which are the subject of the Collective Action (the “FLSA Collective Action Claims”).
The State/Local Class Action Claims and the FLSA Collective Action Claims
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challenge the same employer practices, but each has a different procedure governing what
actions, if any, you are required to take in order to participate. With respect to the State/Local
Class Action Claims, all class members automatically participate unless they take action to “opt
out” of those claims. In contrast, a class member does not participate in the FLSA Collective
Action Claims unless he or she takes action to “opt in” to those claims.
3.

Your Options
If you are currently employed, or formerly have been employed, by Defendant as a
Transit Operator or in an equivalent position (Civil Service Classification 9163) at any time on
or after July 16, 2009, you may participate in both the FLSA Collective Action Claims and the
State/Local Class Action Claims. Alternatively, you can participate in one or the other, or
neither. The procedures to participate or not participate are described in Section 6 below.

4.

Effect of Participating
If you participate in either State/Local Class Action Claims or the FLSA Collective
Action Claims or both, you will be bound by any ruling, judgment, award, or settlement, whether
favorable or unfavorable, in the claims in which you participate.
While the lawsuit proceeds, you may be required to respond to discovery related to the
claims in this lawsuit including answering written questions, producing documents, having your
deposition taken, and/or testifying in court. If you are required to do so, Plaintiffs’ counsel will
assist you. Plaintiffs’ attorneys will not charge you directly for their work in this case. If there is
no recovery, you will not be required to pay the attorneys for any of their work. If there is a
recovery, Plaintiffs’ attorneys will receive whatever attorneys’ fees the Court orders. Those fees
may be subtracted from the recovery obtained from Defendant, or they may be paid separately by
Defendant, or there may be a combination of the two methods.
If you participate, you designate the Class Representatives as your agents to make
decisions and agreements on your behalf concerning the lawsuit, and you give up the right to sue
the Defendant on your own regarding the claims in which you participate. Any settlement of the
State/Local Class Action Claims or the FLSA Collective Action Claims must be approved by the
Court. You will have the right to object to any settlement.

5.

Effect of Not Participating
If you do not participate in the State/Local Class Action Claims or the FLSA Collective
Action Claims, or either of them, you will not be bound by any ruling, judgment, or settlement,
whether favorable or unfavorable, and you will not share in any recovery whether by
settlement or judgment, in the claims of the lawsuit in which you do not participate. If you do
not participate, you are free to take action on your own to pursue claims of the lawsuit in which
you do not participate, or you may do nothing at all.

6.

Procedures to Participate or Not Participate
You may choose to participate in the State/Local Class Action Claims and/or the FLSA
Collective Action Claims by following the procedures described below.
The FLSA Collective Action Claims. You have already opted in to the FLSA
Collective Action Claims by signing a “Consent to Become Party Plaintiff” that was filed with
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the Court. Therefore if you want to remain in the FLSA Collective Action Claims, no further
action is required. If you do not want to participate in the FLSA Collective Action Claims, you
must send by U.S. Mail, e-mail, or facsimile to The Tidrick Law Firm, at the address listed
below, a letter that includes your name and address with your signature and date and that states:
“I withdraw my consent to be part of the Stitt et al. v. SFMTA, et al., C-12-03704-YGR, FLSA
Collective Action Claims.”
State/Local Class Action Claims. In order to participate in the State/Local Class Action
Claims, no action is required. Therefore, if you want to participate in the State/Local Class
Action Claims, no further action is required. If you do not want to participate in the State/Local
Class Action Claims, you must fill out the enclosed “Exclusion Form” and then return the
completed form by U.S. mail, e-mail, or facsimile to The Tidrick Law Firm. The Tidrick Law
Firm’s mailing address, fax number, and e-mail address are listed below. The form must be
signed, dated, and postmarked by [DATE] (if you mail it) or received by The Tidrick Law Firm
(if you scan/email it or fax it) on or before [DATE] in order for you to be excluded.
7.

No Retaliation Permitted
The law prohibits the City from retaliating against employees for exercising their rights
under the FLSA, Wage Order No. 9, California Labor Code, or the SFMWO. Therefore, the
City is prohibited from retaliating against you in any manner because you choose to participate
in this lawsuit.

8.

Your Legal Representation If You Participate
If you participate in this action, you will be represented by the Named Plaintiffs through
their attorneys, as counsel for the class, specifically:
THE TIDRICK LAW FIRM
STEVEN G. TIDRICK, SBN 224760
JOEL B. YOUNG, SBN 236662
2039 Shattuck Avenue, Suite 308
Berkeley, California 94704
Phone: [phone]
Fax: [phone]
[e-mail]

9.

Further Information
If you want further information about this Notice or the lawsuit, or have questions about
the procedures and deadline described above, please write Plaintiffs’ counsel at the address
above, call Erika Valencia of The Tidrick Law Firm at [phone], extension 90, or send an
e-mail to her at [e-mail]

10.

Court Authorization
This notice and its contents have been authorized by the Honorable Judge Yvonne
Gonzalez Rogers, United States District Court for the Northern District of California. The Court
has not yet ruled on the merits of Plaintiffs’ claims or of the City’s defenses.

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EXHIBIT B

Stitt v. The San Francisco Municipal Transportation Agency, C-12-03704-YGR
Notice of Lawsuit Against the City and County of San Francisco
The United States District Court for the Northern District of California
Authorized this Notice
DATE:

[The date of the Court’s Order], 2014

TO:

All individuals who are currently employed, or formerly have been employed, by
the City and County of San Francisco’s Municipal Transportation Agency
(SFMTA) as a Transit Operator or in an equivalent position (Civil Service
Classification 9163) at any time on or after July 16, 2009

PLEASE READ THIS NOTICE: A CLASS ACTION AND COLLECTIVE ACTION
LAWSUIT MAY AFFECT YOUR RIGHTS
YOUR LEGAL RIGHTS AND OPTIONS
There are two sets of claims: FLSA Collective Action Claims and State/Local Class Action
Claims. You can participate in (a) both set of claims; (b) one or the other; or (c) neither. Your
rights and options, and the deadlines, are explained in this notice and summarized below.
YOUR STATUS: IF YOU DO NOTHING, YOU WILL BE EXCLUDED FROM THE FLSA
COLLECTIVE ACTION CLAIMS AND YOU WILL PARTICIPATE ONLY IN THE
STATE/LOCAL CLASS ACTION CLAIMS.
OPTION

PROCEDURE

Participate in the FLSA
Collective Action Claims

If you want to participate in the FLSA Collective Action
Claims, you must fill out and return the enclosed “Participation
Form” by [DATE]

Exclude Yourself from the
FLSA Collective Action
Claims

If you do not want to participate in the FLSA Collective Action
Claims, no action is required.

Participate in the
State/Local Class Action
Claims

In order to participate in the State/Local Class Action Claims,
no action is required.

Exclude Yourself from the
State/Local Class Action
Claims

If you do not want to participate in the State/Local Class Action
Claims, you must fill out and return the enclosed “Exclusion
Form” by [DATE].

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1.

Introduction
The purpose of this notice is to provide you with information regarding a class action and
collective action lawsuit brought by certain Transit Operators against the City and County of San
Francisco (the “City” or “Defendant”), to advise you of how your rights might be affected by this
lawsuit, and to inform you of the procedures to participate in the lawsuit if you choose to do so.
On May 2, 2014, the Court granted the Plaintiffs’ motion to certify the lawsuit as a class
action and collective action, and certified the following class:
All individuals who are currently employed, or formerly have been employed, by
Defendant as a Transit Operator or in an equivalent position (Civil Service Classification
9163) at any time on or after July 16, 2009. Excluded from the Class are anyone
employed by counsel for Plaintiffs in this action, and any Judge to whom this action is
assigned and his or her immediate family members.
The Court has appointed Plaintiffs Darryl A. Stitt, Tony Grandberry, and Hedy Griffin as
representatives of the class (the “Class Representatives” or “Plaintiffs”), and appointed The
Tidrick Law Firm as the attorneys for the class.
You have received this notice because you may be a member of the class of individuals
similarly situated to the Plaintiffs. The Court has ordered that this notice be sent to you to
explain what the lawsuit is about and how you can participate in it, if you so choose to do so.
The Court has not made any final rulings on the merits of the lawsuit. The City has
contested all of the claims brought by the Plaintiffs.

2.

Description of the Lawsuit
Plaintiffs contend that the City has failed to pay Transit Operators for certain
compensable time, including: (a) non-commute start-end travel time; (b) certain time associated
with meetings; (c) certain time associated with turning in documents; and (d) unclaimed time
operating a bus or train after the time when it was scheduled to arrive at the end of a run (“late
runs”). Plaintiffs seek compensation for that time as well as liquidated damages, penalties,
interest, attorneys’ fees, and costs associated with bringing this lawsuit.
Plaintiffs bring their claims under:
(1) state and local law, specifically, California Industrial Wage Commission
Order 9-2001 (“Wage Order No. 9”), California Labor Code § 1194, and the San Francisco
Minimum Wage Ordinance (“SFMWO”) which are the subject of the Class Action (collectively,
the “State/Local Class Action Claims”); and
(2) federal law, specifically, the Fair Labor Standards Act (“FLSA”), 29 U.S.C.
§ 207 which are the subject of the Collective Action (the “FLSA Collective Action Claims”).
The State/Local Class Action Claims and the FLSA Collective Action Claims
challenge the same employer practices, but each has a different procedure governing what
actions, if any, you are required to take in order to participate. With respect to the State/Local
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Class Action Claims, all class members automatically participate unless they take action to “opt
out” of those claims. In contrast, a class member does not participate in the FLSA Collective
Action Claims unless he or she takes action to “opt in” to those claims.
3.

Your Options
If you are currently employed, or formerly have been employed, by Defendant as a
Transit Operator or in an equivalent position (Civil Service Classification 9163) at any time on
or after July 16, 2009, you may participate in both the FLSA Collective Action Claims and the
State/Local Class Action Claims. Alternatively, you can participate in one or the other, or
neither. The procedures to participate or not participate are described in Section 6 below.

4.

Effect of Participating
If you participate in either State/Local Class Action Claims or the FLSA Collective
Action Claims or both, you will be bound by any ruling, judgment, award, or settlement, whether
favorable or unfavorable, in the claims in which you participate.
While the lawsuit proceeds, you may be required to respond to discovery related to the
claims in this lawsuit including answering written questions, producing documents, having your
deposition taken, and/or testifying in court. If you are required to do so, Plaintiffs’ counsel will
assist you. Plaintiffs’ attorneys will not charge you directly for their work in this case. If there is
no recovery, you will not be required to pay the attorneys for any of their work. If there is a
recovery, Plaintiffs’ attorneys will receive whatever attorneys’ fees the Court orders. Those fees
may be subtracted from the recovery obtained from Defendant, or they may be paid separately by
Defendant, or there may be a combination of the two methods.
If you participate, you designate the Class Representatives as your agents to make
decisions and agreements on your behalf concerning the lawsuit, and you give up the right to sue
the Defendant on your own regarding the claims in which you participate. Any settlement of the
State/Local Class Action Claims or the FLSA Collective Action Claims must be approved by the
Court. You will have the right to object to any settlement.

5.

Effect of Not Participating
If you do not participate in the State/Local Class Action Claims or the FLSA Collective
Action Claims, or either of them, you will not be bound by any ruling, judgment, or settlement,
whether favorable or unfavorable, and you will not share in any recovery whether by
settlement or judgment, in the claims of the lawsuit in which you do not participate. If you do
not participate, you are free to take action on your own to pursue claims of the lawsuit in which
you do not participate, or you may do nothing at all.

6.

Procedures to Participate or Not Participate
You may choose to participate in the State/Local Class Action Claims and/or the FLSA
Collective Action Claims by following the procedures described below.
The FLSA Collective Action Claims. If you want to participate in the FLSA
Collective Action Claims, you must fill out the enclosed “Participation Form” and then return
the completed form by U.S. mail, e-mail, or facsimile to The Tidrick Law Firm. The Tidrick
Law Firm’s mailing address, fax number, and e-mail address are listed below. The form must be
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signed, dated, and postmarked by [DATE] (if you mail it) or received by The Tidrick Law Firm
(if you scan/email it or fax it) on or before [DATE] in order for you to participate in the FLSA
Collective Action Claims. If you do not want to participate in the FLSA Collective Action
Claims, no further action is required.
State/Local Class Action Claims. In order to participate in the State/Local Class Action
Claims, no action is required. Therefore, if you want to participate in the State/Local Class
Action Claims, no further action is required. If you do not want to participate in the State/Local
Class Action Claims, you must fill out the enclosed “Exclusion Form” and then return the
completed form by U.S. mail, e-mail, or facsimile to The Tidrick Law Firm. The Tidrick Law
Firm’s mailing address, fax number, and e-mail address are listed below. The form must be
signed, dated, and postmarked by [DATE] (if you mail it) or received by The Tidrick Law Firm
(if you scan/email it or fax it) on or before [DATE] in order for you to be excluded.
7.

No Retaliation Permitted
The law prohibits the City from retaliating against employees for exercising their rights
under the FLSA, Wage Order No. 9, California Labor Code, or the SFMWO. Therefore, the
City is prohibited from retaliating against you in any manner because you choose to participate
in this lawsuit.

8.

Your Legal Representation If You Participate
If you participate in this action, you will be represented by the Named Plaintiffs through
their attorneys, as counsel for the class, specifically:
THE TIDRICK LAW FIRM
STEVEN G. TIDRICK, SBN 224760
JOEL B. YOUNG, SBN 236662
2039 Shattuck Avenue, Suite 308
Berkeley, California 94704
Phone: [phone]
Fax: [phone]
[e-mail]

9.

Further Information
If you want further information about this Notice or the lawsuit, or have questions about
the procedures and deadline described above, please write Plaintiffs’ counsel at the address
above, call Erika Valencia of The Tidrick Law Firm at [phone], extension 90, or send an
e-mail to her at [e-mail]

10.

Court Authorization
This notice and its contents have been authorized by the Honorable Judge Yvonne
Gonzalez Rogers, United States District Court for the Northern District of California. The Court
has not yet ruled on the merits of Plaintiffs’ claims or of the City’s defenses.

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EXHIBIT C

PARTICIPATION FORM
USE THIS FORM TO PARTICIPATE IN THE FLSA
COLLECTIVE ACTION CLAIMS
Stitt v. The San Francisco Municipal Transportation Agency, C-12-03704-YGR

CONSENT TO BECOME PARTY PLAINTIFF
I am or have been currently or formerly employed by the San Francisco
Municipal Transportation Agency and/or the City and County of San Francisco
(collectively, “Defendants”) as a bus and/or train operator and I hereby consent to
be a party plaintiff to the FLSA Collective Action Claims in the above action
against Defendants regarding Defendants’ alleged failure to fully compensate me
for all compensable work time. I hereby authorize The Tidrick Law Firm to
represent me before any court or agency on such claims.
Date: _______________

By: ___________________________
Signature

Print name: _____________________________________
Address: _____________________________________
City/State/Zip: _____________________________________
Email: _____________________________________
Phone Number: _____________________________________
Badge Number: _____________________________________
In order to participate in the FLSA Claims, this form must be signed, dated, and
postmarked by [DATE] (if you mail it) or received by The Tidrick Law Firm (if
you scan/email it or fax it) on or before [DATE]. The Tidrick Law Firm’s mailing
address, fax number, and e-mail address are below.
The Tidrick Law Firm
2039 Shattuck Avenue, Suite 308
Berkeley, CA 94704
510-291-3226 (fax)
[e-mail]

EXHIBIT D

EXCLUSION FORM
USE THIS FORM TO EXCLUDE YOURSELF (“OPT OUT”)
FROM THE STATE/LOCAL CLASS ACTION CLAIMS
Stitt v. The San Francisco Municipal Transportation Agency, C-12-03704-YGR
USE THIS FORM IF YOU DO NOT WANT TO PARTICIPATE IN THE
STATE/LOCAL CLASS ACTION CLAIMS. THIS IS NOT A CLAIM FORM.

*
*
*
I wish to be excluded from the State/Local Class Action Claims. I
understand that by opting out, I will not be eligible to receive any money that
may result from the trial or settlement of the State/Local Class Action Claims
in this lawsuit, if there is one.
Date: _______________

By: ___________________________
Signature

Print name: _____________________________________
Address: _____________________________________
City/State/Zip: _____________________________________
Email: _____________________________________
Phone Number: _____________________________________
Badge Number: _____________________________________
In order to exclude yourself from the State/Local Class Action Claims, this form
must be signed, dated, and postmarked by [DATE] (if you mail it) or received by
The Tidrick Law Firm (if you scan/email it or fax it) on or before [DATE]. The
Tidrick Law Firm’s mailing address, fax number, and e-mail address are below.
The Tidrick Law Firm
2039 Shattuck Avenue, Suite 308
Berkeley, CA 94704
510-291-3226 (fax
[e-mail]