Risinger v. SOC LLC et al

Filing 201

ORDER granting ECF No. 198 Joint Motion for Approval of Class Notice; the notice shall be physically mailed to class members by 2/2/2018; and potential class members shall have 60 days to opt out of the class. Signed by Magistrate Judge Peggy A. Leen on 1/30/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KARL E. RISINGER, et al.,

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v.

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Case No. 2:12-cv-00063-MMD-PAL
Plaintiffs,
ORDER

SOC LLC, et al.,

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(Jt. Mot. for Approval of Class Notice &
Notice Plan – ECF No. 198)

Defendants.

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This matter is before the court on the parties Joint Motion for Approval of Class Notice

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and Notice (ECF No. 198) (“Joint Motion”). This Joint Motion is referred to the undersigned

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pursuant to 28 U.S.C. § 636(b)(1)(A) and LR IB 1-3 of the Local Rules of Practice.

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I.

BACKGROUND AND PROCEDURAL HISTORY

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This case involves a class action dispute over the terms of employment for armed guards

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hired to work in Iraq. In September 2015, United States District Court Judge Miranda M. Du

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granted in part and denied granted in part Defendant’s Motion for Summary Judgment, denied

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Plaintiff’s Motion for Partial Summary Judgment is, and granted Plaintiff’s Motion for Class

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Certification pursuant to Rule 23 of the Federal Rules of Civil Procedure.1 Order (ECF No. 155).

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The Ninth Circuit recently affirmed her decision. Sept. 1, 2017 Memorandum (ECF No. 165).

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Judge Du set the case for trial in January 2018. Defendants filed a Motion to Continue the

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Trial, Joint Pretrial Order Deadline, and to Reopen Discovery (ECF No. 182). Judge Du granted

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the portion of the motion regarding the trial, vacating the upcoming trial date. See Minute Order

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(ECF No. 187). She then referred the portion of the motion seeking to extend the joint pretrial

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deadline, adopt proposed schedule, and reopen discovery is referred to me Id. A trial date will be

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reset after the discovery issues are addressed. Id.

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All references to a “Rule” or the “Rules” refer to the Federal Rules of Civil Procedure.

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On December 21, 2017, the court held a hearing on the discovery and scheduling issues

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raised in defendants’ motion (ECF No. 182). See Mins. of Proceedings (ECF No. 190). The court

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heard the parties’ representations, shared its inclinations, and continued the proceedings to allow

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the parties to continue their discussions. Id. On December 29, 2017, the court held a second

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hearing during which it adopted the defendants’ position regarding the two contested issues in the

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class notice. See Mins. of Proceedings (ECF No. 191). The court further ruled that notice be given

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by January 5, 2018 as requested by the parties, with a 60-day opt out period. Id. The court also

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addressed the remaining discovery issues and case management schedule. Id.

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On January 5, 2018, the parties filed a Stipulation to Extend Deadline for Class Notice

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(ECF No. 192). The court granted this request. Order (ECF No. 197). The parties timely filed

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the Joint Motion asking the court to approve notice to the class in the form attached as exhibits to

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the motion.

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II.

DISCUSSION

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In class actions certified under Rule 23(b)(3), “the court shall direct to the members of the

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class the best notice practicable under the circumstances.” The notice must clearly and concisely

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state the following:

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(i) the nature of the action; (ii) the definition of the class certified; (iii) the class
claims, issues, or defenses; (iv) that a class member may enter an appearance
through an attorney if the member so desires; (v) that the court will exclude from
the class any member who requests exclusion; (vi) the time and manner for
requesting exclusion; and (vii) the binding effect of a class judgment on members
under Rule 23(c)(3).

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Fed. R. Civ. P. 23(c)(2)(B). Notice must be sent to “all members who can be identified through

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reasonable effort.” Id.

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Rule 23(c)(2)(B) requires “the best notice that is practicable under the circumstances.”

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Under this standard, courts retain considerable discretion to tailor notice to the relevant

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circumstances: “The determination of what efforts to identify and notify are reasonable under the

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circumstances of the case rests in the discretion of the judge before whom the class action is

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pending.” 3 Newberg on Class Actions § 8:2 (4th ed. 2007) (citation omitted). “When the names

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and addresses of most class members are known, notice by mail is usually preferred.” Id.; see also
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Manual for Complex Litig. § 21.311 (4th ed. 2004).

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Here, the parties propose notice to putative class members by: (1) an official website

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containing long-form notice and other litigation documents;2 (2) physical mail notice to mailing

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addresses of known potential class members; (3) email notice to e-mail addresses of known

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potential class members; (4) social media notice advertisements targeted to Facebook users with

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military and law enforcement “interests” on the Facebook social network; (5) short form notice as

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internet ads calculated to reach potential class members; and (6) a toll-free helpline available 24-

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hours a day, seven days a week to assist potential class members and allow them to leave a message

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to speak with a notice administrator. The court finds that the proposed notice clearly and concisely

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states the information required by Rule 23(c)(2)(B). The court finds that the parties have shown

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the methods proposed provide the best notice practicable under the circumstances of this case.

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Accordingly,

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IT IS ORDERED:

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1. The parties’ Joint Motion for Approval of Class Notice and Notice (ECF No. 198) is
GRANTED.

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2. The Notice shall be physically mailed to potential class members within two business

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days of the entry of this order, consistent with the parties’ post-class certification

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scheduling order.

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3. Potential class members shall have 60 days to opt out of the class.

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Dated this 30th day of January, 2018.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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The website is www.SOCGuardsClassAction.com.

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