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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JORDAN CHALMERS,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 22-cv-08863-HSG
ORDER AS MODIFIED
AUTHORIZING DISTRIBUTION OF
JUDICIAL NOTICE
Dkt. No. 68

DSSV, INC.,
Defendant.

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This matter came before the Court on February 1, 2024 on Plaintiff’s Motion for

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Distribution of Judicial Notice under the Fair Labor Standards Act (“FLSA”). Dkt. No. 68.

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Having reviewed the submissions and good cause appearing therefore, the Court AUTHORIZES

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the distribution of judicial notice as described in this order.

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Defendant does not dispute that the Named Plaintiff and Opt-in Plaintiffs and the current

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and former employees they seek to represent are “similarly situated.” Thus, Plaintiff will

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promptly send notice to these individuals, giving them notice of the lawsuit and the opportunity to

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join. The proposed notices, which include mail notice, email notice, text message notice, and a

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second notice by text, are approved. (See Notices, Dkt. Nos. 80-1 [Mail Notice], 80-2 [Email

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Notice], 80-3 [Text Message Notice], 80-4 [Text Message Second Notice]). The Court also

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approves the inclusion of a QR code (in the mail notice) and a weblink (in the email and text

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notices) for individuals to submit consent forms electronically, as the QR code and weblink route

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to an online version of the consent form. (Id.)

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Within 14 days of this Order, Defendant DSSV, Inc. d/b/a Brightwheel, shall provide the

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third-party administrator with a list (in Excel or similar format) of all persons who worked for

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Defendant as Sales Development Representatives, Inside Sales Representatives, and/or Account

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Executives at any time during the past three years. This list should include each person’s (1)

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name, (2) address, (3) cell phone number, and (4) personal email address. The Court authorizes a

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60-day period for individuals to submit their consent to join forms, from the day the first notice is

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distributed. The second notice shall be disseminated 30 days thereafter.

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statement on the docket informing the Court of that development so that it can schedule a case

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management conference with the parties.

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This order TERMINATES Dkt. No. 68.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

Once the notice distribution process is complete, Plaintiff is DIRECTED to file a

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Dated: February 7, 2024
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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