Vega v. DNC Parks & Resorts at Asilomar, Inc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID PEREZ, et al., Case No. 1:19-cv-00484-ADA-SAB 12 Plaintiffs, ORDER ENTERING STIPULATION 13 APPROVING BELAIRE-WEST OPT-OUT v. NOTICE 14 DNC PARKS & RESORTS AT ASILOMAR, (ECF No. 76) 15 INC., et al., 16 Defendants. 17 18 On October 13, 2022, in light of a discovery dispute concerning the disclosure of contact 19 information of putative class and representative action members, the parties filed a stipulation 20 agreeing to a Belaire-West Opt-Out Notice to be mailed to the putative class and representative 21 action members prior to the disclosure of their identities and confidential contact information, so 22 that they shall have the opportunity to opt-out of having this information disclosed to Plaintiffs’ 23 counsel. (ECF No. 76.) The Court finds good cause to grant the request given the agreement of 24 the parties. 25 Accordingly, pursuant to the stipulation of the parties, and good cause appearing, IT IS 26 HEREBY ORDERED that: 27 1. The stipulation filed October 13, 2022 (ECF No. 76) is APPROVED; 2. The form of Notice and Opt-Out Postcard attached to the stipulation as Exhibit A 1 is approved for distribution to the putative class members consistent with Belaire- 2 West Landscape, Inc. v. Superior Court, 149 Cal.App.4th 554 (2007); 3 3. Defendants will produce an Employee List to a neutral third party administrator 4 within 5 court days of the entry of this Order. The Employee List will contain the 5 full names, home addresses, and telephone numbers in Defendants’ Human 6 Resources database, if any, for all employees employed by Defendants in non- 7 exempt job positions in the State of California at any time between February 28, 8 2015 and the present; 9 4. Within 10 days of receiving the Employee List, the neutral third party 10 administrator CPT Group, Inc. shall mail the Belaire-West Opt-Out Notice to the 11 individuals on the Employee List, along with a pre-paid postcard, to inform them 12 of their right to opt-out of disclosing their identities and confidential contact 13 information to Plaintiff’s counsel, using the notice attached hereto as Exhibit A; 14 5. The putative class and representative action members will have 30 days from the 15 date of mailing to postmark the opt-out postcards; 16 6. The names, home addresses, and telephone numbers of the class and 17 representative action members who timely opt-out pursuant to the above- 18 described notice will not be produced to Plaintiff’s counsel. The remaining 19 putative class and representative action members’ names, home addresses, and 20 telephone numbers shall be produced to Plaintiff’s counsel within 10 days of the 21 expiration of the Belaire-West Opt-Out period; 22 7. Plaintiff and her counsel will keep confidential all information produced, and 23 shall not use the information for any other purpose other than to contact and 24 discuss with putative class and representative action members facts pertinent to 25 the Plaintiff’s lawsuit. The names and contact information will not be used to 26 discover or solicit potential plaintiffs for other class or individual lawsuits against 27 Defendants; and 1 incurred in order to comply with the terms of this Order shall be borne by the 2 Parties equally. 3 4 IT IS SO ORDERED. FA. ee 5 Dated: _ October 13, 2022 ‘ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28