Delgado v. MarketSource, Inc.,

Filing 41

STIPULATION AND ORDER re 40 Provision and Use of Putative Class Members' Contact Information. Signed by Magistrate Judge Virginia K. DeMarchi on 10/9/2018. (vkdlc2S, COURT STAFF) (Filed on 10/9/2018)

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Larry W. Lee (State Bar No. 228175)
Kristen M. Agnew (State Bar No. 247656)
Nick Rosenthal (State Bar No. 268297)
DIVERSITY LAW GROUP, P.C.
515 South Figueroa Street, Suite 1250
Los Angeles, California 90071
[phone]
[phone] facsimile

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William L. Marder (State Bar No. 170131)
Polaris Law Group LLP
501 San Benito Street, Suite 200
Hollister, California 95023
[phone]
[phone] facsimile

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Attorneys for Plaintiff and the Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA—SAN JOSE DIVISION

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RAY DELGADO, as an individual and on
behalf of all others similarly situated,

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Case No.: 17-cv-07370-LHK
ORDER RE

Plaintiffs,

STIPULATION RE: PROVISION AND
USE OF PUTATIVE CLASS MEMBERS’
CONTACT INFORMATION

vs.

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Re: Dkt. No. 40

MARKETSOURCE, INC., d/b/a
MARYLAND MARKETSOURCE, INC., a
Maryland corporation; and DOES 1 through
50, inclusive,

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Defendants.

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STIPULATION RE: PROVISION AND USE OF
PUTATIVE CLASS MEMBERS’ CONTACT INFORMATION

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Pursuant to the Court’s August 28, 2018 Order (Dkt. No. 29 at 6:4–11), the Parties have

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met and conferred regarding the process by which Plaintiff will obtain the contact information

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of putative class members.

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1.

The parties will make use of the Belaire-West notification process and have

agreed upon the language of such a notice.
2.

Defendant has already provided the contact information for putative class

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members to an agreed-upon third-party administrator to disseminate Belaire-West notice. This

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information was designated as CONFIDENTIAL and subject to the stipulated protective order.

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Dkt. No. 39 at 9:3–13.

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3.

To protect the confidentiality of putative class members’ contact information, the

parties have stipulated to, and this Court has entered, a protective order which provides:
Contact information and Employment Records for Putative Class
Members and Allegedly Aggrieved Employees Shall Be Used in
This Litigation Only and Are Prohibited from Use or Disclosure
Otherwise. Notwithstanding any other provisions herein, the
parties recognize that the private contact information and
employment records for some or all putative class members and
allegedly aggrieved employees will be produced during the
pendency of this litigation. None of the contact information or
employment records of putative class members shall be used for
any purpose outside of this litigation, and will not be disseminated
to any third party under any circumstances, except where agreed to
in writing by counsel for both parties or in accordance with the
procedures set forth in this Stipulated Protective Order for the
disclosure of documents and information designated as
“CONFIDENTIAL” to authorized persons under section 7.2, or as
required by law.

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Dkt. No. 39 at 9:3–13.

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DATED: October 8, 2018

EPSTEIN BECKER & GREEN, P.C.

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By:

/s/ Michael S. Kun
Michael S. Kun
Kevin D. Sullivan
Attorneys for Defendant
MARKETSOURCE, INC.

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STIPULATION RE: PROVISION AND USE OF
PUTATIVE CLASS MEMBERS’ CONTACT INFORMATION

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DATED: October 8, 2018

DIVERSITY LAW GROUP, P.C.

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By:

/s/ Larry W. Lee
Larry W. Lee
Kristen M. Agnew
Nicholas Rosenthal
Attorneys for Plaintiff
RAY DELGADO

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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October 9, 2018
DATED: ________________________

_____________________________________
Hon. Virginia K. DeMarchi
United States Magistrate Judge

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STIPULATION RE: PROVISION AND USE OF
PUTATIVE CLASS MEMBERS’ CONTACT INFORMATION