Yousif v. The Venetian Casino Resort, LLC et al

Filing 109

ORDER Approving FLSA Notice. Signed by Judge Richard F. Boulware, II on 9/24/2018. (Copies have been distributed pursuant to the NEF - MR)

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail] www.thiermanbuck.com

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Mark R. Thierman, Nev. Bar No. 8285
Joshua D. Buck, Nev. Bar No. 12187
Leah L. Jones, Nev. Bar No. 13161
THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
Tel. [phone]
Fax. [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs MUSTAFA YOUSIF
and SHARONE WALKER on behalf of themselves
and all others similarly situated

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MUSTAFA YOUSIF and SHARONE
WALKER on behalf of themselves and all
others similarly situated,

vs.

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[PROPOSED] ORDER APPROVING
FLSA NOTICE

Plaintiffs,

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Case No.: 2:16-cv-02941-RFB-NJK

THE VENETIAN CASINO RESORT, LLC;
LAS VEGAS SANDS, CORP. and DOES 1
through 50, inclusive,

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Defendants.

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The Court Orders as follows:

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1.

The Court adopts the attached Notice and Consent to Join form for use in this

2.

Notice of this lawsuit will be sent to all current and former employees of

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case.

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Defendants who worked as non-exempt employees, employed as housekeepers at any time
during the relevant time period.
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3.

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If it has not already done so, within fourteen (14) days of the date of this Order,

Defendants will provide to Plaintiffs’ counsel a list in computer-readable format of the (a) full
name; (b) current home address or last known address; (c) telephone number; (d) email

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address; and (e) Social Security number of each person who falls in the definition set forth in

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paragraph two (2) of this Order. Plaintiffs’ counsel will treat this information as confidential

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and will not disclose it to third parties.
4.

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Within twenty-one (21) days of the date of this Order, Plaintiffs’ counsel, or a

claims administration company that Plaintiffs’ counsel selects to process the mailing and opt-

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in forms, (hereinafter collectively referred to as “Claims Administrator”) shall translate the

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Notice and Consent to Join form into Spanish, and then shall mail a Notice, a Consent to Join

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form, and a postage pre-paid return envelope, to each person identified on the list discussed in

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Paragraph 3 of this Order.

THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail] www.thiermanbuck.com

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5.

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The Claims Administrator shall establish a website repository containing

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printer-friendly versions of the Class Notices and Consent to Join forms, any other documents

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the parties wish to make available, and contact information for the notice administrator and

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Plaintiff's counsel, including a Consent to Join form that may be completed online, so long as

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the online form provides a means by which the individual signifies his or her assent to the

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statements listed on the form comparable to signature, such as by checking a box on a web

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page.

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6.

Plaintiffs may commence a social media campaign on websites geared to reach

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the target audience directly and provide putative class members with the contact information

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for the notice administrator and Plaintiffs’ counsel as well as the website containing the

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electronic Notice and Consent to Join forms.

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7.

Any person who wishes to opt in to this lawsuit must properly complete the

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Consent to Join form and return it to Plaintiffs’ counsel via hard copy by U.S. Mail or through

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a Web form.

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8.

If any notice package is returned undeliverable, the Claims Administrator will,

within fourteen (14) days thereafter, use the Social Security number provided by Defendants
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and attempt to obtain an alternative address for that addressee and mail the notice package to
that alternate address. The Claims Administrator will keep record of: (a) the date on which
any notice package is returned undeliverable; (b) the date on which the undeliverable notice
package is sent to an alternate address; and (c) any updated addresses.
9.

Plaintiffs’ counsel will date-stamp and number each properly completed

Consent to Join form and accompanying envelope (if any) that is sent to them. Plaintiffs’

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Counsel will send a copy of the Consent to Join forms it receives to counsel for Defendants on

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail] www.thiermanbuck.com

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each Friday after the initial mailing.

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10.

Plaintiffs’ counsel will file the list of the people who timely returned Consent

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to Join forms identified above with the Court within thirty days after receipt, or earlier.

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Plaintiffs’ counsel will retain a copy of the list and the envelope in which the Consent to Join

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forms were received.

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IT IS SO ORDERED.

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Dated: September 24, 2018.
________________

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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-3ORDER APPROVING FLSA NOTICE