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. Case Mana g ementOrder r
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2090858
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
COMPLEX CIVIL LITIGATION
In re MOBILEONE WAGE AND Judicial Council Coordination
HOUR CASES, Proceedings No. JCCP 5039
Coordination Proceeding COORDINATION CASE
Special Title (CRC Rule. 3.550)
’r’
MANAGEMENT ORDER #3
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Consistent with the Stipulation of counsel for the parties as stated on the record at
the Case Management Conference held on September 19, 2019, and set forth in their
Joint Case Management Conference Statement filed September 13, 201?,
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IT IS HEREBY ORDERED as follows:
1. Counsel for the parties stipulated to sending a Belaire Notice to all
putative class members, rather than a sampling, of approximately 1300 people.
Defendant shall prepare a mailing list (name and culirent/last knowh address) of all
putative class members (“Mailing List”). Defendant shall compile a listflof the name,
current or last known home address, and current or lastknown personal telephone
number of these same people (“Contact List”). The contact information contained in
Mailing List and Contact List is hereby deemed “Confidential”. Counsel for the parties
shall meet and confer, and present directly to Department 2 a stipulation and proposed
'
1
Confidentiality Order for this coordinated proceeding with 10 days. Counsel are
encouraged f0 consider the- sample confidentiality orders on the Court’s website under the
tab for Complex Civil.
2. Counsel for the parties have agreed to appointment of Phoenix Settlement
Administrators as the Neutral to handle the mailing of the Belaz're Notice and the
responses thereto and the disclosure of the information. The parties agreed to share the
f
cost equally 50%/50% per side).
3. Defendant shall submit Mailing List and. Contact List to the Neutral on or
before October 31, 2‘019, along with a copy of this CMC Order #3. The Neutral shall
inform counsel 'for Plaintiffs and for Defendant if the Mailing List fails to contain any
contact address for a particular person.
4. On or before November 12, 2019, the Neutral shall mail by first class
mail the Belaz're Notice attached hereto as Exhibit A (with the blanks filled in) on
letterhead of the Neutral, to every person listed on the Mailing List.
5. On or before November 18, 2019, the Neutral shall~fi1e and serve (on
counsel for all parties and Department 2), a Declaration under penalty of perjury stating
the number of persons on the Mailing List, the number of persons on the Contact List, the
number of persons who were served the Notice by first class mail, as well as the date(s)
of serving. the Notice, along with a true and correct copy of the Notice actually sent Out.
The Neutral shall take care to keep CONFIDENTIAL the names and contact information
on the Mailing List and the Contact List, and should NOT disclose such information in
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the Declaration.
6. Any written objections are t0 be returned by the person to the Neutral
directly and only. Any and all obj ections must be in Writing, sent to the Neutral and
2
postmarked on or before December 12, 2019. Objections postmarked and received
fx
I
thereafter shall not be considered valid.
7. On or before December 20, 2019, the Neutral shall file and serve counsel
for all praties a copy ofthe obj ecti(onS timely returned, with the names afid identifying
information redacted. On 0r before December 20, 2019, the Neutral shall mail, but not
file or serve, directly to Department 2 of this Court an unredacted copy of the objections
and an unredacted copy of the Contact List, Which the court Will then place under seal.
8. On or before Decembe; 20, 2019, the Neutral shall provide to counsel for
aallparties thé Contact List information for all (and only) persons on the Mailing List
'
Who did not timely submit an objection by the deadline of December i2, 2019.
9. The parties through their attbrneys, including paralégals .and investigators,
shall only make an initial contact with the people on the disclosed (partial) contact List
(after its disclosure by the Neutral and after the opportunity to object) only_ by telephone
or mail. The telephone contact with thése persons shall be at a reasonable time after 8:30
,
a.m. and Before 9:00 p.m. The persons on the disclosed Contact List shall not be
contacted in person except to serve a deposition subpoena or unless the person
affirmativeiy consents previously.
10. In regard to afiy and allobjectiofis timely received by the neutral,
Plaintiffs’ Counsel shall inform the Court and counsel for Defendant on or before
January 3, 2020, as to whether Plaintiffs will be contesting those object‘ions, or not. If
So, the Coyrt Will set and hold a hearing on the validity of the objections, and a
determination by the Court as to whether the Plaintiffs’ right to discovery and the interest
of the State and the public outweighs the individual person’s right to privacy and
bojections to the disclosure of the contact information. .The_ objecting person shall
3
receive written notice of that hearing provided by the Neutral and have an opportunity to
be heard by the Court. The Court will also provide an opportunity for counsel to argue
the merits of the objection, and will issue an order granting or denying disclosure of the
contact information to Plaintiffs and her attornéys subj ect to the Confidentiality Order.
11. Mailing List and Contact List, and the names and information contained
therein (to which the person has not timely objected to disclosure) shall be
CONFIDENTIAL, and provided only to (i) the Neutral, (ii)the Court; and (iii)the
attorneys representing the parties, agents and any investigators employed by the attorneys
on behalf of the parties. The names and contact information will not be provided to
the parties themselves at this time. Each party, their agents and attorneys and the
Neutral shll maintain the confidentiality of all identity and contact information disclosed
and are prohibited from disseminating the confidential information to the parties or to
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~their parties, until fiu'ther order of the Court.
12. Counsel for the parties are responsible for providing this order to the
Neutral and for compliance with this Order by the Neutral.
DATED: October 18 2019
HON. MARIE" s. WEINER
COORDINATION TRIAL JUDGE
NOTICE TO PRESENT AND FORMER NON—EXEMPT EMPLOYEES AND
MANAGERS OF MOBILEONE LLC
Wage and Hour Cases,
'
Re: In re MobileOne San Mateo County Superior Court,
Judicial CounCil Coordination Proceedings, JCCP 5039
Dear Present or Former Employee of MobileOne LLC:
This Notice contains important‘information about your privacy rights in
connection with the lawsuit referenced above.
.
Two class action lawsuits were filed against MobileOne LLC (the “Company”),
one by Kiki Chess in the San Mateo County Superior Court and the second one by
Vivian Ly in Sacramento County Superior Court (collectively “Plaintiffs”). The lawsuits
have been coordinated into one single proceeding, collectively known as the In re
MobileOne Wage and Hour Cases. These are not lawsuits against you, and you are
not being sued. Plaintiffs filed these putative class actions on behalf of themselves
and all other similarly situated individuals, including those who are working or have
worked as a non-exempt employee or manager for the Company in the State of
California at any time since May 30, 2014 to the Present.
Plaintiffs, who formerly worked for the Company, allege in the coordinated
lawsuit that the Company violated California law by (1) failing to provide meal periods,
(2) failing to providerest breaks, (3) failing to pay hourly wages, (4) failing to pay
vacation wages, (5) failing to pay sick time, (6) failing to reimburse employees for
necessary business expenses, (7) failing to provide its employees with accurate,
itemized wage statements, (8) failing to timely pay all final wages, (9) taking unlawful
deductions, and (10) engaging in unfair business practices. Plaintiffs seeks recovery of
unpaid wages, civil penalties, and statutory penalties, including PAGA penalties under
Labor Code Section 2699. The Company denies all of these allegations. The Company
maintains that Plaintiffs and all of the Company’s employees were properly
compensated and provided breaks in conformity with California law. The Court has not
made any determination as to the merits of Plaintiffs’ claims, and has not decided
whether the case will p’roceed as a class action.
According to the Company’s records, you ”are currently employed or previously
worked for the Company at some time since May 30, 2014, as a non-exempt employee
or manager. Plaintiffs, through their attorneys or investigators, are seeking to collect
evidence regarding these alleged violations and interview potential witnesses in this
case, and have requested your contact information. The purpose of this Notice is to
inform you that you have the right to object to the disclosure to the Plaintiffs and their
attorneys of any of your contact information, which consists only of your name,
residence address, and telephone number. Plaintiffs’ attorneys or their investigators will
not contact you in person (without your prior permission); any initialcontact will be made
only by mail or telephone between 8:30 a.m. and 9:00 p.m.
EXi-HélT A
Please be advised that your identifying information will remain confidential and
sealed pursuant to a court order, regardless of whether you speak to an attorney or
investigator. Your name and contact information will not be provided to Plaintiffs
personally. The Company will not retaliate against you in any way for any reason
regarding this lawsuit, this Notice, or your response.
If you do not object to your contact information being released to the parties’
attorneys and their investigators, you do not have to do anything.
lfyou do Object to the disclosure of any of your contact information to Plaintiffs’
attorneys or investigators, then you must submit a written objection stating your reasons
for your objection, in the space provided below. Please print your name, sign and date
the objection, and return itby first class mail to Phoenix Settlement Administrators at
[addressl (who is 'acourt-appointed Neutral). Your written objection must be
.
postmarked no later than Décember 12, 2019 to be considered valid. If your objection
is contested by Plaintiffs’ attorneys, the Superior Court will consider and rule on any
objection you made at a hearing, of which you will be notified and can appear and be
given an opportunity to be heard. If your objection is not contested, no hearing is
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needed.
THIS IS NOT A COMMUNICATION BY THE COURT, AND IT IS NOT AN
EXPRESSION OF ANY OPINION BY THE COURT AS TO THE MERITS OF THE
CLAIMS OR DEFENSES MADE BY EITHER SIDE IN THIS LAWSUIT. PLEASE DO
NOT CONTACT THE COURT DIRECTLY ABOUT THIS NOTICE.
Objection to Disclosure: | object to the disclosure of my personal contact
information, in the case of In re MobileOne Wage and Hour Cases, JCCP 5039, for the
following reasons:
Date: ,
201 9
Printed Name Signature
Preview
f I FILED SAN MATEOggllNJY OCT 2_ _1 ZDJQ‘ 7 W nw_—_A— W " Clerkon’ _"fl V ' "J_cc}ArI159 6M0 "‘_By_ I " ‘ . Case Mana g ementOrder r I» 2090858 ‘_ m ,,_____ DEPUWCLERK \____ 7 __. __— ||H|||||||||||||I||||Hl|\| T_ _._ _- SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO COMPLEX CIVIL LITIGATION In re MOBILEONE WAGE AND Judicial Council Coordination HOUR CASES, Proceedings No. JCCP 5039 Coordination Proceeding COORDINATION CASE Special Title (CRC Rule. 3.550) ’r’ MANAGEMENT ORDER #3 l / Consistent with the Stipulation of counsel for the parties as stated on the record at the Case Management Conference held on September 19, 2019, and set forth in their Joint Case Management Conference Statement filed September 13, 201?, I IT IS HEREBY ORDERED as follows: 1. Counsel for the parties stipulated to sending a Belaire Notice to all putative class members, rather than a sampling, of approximately 1300 people. Defendant shall prepare a mailing list (name and culirent/last knowh address) of all putative class members (“Mailing List”). Defendant shall compile a listflof the name, current or last known home address, and current or lastknown personal telephone number of these same people (“Contact List”). The contact information contained in Mailing List and Contact List is hereby deemed “Confidential”. Counsel for the parties shall meet and confer, and present directly to Department 2 a stipulation and proposed ' 1 Confidentiality Order for this coordinated proceeding with 10 days. Counsel are encouraged f0 consider the- sample confidentiality orders on the Court’s website under the tab for Complex Civil. 2. Counsel for the parties have agreed to appointment of Phoenix Settlement Administrators as the Neutral to handle the mailing of the Belaz're Notice and the responses thereto and the disclosure of the information. The parties agreed to share the f cost equally 50%/50% per side). 3. Defendant shall submit Mailing List and. Contact List to the Neutral on or before October 31, 2‘019, along with a copy of this CMC Order #3. The Neutral shall inform counsel 'for Plaintiffs and for Defendant if the Mailing List fails to contain any contact address for a particular person. 4. On or before November 12, 2019, the Neutral shall mail by first class mail the Belaz're Notice attached hereto as Exhibit A (with the blanks filled in) on letterhead of the Neutral, to every person listed on the Mailing List. 5. On or before November 18, 2019, the Neutral shall~fi1e and serve (on counsel for all parties and Department 2), a Declaration under penalty of perjury stating the number of persons on the Mailing List, the number of persons on the Contact List, the number of persons who were served the Notice by first class mail, as well as the date(s) of serving. the Notice, along with a true and correct copy of the Notice actually sent Out. The Neutral shall take care to keep CONFIDENTIAL the names and contact information on the Mailing List and the Contact List, and should NOT disclose such information in ‘ the Declaration. 6. Any written objections are t0 be returned by the person to the Neutral directly and only. Any and all obj ections must be in Writing, sent to the Neutral and 2 postmarked on or before December 12, 2019. Objections postmarked and received fx I thereafter shall not be considered valid. 7. On or before December 20, 2019, the Neutral shall file and serve counsel for all praties a copy ofthe obj ecti(onS timely returned, with the names afid identifying information redacted. On 0r before December 20, 2019, the Neutral shall mail, but not file or serve, directly to Department 2 of this Court an unredacted copy of the objections and an unredacted copy of the Contact List, Which the court Will then place under seal. 8. On or before Decembe; 20, 2019, the Neutral shall provide to counsel for aallparties thé Contact List information for all (and only) persons on the Mailing List ' Who did not timely submit an objection by the deadline of December i2, 2019. 9. The parties through their attbrneys, including paralégals .and investigators, shall only make an initial contact with the people on the disclosed (partial) contact List (after its disclosure by the Neutral and after the opportunity to object) only_ by telephone or mail. The telephone contact with thése persons shall be at a reasonable time after 8:30 , a.m. and Before 9:00 p.m. The persons on the disclosed Contact List shall not be contacted in person except to serve a deposition subpoena or unless the person affirmativeiy consents previously. 10. In regard to afiy and allobjectiofis timely received by the neutral, Plaintiffs’ Counsel shall inform the Court and counsel for Defendant on or before January 3, 2020, as to whether Plaintiffs will be contesting those object‘ions, or not. If So, the Coyrt Will set and hold a hearing on the validity of the objections, and a determination by the Court as to whether the Plaintiffs’ right to discovery and the interest of the State and the public outweighs the individual person’s right to privacy and bojections to the disclosure of the contact information. .The_ objecting person shall 3 receive written notice of that hearing provided by the Neutral and have an opportunity to be heard by the Court. The Court will also provide an opportunity for counsel to argue the merits of the objection, and will issue an order granting or denying disclosure of the contact information to Plaintiffs and her attornéys subj ect to the Confidentiality Order. 11. Mailing List and Contact List, and the names and information contained therein (to which the person has not timely objected to disclosure) shall be CONFIDENTIAL, and provided only to (i) the Neutral, (ii)the Court; and (iii)the attorneys representing the parties, agents and any investigators employed by the attorneys on behalf of the parties. The names and contact information will not be provided to the parties themselves at this time. Each party, their agents and attorneys and the Neutral shll maintain the confidentiality of all identity and contact information disclosed and are prohibited from disseminating the confidential information to the parties or to ‘ W ~their parties, until fiu'ther order of the Court. 12. Counsel for the parties are responsible for providing this order to the Neutral and for compliance with this Order by the Neutral. DATED: October 18 2019 HON. MARIE" s. WEINER COORDINATION TRIAL JUDGE NOTICE TO PRESENT AND FORMER NON—EXEMPT EMPLOYEES AND MANAGERS OF MOBILEONE LLC Wage and Hour Cases, ' Re: In re MobileOne San Mateo County Superior Court, Judicial CounCil Coordination Proceedings, JCCP 5039 Dear Present or Former Employee of MobileOne LLC: This Notice contains important‘information about your privacy rights in connection with the lawsuit referenced above. . Two class action lawsuits were filed against MobileOne LLC (the “Company”), one by Kiki Chess in the San Mateo County Superior Court and the second one by Vivian Ly in Sacramento County Superior Court (collectively “Plaintiffs”). The lawsuits have been coordinated into one single proceeding, collectively known as the In re MobileOne Wage and Hour Cases. These are not lawsuits against you, and you are not being sued. Plaintiffs filed these putative class actions on behalf of themselves and all other similarly situated individuals, including those who are working or have worked as a non-exempt employee or manager for the Company in the State of California at any time since May 30, 2014 to the Present. Plaintiffs, who formerly worked for the Company, allege in the coordinated lawsuit that the Company violated California law by (1) failing to provide meal periods, (2) failing to providerest breaks, (3) failing to pay hourly wages, (4) failing to pay vacation wages, (5) failing to pay sick time, (6) failing to reimburse employees for necessary business expenses, (7) failing to provide its employees with accurate, itemized wage statements, (8) failing to timely pay all final wages, (9) taking unlawful deductions, and (10) engaging in unfair business practices. Plaintiffs seeks recovery of unpaid wages, civil penalties, and statutory penalties, including PAGA penalties under Labor Code Section 2699. The Company denies all of these allegations. The Company maintains that Plaintiffs and all of the Company’s employees were properly compensated and provided breaks in conformity with California law. The Court has not made any determination as to the merits of Plaintiffs’ claims, and has not decided whether the case will p’roceed as a class action. According to the Company’s records, you ”are currently employed or previously worked for the Company at some time since May 30, 2014, as a non-exempt employee or manager. Plaintiffs, through their attorneys or investigators, are seeking to collect evidence regarding these alleged violations and interview potential witnesses in this case, and have requested your contact information. The purpose of this Notice is to inform you that you have the right to object to the disclosure to the Plaintiffs and their attorneys of any of your contact information, which consists only of your name, residence address, and telephone number. Plaintiffs’ attorneys or their investigators will not contact you in person (without your prior permission); any initialcontact will be made only by mail or telephone between 8:30 a.m. and 9:00 p.m. EXi-HélT A Please be advised that your identifying information will remain confidential and sealed pursuant to a court order, regardless of whether you speak to an attorney or investigator. Your name and contact information will not be provided to Plaintiffs personally. The Company will not retaliate against you in any way for any reason regarding this lawsuit, this Notice, or your response. If you do not object to your contact information being released to the parties’ attorneys and their investigators, you do not have to do anything. lfyou do Object to the disclosure of any of your contact information to Plaintiffs’ attorneys or investigators, then you must submit a written objection stating your reasons for your objection, in the space provided below. Please print your name, sign and date the objection, and return itby first class mail to Phoenix Settlement Administrators at [addressl (who is 'acourt-appointed Neutral). Your written objection must be . postmarked no later than Décember 12, 2019 to be considered valid. If your objection is contested by Plaintiffs’ attorneys, the Superior Court will consider and rule on any objection you made at a hearing, of which you will be notified and can appear and be given an opportunity to be heard. If your objection is not contested, no hearing is " needed. THIS IS NOT A COMMUNICATION BY THE COURT, AND IT IS NOT AN EXPRESSION OF ANY OPINION BY THE COURT AS TO THE MERITS OF THE CLAIMS OR DEFENSES MADE BY EITHER SIDE IN THIS LAWSUIT. PLEASE DO NOT CONTACT THE COURT DIRECTLY ABOUT THIS NOTICE. Objection to Disclosure: | object to the disclosure of my personal contact information, in the case of In re MobileOne Wage and Hour Cases, JCCP 5039, for the following reasons: Date: , 201 9 Printed Name Signature