Aboudara v. City of Santa Rosa
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. APPROVING NOTICE TO PUTATIVE COLLECTIVE ACTION MEMBERS.(Docket No. 49 terminated). (ndrS, COURT STAFF) (Filed on 10/17/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TIMOTHY ABOUDARA, JR.,
Plaintiff,
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v.
CITY OF SANTA ROSA,
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United States District Court
Northern District of California
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Case No. 17-cv-01661-HSG
ORDER APPROVING NOTICE TO
PUTATIVE COLLECTIVE ACTION
MEMBERS
Defendant.
Re: Dkt. No. 49
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On September 1, 2017, the Court granted in part and denied in part Plaintiff’s motion to
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conditionally certify this action as a Fair Labor Standards Act (“FLSA”) collective action. Dkt.
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No. 48. The Court directed the parties to meet and confer within 14 days regarding the form of the
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notice, including the opt-in deadline, and the applicable notice period. See id. at 4.
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The parties have stipulated that Plaintiff will send notice of the FLSA collective action to
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all current or former non-exempt employees of the City of Santa Rosa employed in job
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classifications in the firefighter bargaining unit who have worked overtime and received cash
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payments in lieu of holidays or incentive payments for non-use of sick leave at any time since
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February 15, 2014. See Dkt. No. 49 at 2. Individuals who wish to participate in the collective
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action will have 90 days from the postmark of the notice to opt in. Id. at 2, & Ex. A.
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The parties’ proposed notice states that if successful in the action, Plaintiff’s counsel may
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“apply to receive an award of separate attorneys’ fees, or a percentage of any common fund
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judgment or settlement obtained in favor of Plaintiffs.” Id. In addition, the notice should inform
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individuals that if they opt into the class, they will have the opportunity to view any attorneys’ fee
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motion and object to the requested fees and costs. With that change, the Court finds that the
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parties’ proposed notice to putative collective action class members is fair, accurate, and
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reasonable.
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Accordingly, the Court ORDERs as follows:
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1. Within ten (10) days from the date of this Order, Defendant shall provide Plaintiff’s
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counsel with the last known mailing addresses of any and all current or former non-
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exempt employees of the City of Santa Rosa employed in job classifications in the
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firefighter bargaining unit who have worked overtime and received cash payments in
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lieu of holidays or incentive payments for non-use of sick leave at any time since
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February 15, 2014.
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2. Plaintiff’s counsel shall distribute the notice, with the revision identified above, via
first class mail to the putative collective action members using the addresses provided
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United States District Court
Northern District of California
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by Defendant, and provide proof of distribution of the Notice to Defendant’s counsel
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upon request.
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IT IS SO ORDERED.
Dated: 10/17/2017
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge
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