Chalmers v. DSSV, Inc.,

Filing 81

ORDER AS MODIFIED AUTHORIZING DISTRIBUTION OF JUDICIAL NOTICE. **This Order TERMINATES Docket No. 68 .** Signed by Judge Haywood S. Gilliam, Jr. on 2/7/2024. (ndr, COURT STAFF) (Filed on 2/7/2024) Modified on 2/7/2024 to correct spacing (ndr, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JORDAN CHALMERS, Plaintiff, 8 9 10 United States District Court Northern District of California 11 v. Case No. 22-cv-08863-HSG ORDER AS MODIFIED AUTHORIZING DISTRIBUTION OF JUDICIAL NOTICE Dkt. No. 68 DSSV, INC., Defendant. 12 13 This matter came before the Court on February 1, 2024 on Plaintiff’s Motion for 14 Distribution of Judicial Notice under the Fair Labor Standards Act (“FLSA”). Dkt. No. 68. 15 Having reviewed the submissions and good cause appearing therefore, the Court AUTHORIZES 16 the distribution of judicial notice as described in this order. 17 Defendant does not dispute that the Named Plaintiff and Opt-in Plaintiffs and the current 18 and former employees they seek to represent are “similarly situated.” Thus, Plaintiff will 19 promptly send notice to these individuals, giving them notice of the lawsuit and the opportunity to 20 join. The proposed notices, which include mail notice, email notice, text message notice, and a 21 second notice by text, are approved. (See Notices, Dkt. Nos. 80-1 [Mail Notice], 80-2 [Email 22 Notice], 80-3 [Text Message Notice], 80-4 [Text Message Second Notice]). The Court also 23 approves the inclusion of a QR code (in the mail notice) and a weblink (in the email and text 24 notices) for individuals to submit consent forms electronically, as the QR code and weblink route 25 to an online version of the consent form. (Id.) 26 Within 14 days of this Order, Defendant DSSV, Inc. d/b/a Brightwheel, shall provide the 27 third-party administrator with a list (in Excel or similar format) of all persons who worked for 28 Defendant as Sales Development Representatives, Inside Sales Representatives, and/or Account 1 Executives at any time during the past three years. This list should include each person’s (1) 2 name, (2) address, (3) cell phone number, and (4) personal email address. The Court authorizes a 3 60-day period for individuals to submit their consent to join forms, from the day the first notice is 4 distributed. The second notice shall be disseminated 30 days thereafter. 5 6 statement on the docket informing the Court of that development so that it can schedule a case 7 management conference with the parties. 8 This order TERMINATES Dkt. No. 68. 9 IT IS SO ORDERED. 10 11 United States District Court Northern District of California Once the notice distribution process is complete, Plaintiff is DIRECTED to file a 12 Dated: February 7, 2024 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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