Joseph Bisaccia v. Revel Systems Inc.

Filing 36

ORDER by Judge Haywood S. Gilliam, Jr. Granting 35 Stipulation Regarding Conditional Certification and Distribution of Judicial Notice. (terminating 20 Motion CONDITIONAL CERTIFICATION AND DISTRIBUTION OF JUDICIAL NOTICE). (ndrS, COURT STAFF) (Filed on 10/5/2017)

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MOLLIE M. BURKS (SBN 222112)
[e-mail]
SARA A. MOORE (SBN 294255)
[e-mail]
GORDON & REES
SCULLY MANSUKHANI LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
REVEL SYSTEMS, INC.
Matthew C. Helland, CA State Bar No. 250451
[e-mail]
Daniel S. Brome, CA State Bar No. 278915
[e-mail]
NICHOLS KASTER, LLP
235 Montgomery St., Suite 810
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for PLAINTIFF and those similarly situated

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UNITED STATE DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - OAKLAND
JOSEPH BISACCIA, individually and on
behalf of all others similarly situated,

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Plaintiffs,

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vs.
REVEL SYSTEMS, INC.,
Defendant.

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Case No. 17-cv-02533-HSG
STIPULATION AND ORDER
REGARDING CONDITIONAL
CERTIFICATION AND
DISTRIBUTION OF JUDICIAL
NOTICE
Complaint Filed: May 3, 2017

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-1STIPULATION AND ORDER REGARDING CONDITIONAL CERTIFICATION AND DISTRIBUTION
MAST
OF JUDICIAL NOTICE – Case No. 17-cv-02533-HSG

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The parties to the above-entitled action jointly submit this Stipulation for Conditional
Certification and Distribution of Judicial Notice.

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WHEREAS Plaintiff’s Motion for Conditional Certification (“Motion”) is set for hearing
on October 5, 2017 at 2 p.m.

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WHEREAS, the parties have agreed to mediate this case in January 2018.

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WHEREAS, in the interest of efficiency and judicial economy, the parties have agreed

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that conditional certification shall be granted for the following collective:

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All inside sales employees (including Sales Development Representatives,
Associate Sales Executives, Junior Sales Executives, Sales Executives, Sales
Associates, Account Executives, Enterprise Sales Executives, or other positions
with similar job titles and/or duties) (“Inside Sales Representative”) who work or
have worked for Revel since May 4, 2014.

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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WHEREAS, the parties have further agreed to the manner of distribution of judicial

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notice.
NOW THEREFORE, for good and sufficient consideration, the receipt of which is

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hereby acknowledged, Plaintiff and Defendant STIPULATE and AGREE as follows:

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

The agreed Notice and Consent form are attached hereto as Exhibit A.

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

Notice will be distributed by an administrator, to be selected by agreement of the parties

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within 7 days from the date of this order, and paid for by Defendant. The administrator

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will provide any consent forms it receives to Plaintiffs’ Counsel as soon as possible, and

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at least by 3:00 p.m. Pacific on the day the consent form is received. The settlement

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administrator will perform a skip trace on any undeliverable mail.

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

tolling agreement until the date that the administrator mails notice.

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

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Defendant will provide the class list to the administrator within ten days of the Court’s
order, and will provide a list of names without contact information to Plaintiffs’ Counsel.

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The Parties have previously executed a limited tolling agreement, and agree to extend this

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Notice will be distributed by mail and email, with a reminder postcard containing the
same substance as the initial notice.

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-2STIPULATION AND ORDER REGARDING CONDITIONAL CERTIFICATION AND DISTRIBUTION
OF JUDICIAL NOTICE

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In light of the above, the hearing on Plaintiff’s M
n
e
P
Motion, which is currently set for Oct
h
y
tober 5, 2017
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at 2 p.m., sho
t
ould be taken off calenda
n
ar.

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IT IS SO ST
I
TIPULATE AND AGREED.
ED
A

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Dated: Octo
D
ober 5, 2017

GORDON & REES
SCULLY M
MANSUKH
HANI LLP

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By:

/s/ M
Mollie M. Bur
rks
MOL
LLIE M. BU
URKS
SAR A. MOOR
RA
RE
Attorneys f Defendan
for
nt
REVEL SY
YSTEMS, IN
NC.

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NICHOLS KASTER L
LLP

Dated: Octo
D
ober 5, 2017

Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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By:

/s/ D
Daniel S. Bro
ome
MAT
TTHEW C. H
HELLAND
DAN
NIEL S. BRO
OME
Attorneys f PLAINTIFF
for

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ORDER
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PURSUANT TO STIPU
ULATION, IT IS SO O
I
ORDERED. The Court conditionall certifies a
ly
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co
ollective of:
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nside sales employees (including Sales De
s
g
evelopment Representa
atives,
All in
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Assoc
ciate Sales Executives, Junior Sale Executiv
es
ves, Sales E
Executives, Sales
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Assoc
ciates, Accou Executiv Enterpr
unt
ves,
rise Sales Ex
xecutives, o other posi
or
itions
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with similar job ti
s
itles and/or duties) (“Ins
side Sales R
Representativ
ve”) who wo or
ork
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have worked for Revel since May 4, 2014
w
R
M
4.
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Judici Notice sh be distrib
ial
hall
buted in the manner set o above. T hearing o Plaintiff’s
out
The
on
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Motion for Conditional Certification, which is set for Octobe 5, 2017 at 2 p.m., is of calendar.
M
C
t
er
ff
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DATED: Oct
D
tober 5, 2017
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_
__________
___________
__________
_________
H
Hon. Haywo S. Gillia Jr.
ood
am,

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REV/113666
66/35156138v.1

-3
3STIPULATIO AND ORD
ON
DER REGARD
DING CONDI
ITIONAL CE
ERTIFICATIO AND DIST
ON
TRIBUTION
OF JUDICIA NOTICE
AL