Beltran v. Noonan et al

Filing 1057

ORDER granting 1011 Motion for Order: Order on Rule 23 Notification Plan. By Judge Christine M. Arguello on 05/01/2018. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 14-cv-03074-CMA-CBS
JOHANA PAOLA BELTRAN,
LUSAPHO HLATSHANENI,
BEAUDETTE DEETLEFS,
ALEXANDRA IVETTE GONZALEZ,
JULIANE HARNING,
NICOLE MAPLEDORAM,
LAURA MEJIA JIMENEZ,
SARAH CAROLINE AZUELA RASCON,
CAMILA GABRIELA PEREZ REYES,
CATHY CARAMELO, and
LINDA ELIZABETH,
Plaintiffs,
v.
INTEREXCHANGE, INC.,
USAUPAIR, INC.,
GREATAUPAIR, LLC,
EXPERT GROUP INTERNATIONAL INC., d/b/a Expert AuPair,
EURAUPAIR INTERCULTURAL CHILD CARE PROGRAMS,
CULTURAL HOMESTAY INTERNATIONAL,
CULTURAL CARE, INC., d/b/a Cultural Care Au Pair,
AUPAIRCARE INC.,
AU PAIR INTERNATIONAL, INC.,
APF GLOBAL EXCHANGE, NFP, d/b/a/ Aupair Foundation,
AMERICAN INSTITUTE FOR FOREIGN STUDY, d/b/a Au Pair in America,
AMERICAN CULTURAL EXCHANGE, LLC, d/b/a GoAuPair,
AGENT AU PAIR,
A.P.E.X. AMERICAN PROFESSIONAL EXCHANGE, LLC, d/b/a ProAuPair,
20/20 CARE EXCHANGE, INC., d/b/a The International Au Pair Exchange,
ASSOCIATES IN CULTURAL EXCHANGE, d/b/a GoAuPair, and
GOAUPAIR OPERATIONS, LLC, d/b/a GoAuPair,
Defendants.

ORDER ON RULE 23 NOTIFICATION PLAN
This matter is before the Court on all parties’ Joint Report Regarding Proposed
Rule 23 Notification Plan (Doc. # 1011), in which the parties request that the Court enter
their proposed Rule 23 Notification Plan (Doc. ## 1011-1–1011-3). The Court finds that
the form and content of the notice program described therein, and the methods set forth
of providing notice to the classes, meet the requirements of Federal Rule of Civil
Procedure 23 and other applicable laws and rules, are the best notice practicable under
the circumstances, and shall constitute due, adequate, and sufficient notice to all
persons entitled thereto. The Court therefore APPROVES the parties’ Rule 23
Notification Plan and the proposed notice. It is
FURTHER ORDERED that the parties’ Joint Motion for such an order (Doc.
# 1011) is GRANTED. It is
FURTHER ORDERED that JND Legal Administration shall communicate with the
classes, consistent with the Joint Report, with an email to the classes that includes the
Class Notice, a link to the class website, and a link to the exclusion request form. The
email shall use the language proposed in the Joint Report, Exhibit A, Paragraph V.
(Doc. # 1011-1 at 2–3.) It is
FURTHER ORDERED that for class members who Plaintiffs cannot successfully
email, JND Legal Administration shall text them with the language proposed in the Joint
Report, Exhibit A, Paragraph VI. (Id. at 3.) It is

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FURTHER ORDERED that members of the classes shall have ninety (90) days
from the date that class notice is sent to opt out, by submitting a fully-completed Au Pair
Class Action Exclusion Request Form.

DATED: May 1, 2018

BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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