Heldt v. Tata Consultancy Services, Ltd

Filing 511

ORDER RE: PENDING ADMINISTRATIVE MOTIONS re 508 ADMINISTRATIVE MOTION for Clarification or Leave to Move for Reconsideration re 498 Order on Motion for Miscellaneous Relief filed by Nobel Mandili, Seyed Amir Masoudi, Christopher Slai ght, 507 ADMINISTRATIVE MOTION Requesting Telephonic Hearing Regarding Update to Corrective Notice re 469 Order filed by Tata Consultancy Services, Ltd, 506 ADMINISTRATIVE MOTION Requesting Telephonic Hearing Regarding Depositions of Recently-Identified Witnesses filed by Tata Consultancy Services, Ltd.The Court DENIES plaintiffs' request for leave to file a motion for reconsideration of the Court's 9/10/18 order. Currently set 10/1/18 at 11:00am telephone conference date is maintained. Signed by Judge Yvonne Gonzalez Rogers on 9/27/18. (fs, COURT STAFF) (Filed on 9/27/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER SLAIGHT, ET AL.,

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Plaintiffs,

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CASE NO. 15-cv-01696-YGR
ORDER RE: PENDING ADMINISTRATIVE
MOTIONS

vs.
TATA CONSULTANCY SERVICES, LTD,

Re: Dkt. Nos. 506, 507, 508

Defendant.

United States District Court
Northern District of California

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The Court has received and reviewed the administrative motions filed by defendant Tata
Consultancy Services, Ltd (“TCS”) (Dkt. Nos. 506, 507) and by plaintiffs (Dkt. No. 508).
With respect to TCS’s administrative motion requesting telephone hearing regarding

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depositions of recently-identified witnesses (Dkt. No. 506), the Court CLARIFIES that during the

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September 21, 2018, the Court did not “rule[] that TCS would be allowed to depose such newly-

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identified persons” (Dkt. No. 506 at 1), but only provided guidance in light of parties’ then-

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upcoming meet-and-confer session. Given the parties agreement, which the Court supports, the

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Court now ORDERS that the depositions of the newly-identified witnesses shall last no longer than

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four (4) hours.

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Regarding plaintiffs’ administrative motion (Dkt. No. 508), the Court CLARIFIES that its

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September 10, 2018 order requires return of severance payment as a condition to participate in the

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instant class action. Plaintiffs have not presented newly discovered evidence, shown that the

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Court committed a clear error, or pointed to an intervening change in the controlling law. Kona

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Enters, Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000). Plaintiffs’ reiteration of their

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arguments in support of their initial motion to invalidate the release agreements do not warrant this

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“extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial

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resources.” Id. Accordingly, the Court DENIES plaintiffs’ request for leave to file a motion for

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reconsideration of the Court’s September 10, 2018 order.
With respect to TCS’s administrative motion requesting telephonic hearing regarding

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update to corrective notice (Dkt. No. 507), the Court GRANTS IN PART defendant’s request to

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update the previously-issued corrective notice. The Court has reviewed and revised the proposed

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update notice, attached herein as Exhibit A. The Court believes the revisions provide the best

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practicable approach under the circumstances as to protect the effected class members. A redlined

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editable version of the proposed update notice will be sent as a courtesy via email to counsel of

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record. The Court will discuss the revisions to the proposed update notice during the telephone

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conference currently scheduled for 11 a.m. on Monday October 1, 2018 unless the parties jointly

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agree to this approach in advance, in which case, the revised notice may be issued. Additionally,

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United States District Court
Northern District of California

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as noted during the September 21, 2018 telephone conference, the parties should be prepared to

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discuss their progress with respect to the deadlines articulated in the Court’s Pretrial Orders No. 1

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and 2, found at Docket Numbers 431 and 495.

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This Order terminates Docket Numbers 506, 507, and 508.

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IT IS SO ORDERED.

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Dated: September 27, 2018
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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EXHIBIT A
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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CHRISTOPHER SLAIGHT, ET AL.,

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Plaintiffs,

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CASE NO. 15-cv-01696-YGR
CLASS ACTION

vs.
TATA CONSULTANCY SERVICES, LTD,

UPDATE REGARDING CORRECTIVE NOTICE
TO CLASS MEMBERS

Defendant.

United States District Court
Northern District of California

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TO: ALL POTENTIAL CLASS MEMBERS WHO SIGNED SEPARATION AND

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RELEASE AGREEMENTS WITH TATA CONSULTANCY SERVICES, LTD. (“TCS”):

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You are receiving this notice because you are a potential class member in the class action

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lawsuit Slaight, et al. v. Tata Consultancy Services, Ltd., No. 4:15-cv-1696-YGR. The class in

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this lawsuit is defined as “All individuals who are not of South Asian race or Indian national

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origin who were employed by TCS in the United States, were subject to a policy or practice of

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benching and allocation, were placed in an unallocated status and were terminated between April

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14, 2011 and December 27, 2017 and who are not bound by an arbitration agreement with TCS.”

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You may or may not be part of this class.

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Records produced in the case indicate that you signed a Separation and Release Agreement

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(“Release Agreement”) with TCS agreeing to waive any and all legal claims against TCS in

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exchange for a monetary severance payment. As you were previously notified, the Court has

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found that if you fall under the definition of a class member, you may participate in this lawsuit

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even though you signed a Release Agreement. However, the Court has recently determined

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that if you choose to participate in this lawsuit, you will be obligated to return the settlement

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payment that you received pursuant to the Release Agreement. You have two options:

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1. Do Nothing:

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If you DO NOTHING and thereby keep the settlement payment you previously received,

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you will be deemed to have opted-out of the Class, you will retain your settlement payment, and

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your Release Agreement will remain in full effect.

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2. Participate and Return Severance:

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You may choose to participate in the lawsuit. To do so, you must contact Class Counsel at

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[phone] or ClassCounsel@kotchen by Friday, November 2, 2018 and return the

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severance payment. Because you are returning the severance payment, your Release Agreement

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will be deemed VOID and RESCINDED.

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The Court takes no position in this case as to the parties’ claims and has not issued any

United States District Court
Northern District of California

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determinations regarding the merits of the lawsuit. You are being sent this update to the

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previously-issued Corrective Notice to allow you to make an informed choice as to whether you

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wish to participate in the lawsuit in light of your Release Agreement. The decision is yours.

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If you have any questions with respect to this action or about this Corrective Notice, you

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may direct such questions to Class Counsel. They may be contacted at [phone] or

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[e-mail].

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YOU SHOULD NOT CONTACT THE COURT OR TCS WITH QUESTIONS.

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THIS NOTICE AND ITS CONTENT HAVE BEEN APPROVED BY

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JUDGE YVONNE GONZALEZ ROGERS,

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U.S. DISTRICT COURT, NOTHERN DISTRICT OF CALIFORNIA.

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Dated: September _ 2018
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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