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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1 2 3 4 5 MOLLIE M. BURKS (SBN 222112) mburks@gordonrees.com SARA A. MOORE (SBN 294255) smoore@gordonrees.com GORDON & REES SCULLY MANSUKHANI LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 986-5900 Facsimile: (415) 986-8054 6 7 8 9 10 11 12 13 14 Attorneys for Defendant REVEL SYSTEMS, INC. Matthew C. Helland, CA State Bar No. 250451 helland@nka.com Daniel S. Brome, CA State Bar No. 278915 dbrome@nka.com NICHOLS KASTER, LLP 235 Montgomery St., Suite 810 San Francisco, CA 94104 Telephone: (415) 277-7235 Facsimile: (415) 277-7238 Attorneys for PLAINTIFF and those similarly situated 15 UNITED STATE DISTRICT COURT 16 17 18 NORTHERN DISTRICT OF CALIFORNIA - OAKLAND JOSEPH BISACCIA, individually and on behalf of all others similarly situated, 19 Plaintiffs, 20 21 22 23 24 vs. REVEL SYSTEMS, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 17-cv-02533-HSG STIPULATION AND ORDER REGARDING CONDITIONAL CERTIFICATION AND DISTRIBUTION OF JUDICIAL NOTICE Complaint Filed: May 3, 2017 25 26 27 28 -1STIPULATION AND ORDER REGARDING CONDITIONAL CERTIFICATION AND DISTRIBUTION MAST OF JUDICIAL NOTICE – Case No. 17-cv-02533-HSG 1 2 The parties to the above-entitled action jointly submit this Stipulation for Conditional Certification and Distribution of Judicial Notice. 3 4 WHEREAS Plaintiff’s Motion for Conditional Certification (“Motion”) is set for hearing on October 5, 2017 at 2 p.m. 5 WHEREAS, the parties have agreed to mediate this case in January 2018. 6 WHEREAS, in the interest of efficiency and judicial economy, the parties have agreed 7 that conditional certification shall be granted for the following collective: 8 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. 9 10 Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 11 WHEREAS, the parties have further agreed to the manner of distribution of judicial 12 13 notice. NOW THEREFORE, for good and sufficient consideration, the receipt of which is 14 15 hereby acknowledged, Plaintiff and Defendant STIPULATE and AGREE as follows: 16  The agreed Notice and Consent form are attached hereto as Exhibit A. 17  Notice will be distributed by an administrator, to be selected by agreement of the parties 18 within 7 days from the date of this order, and paid for by Defendant. The administrator 19 will provide any consent forms it receives to Plaintiffs’ Counsel as soon as possible, and 20 at least by 3:00 p.m. Pacific on the day the consent form is received. The settlement 21 administrator will perform a skip trace on any undeliverable mail. 22  tolling agreement until the date that the administrator mails notice. 23 24  27 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. 25 26 The Parties have previously executed a limited tolling agreement, and agree to extend this  Notice will be distributed by mail and email, with a reminder postcard containing the same substance as the initial notice. 28 -2STIPULATION AND ORDER REGARDING CONDITIONAL CERTIFICATION AND DISTRIBUTION OF JUDICIAL NOTICE 1 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 7 2 at 2 p.m., sho t ould be taken off calenda n ar. 3 IT IS SO ST I TIPULATE AND AGREED. ED A 4 Dated: Octo D ober 5, 2017 GORDON & REES SCULLY M MANSUKH HANI LLP 5 6 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. 7 8 9 10 NICHOLS KASTER L LLP Dated: Octo D ober 5, 2017 Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 11 By: /s/ D Daniel S. Bro ome MAT TTHEW C. H HELLAND DAN NIEL S. BRO OME Attorneys f PLAINTIFF for 12 13 14 ORDER 15 16 PURSUANT TO STIPU ULATION, IT IS SO O I ORDERED. The Court conditionall certifies a ly 17 co ollective of: 18 nside sales employees (including Sales De s g evelopment Representa atives, All in 19 Assoc ciate Sales Executives, Junior Sale Executiv es ves, Sales E Executives, Sales 20 Assoc ciates, Accou Executiv Enterpr unt ves, rise Sales Ex xecutives, o other posi or itions 21 with similar job ti s itles and/or duties) (“Ins side Sales R Representativ ve”) who wo or ork 22 have worked for Revel since May 4, 2014 w R M 4. 23 Judici Notice sh be distrib ial hall buted in the manner set o above. T hearing o Plaintiff’s out The on 24 Motion for Conditional Certification, which is set for Octobe 5, 2017 at 2 p.m., is of calendar. M C t er ff 25 26 27 DATED: Oct D tober 5, 2017 7 _ __________ ___________ __________ _________ H Hon. Haywo S. Gillia Jr. ood am, 28 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

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