Gehl et al v. Bloomin' Brands et al

Filing 47

STIPULATION AND ORDER re 46 STIPULATION WITH PROPOSED ORDER Stipulation Re Notice Procedure Regarding Disclosure of Putative Class Members' Contact Information; [Proposed] Order filed by Sara Ewart, Chris Armenta, Ryan Tyson, T-Bird Nevada, LLC, Shannon Spalding, Ramon Perez, Trent Broadstreet, Alex Burroughs, Holly Gehl, Jamie Metter, T-Bird Restaurant Group, Inc., Brittni Zacher. Signed by Magistrate Judge Kandis A. Westmore on 8/25/14. (sisS, COURT STAFF) (Filed on 8/25/2014)

DON SPRINGMEYER
1 dspringmeyer@wrsla\\{yers.com
BRADLEY SCHRAGER (Admitted Pro Hac Vice)
2 bschrag~r@wrsla~ers.com
JUSTIN JONES (State Bar No. 218217)
3 jjones@wrsla~ers.com
WOLF;RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
4 3556 E. Russell Road;. Second Floor
Las Vegas, Nevada 8~120
5 Telephone: [phone]
Facsimile: [phone]
6

MATTHEW OSTER (State Bar No. 190541)
7 [e-mail]
ERIC tEVINRAD (State Bar No. 169025)
8 elevinrad@wrslawyers. com
JOSHUA A. SHAPIRO (State Bar No. 229741)
9 i~!Iapiro@wrsla~ers. com
WOLF, ltiFKIN, SHAPIRO, SCHIJLMAN & RABKIN, LLP
10 11400 West O!ympic Boulevard, 9t Floor
Los Angeles, California 90064-1582
11 Telephone: [phone]
Facsimile: [phone]
12
Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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HOLLY GEHL, et al others similarly
18 situated,
Plaintiffs,
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vs.
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21 BLOOMIN' BRANDS, INC., et al.,
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23
24

Defendants

Case No. 4:13-cv-05961-KAW
[Judge Kandis A. Westmore]

STIPULATION RE NOTICE
PROCEDURE REGARDING
DISCLOSURE OF PUTATIVE CLASS
MEMBERS' CONTACT
INFORMATION; [PROPOSED]
ORDER

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STIPULATION RE NOTICE PROCEDURE
RE DISCLOSURE OF PUTATIVE CLASS
1\,fJ:.'l\,fDDD C' r'f"\l\T'T' A r''T' Tl\Tl7f"\Dl\.f A 'T'Tf"\l\T

1

The parties to the above-captioned action, through their attorneys of record,

2 hereby stipulate and agree as follows:
3

WHEREAS, this action is a putative class action brought by the named

4 plaintiffs on behalf of themselves and all current and former hourly, non-exempt
5 employees employed by defendants at an "Outback Steakhouse" Restaurant in
6 California, at any time during the statutory time period;
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WHEREAS, plaintiff Chris Armenta has served discovery on all defendants

8 requesting, among other things, that defendants disclose the identities of, and
9 contact information for, each non-exempt employee who has been employed at any
10 CALIFORNIA OUTBACK RESTAURANT from November 8, 2010 until the
11 present time;
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WHEREAS, defendants T-BIRD RESTAURANT GROUP, INC. and

13 T-BIRD NEVADA, LLC (collectively, the "T-Bird Defendants") have contended
14 that providing such information could violate the privacy rights of their current and
15 former employees;
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WHEREAS, plaintiffs believe they are entitled to contact information

17 regarding all members ofthe proposed class, the T-Bird Defendants have
18 maintained that they are only obligated to provide such information regarding
19 employees who work or have worked at the particular CALIFORNIA OUTBACK
20 RESTAURANTS were the class representatives have worked;
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WHEREAS, defendants BLOOMIN' BRANDS, INC., OSI RESTAURANT

22 PARTNERS, LLC, and OS RESTAURANT SERVICES, LLC have represented that
23 they do not have the requested contact information and have represented that they
24 do not believe that they are the appropriate parties to participate in the opt-out notice
25 procedure described herein;
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WHEREAS, plaintiffs and the T-Bird Defendants have previously stipulated

27 to utilize the procedure set forth in Belaire- West Landscape, Inc. v. Superior Court,
28 149 Cal.App.4th 554 (2007), pursuant to which plaintiffs are being provided the
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STIPULATION RE NOTICE PROCEDURE
RE DISCLOSURE OF PUTATIVE CLASS
MEMBERS' CONTACT INFORMATION

1 contact information of the putative class members for only the Fremont, Mission
2 Valley and Moreno Valley CALIFORNIA OUTBACK RESTAURANTS, and for
3 any other restaurants where a prospective class representative has worked, if such
4 putative class members did not object to the disclosure of such information to
5 plaintiffs' counsel;
WHERAS, the Court's August 6, 2014, discovery Order encouraged plaintiffs

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7 and the T-Bird Defendants to stipulate to production of contact information for all
8 putative class members at all CALIFORNIA OUTBACK RESTAURANTS in
9 accordance to the previously agreed upon Belaire- West Landscape, Inc. v. Superior
10 Court, 149 Cal.App.4th 554 (2007) procedure.
11

12

THEREFORE, IN LIGHT OF THE FOREGOING, PLAINTIFFS AND THE

13 T-BIRD DEFENDANTS HEREBY STIPULATE AND AGREE THAT:
1.

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On or before September 5, 2014, the T-Bird Defendants will provide

15 plaintiffs' counsel with the name of each non-exempt employee who has been
16 employed at any CALIFORNIA OUTBACK RESTAURANT from November 8,
17 2010 until the present time (the "Statutory Period"), along with their locations of
18 employment, as has been requested, in part, by plaintiff Chris Armenta's
19 interrogatories to the defendants.
2.

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On or before September 5, 2014, the T-Bird Defendants shall provide

21 the last known physical address; the email addresses, to the extent that the T-Bird
22 Defendants has any email addresses; telephone numbers; dates of employment;
23 positions of employment for each time period; and location of employment for each
24 time period of all non-exempt employees identified pursuant to Paragraph 1, above,
25 to a third-party administrator to be agreed-upon by the parties ("TP A"). Within ten
26 days of receipt of such information, the TP A will send to all identified individuals
27 by United States mail, and email where email addresses are available, the notice
28 attached as Exhibit 1 to this Stipulation.
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STIPULATION RE NOTICE PROCEDURE
RE DISCLOSURE OF PUTATIVE CLASS
MEMBERS' CONTACT INFORMATION

3.

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Within forty- five days after mailing such notices, but not before thirty

2 days after mailing such notices, the TP A shall provide plaintiffs' counsel with the
3 last known physical addresses; the email addresses, to the extent that the T-Bird
4

Defendants has any email addresses; telephone numbers; dates of employment;

5 positions of employment for each time period; and location of employment for each
6 time period of each of the current or former employees previously identified
7 pursuant to paragraphs 1 and 2, above, except for those persons who have informed
8 the TPA that they object to the disclosure of such information.
4.

9

The plaintiffs and T-Bird Restaurant Group, Inc. have agreed to evenly

10 share the cost of the TP A notice expense.
IT IS SO STIPULATED

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DATED: August 21, 2014

WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP

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By:

/s/ Eric Levinrad
ERIC LEVINRAD
Attorneys for Attorneys for Plaintiffs

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19 DATED: August 21, 2014

LATHROP & GAGE, LLP

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By:

/s/ Beth Schroeder
BETH SCHROEDER
LAUREN KATUNICH
ALLISON WALLIN (Admitted Pro Hac Vice)
Attorneys for Defendants T-BIRD RESTAURANT
GROUP, INC. and T-BIRD NEVADA, LLC

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STIPULATION RE NOTICE PROCEDURE
RE DISCLOSURE OF PUTATIVE CLASS
MEMBERS' CONTACT INFORMATION

ORDER

1

2

In light of the stipulation by and between plaintiffs and defendants T-BIRD

3 RESTAURANT GROUP, INC. and T-BIRD NEVADA, LLC (collectively, the "T4 Bird Defendants"), and for good cause shown, IT IS HEREBY ORDERED THAT:
5

1.

On or before September 5, 2014, the T-Bird Defendants will provide

6 plaintiffs' counsel with the name of each non-exempt employee who has been
7 employed at any CALIFORNIA OUTBACK STEAKHOUSE RESTAURANTS
8 from November 8, 2010 until the present time (the "Statutory Period"), along with
9 their locations of employment, as has been requested, in part, by plaintiff Chris
10 Armenta's interrogatories to the defendants.
2.

11

On or before September 5, 2014, the T-Bird Defendants shall provide

12 the last known physical addresses; the email addresses, telephone numbers, dates of
13 employment, positions of employment for each time period, and location of
14 employment for each time period of all non-exempt employees identified pursuant
15 to Paragraph 1, above, to a third-party administrator to be agreed-upon by the parties
16 ("TPA"). Within ten days of receipt of such information, the TPA will send to all
17 identified individuals by United States mail, and email where email addresses are
18 available, the notice attached as Exhibit 1 to this Stipulation.

3.

19

Within forty- five days after mailing such notices, but not before thirty

20 days after mailing such notices, the TP A shall provide plaintiffs' counsel with the
21 last known physical and email addresses, telephone numbers, dates of employment,
22 positions of employment for each time period, and location of employment for each
23 time period of each of the current or former employees previously identified
24 pursuant to paragraphs 1 and 2, above, except for those persons who have informed
25 the TPA that they object to the disclosure of such information.
26 I I I
27 I I I
28 I I I
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STIPULATION RE NOTICE PROCEDURE
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4.

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The plaintiffs and T-Bird Restaurant Group, Inc. shall evenly share the

2 cost of the TP A notice expense.
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4 Dated:

8/25/14

5
HON. KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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STIPULATION RE NOTICE PROCEDURE
RE DISCLOSURE OF PUTATIVE CLASS
MEMBERS' CONTACT INFORMATION