Cardoza et al v. Bloomin' Brands, Inc. et al

Filing 197

ORDER Granting 194 Expedited Stipulation to Modify Notice of Collective Action and Consent-to-Join Forms. Signed by Judge Jennifer A. Dorsey on 2/17/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:13-cv-01820-JAD-NJK Document 194 Filed 02/13/15 Page 1 of 4

1 Don Springmeyer, Esq.
Nevada State Bar No. 1021
2 Justin C. Jones, Esq.
Nevada State Bar No. 8519
3 Bradley Schrager, Esq.
Nevada State Bar No. 10217
4 WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP
5 3556 E. Russell Road, 2nd Floor
Las Vegas, Nevada 89120-2234
6 Telephone: [phone]/Fax: [phone]
Email: [e-mail]
7 Email: [e-mail]
Email: [e-mail]
8 Attorneys for Plaintiffs (additional counsel
listed in signature block)
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

12 BROOKE CARDOZA, et al.,
CASE NO.: 2:13-cv-01820-JAD-NJK
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Plaintiffs,

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vs.

15 BLOOMIN’ BRANDS, INC., et al.,
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EXPEDITED STIPULATION AND
[PROPOSED] ORDER TO MODIFY
NOTICE OF COLLECTIVE ACTION
AND CONSENT-TO-JOIN FORMS

Defendants.

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Pursuant to LR 7-1, Plaintiffs and Defendants (collectively, the “parties”), through and by their

19 respective counsel, hereby jointly stipulate to modify the Notice of Collective Action and Consent-to20 Join forms previously approved by the Court. The proposed modified Notice of Collective Action form
21 is attached as Exhibit 1, and the proposed modified Consent-to-Join form is attached as Exhibit 2.
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The parties file this stipulation at Plaintiffs’ request in order to modify the current notice by

23 including the contact information for the third-party administrator that will furnish the Notice of
24 Collective Action and Consent-to-Join forms and receive and process the Consent-to-Join forms from
25 opt-in plaintiffs. The other minor modification to the notice includes an instruction for Spanish
26 speakers regarding how to obtain a Spanish-translated copy of the modified notice. The proposed
27 Spanish-translated copies of the modified Notice of Collective Action and the Consent-to-Join are
28 attached respectively as Exhibits 3 and 4. The voice recording script for Spanish speakers requesting

Case 2:13-cv-01820-JAD-NJK Document 194 Filed 02/13/15 Page 2 of 4

1 the Spanish-translated copy of the modified notice has been approved by the parties. Finally, the
2 modification to the Consent-to-Join form is solely for the third-party administrator to process returned
3 Consent-to-Join forms.
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In sum, the modifications are purely for administrative practicality and do not modify any

5 substantive aspect of the forms previously approved by the Court’s Order [ECF Doc. 151]. Plaintiffs
6 request expedited treatment of this stipulation and proposed order so that dissemination of the notice is
7 not delayed. Plaintiffs consulted with Defendants and the parties have adopted all of the proposed
8 changes.
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IT IS SO STIPULATED.

10 Dated: February 13, 2015

WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP

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By: /s/ Justin C. Jones
Don Springmeyer, Esq.
Justin C. Jones, Esq.
Bradley Schrager, Esq.
3556 E. Russell Road, Second Floor
Las Vegas, Nevada 89120

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JOHNSON BECKER, PLLC
Timothy J. Becker, Esq. (admitted pro hac)
Jacob Rusch, Esq. (admitted pro hac)
33 South Sixth Street, Suite 4530
Minneapolis, Minnesota 55402

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SOMMERS SCHWARTZ, P.C.
Jason J. Thompson, Esq. (admitted pro hac)
Jesse Young, Esq. (admitted pro hac)
2000 Town Center, Suite 900
Southfield, Michigan 48075

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Attorneys for Plaintiffs

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ORDER

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IT IS SO ORDERED.
Dated: February 17, 2015.
Dated: February 17, 2015.

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______________________________
UNITED STATES DISTRICT JUDGE

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Case 2:13-cv-01820-JAD-NJK Document 194 Filed 02/13/15 Page 3 of 4

1 Dated: February 13, 2015
2

GIBSON, DUNN & CRUTCHER LLP
By: /s/ Jesse A. Cripps
Theodore J. Boutrous, Jr., Esq.
Catherine A. Conway, Esq.
Jesse A. Cripps, Esq.
333 South Grand Avenue
Los Angeles, CA 90071-3197

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Attorneys for Defendants Bloomin’ Brands,
Inc.; OSI Restaurant Partners, LLC; Outback
Steakhouse of Florida, LLC; OS Restaurant
Services, LLC

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ORDER

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IT IS SO ORDERED.

11 Dated: _______________
12

________________________________________
UNITED STATES DISTRICT COURT JUDGE

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