Li v. A Perfect Day Franchise, Inc

Filing 306

ORDER re 304 Notice (Other) filed by Fang Dai. Signed by Judge Lucy H. Koh on 12/22/2011. (lhklc2, COURT STAFF) (Filed on 12/22/2011)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

United States District Court
For the Northern District of California

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GUIFU LI, MENG WANG, FANG DAI, LIN )
CUI, and ZHONG YU, on behalf of themselves )
and all others similarly situated,
)
)
Plaintiffs,
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v.
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A PERFECT FRANCHISE, INC, a California )
Corporation, et al.,
)
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Defendants.
)

Case No.: 5:10-CV-01189-LHK

ORDER AMENDING THE CLASS
CERTIFICATION/COLLECTIVE
ACTION ORDER AND DIRECTING
NOTICE TO CLASS MEMBERS

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Pursuant to Federal Rule of Civil Procedure 23(c)(1)(B), and for the reasons set forth in the

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October 5, 2011 Order, the Court adopts Plaintiffs’ class definition and defines the California state

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law class action and the Fair Labor Standards Act (“FLSA”) Collective Action as follows:

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“All persons who have worked as massage therapists for A Perfect Day Inc. and/or A Perfect
Day Franchise Inc. d.b.a. A Perfect Day Spa at any time from March 22, 2006 through the date of
final judgment.”

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The Court further certifies that the following California state law claims: the overtime,
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minimum wage, wage statement, conversion of gratuities, and waiting time/UCL claims, are
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suitable for class-wide treatment. The Court also certifies the issue of whether the class members
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were properly classified as independent contractors. The Court facilitates a collective action for
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Plaintiffs’ FLSA overtime claim.
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Case No.: 10-CV-01189-LHK
ORDER AMENDING CLASS CERT ORDER/DIRECTING NOTICE TO CLASS MEMBERS

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The named Plaintiffs Guifu Li, Meng Wang, Fang Dai, Lin Cui, and Zhong Yu, will serve

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as the class representatives. The Court has considered the factors for appointing lead counsel

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pursuant to Federal Rule of Civil Procedure 23(g) and believes that the Sturdevant Law Firm and

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the law firm of Duckworth, Peters, Lebowitz Olivier can litigate this case competently. The Court,

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therefore APPOINTS the Sturdevant Law Firm and the law firm of Duckworth, Peters, Lebowitz

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Olivier, and Monique Olivier and James Sturdevant as lead counsel.

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The Court also adopts the parties’ revised class notice, filed at ECF No. 304. Plaintiffs

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shall send out the class notices by first class mail by January 4, 2012. All California opt-out

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responses and FLSA consent forms must be post-marked no later than March 7, 2012. Plaintiffs

United States District Court
For the Northern District of California

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shall file the consent forms and opt-out responses received by March 12, 2012.

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IT IS SO ORDERED.

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Dated: December 22, 2011

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_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 10-CV-01189-LHK
ORDER AMENDING CLASS CERT ORDER/DIRECTING NOTICE TO CLASS MEMBERS