ORDER APPROVING FORM AND MANNER OF CLASS ACTION NOTICE

DALE A. DROZD, District Judge.

On May 20, 2016, the court granted Rafael Amaro and Jesus Alarcon Urzua's ("plaintiffs") motion for class certification pursuant to Federal Rule of Civil Procedure ("FRCP") 23. (Doc. No. 57.) On June 3, 2016, Gerawan Farming, Inc. and Gerawan Farming Partners, Inc. ("defendants") filed a motion for reconsideration. (Doc. No. 58.) The court denied the motion for reconsideration on August 22, 2016 and subsequently ordered the parties to meet and confer within 21 days to decide on the form and manner of class notice. (Doc. No. 67.) The parties submitted a joint status report in this regard on September 12, 2016. (Doc. No. 71.)

According to the joint status report, the parties have agreed on the form of the notice.1 Finding no issues with the form, the court approves it as presented in the parties' joint status report. (Doc. No. 71-1.)

Additionally, according to their joint status report, the parties have also agreed that the initial notice to the class will be conducted by a professional third-party administrator, Rust Consulting, Inc. The court approves of this aspect of the proposal as well.

The parties also agree the notice will be translated into Spanish. However, the parties fail to specify that a court certified interpreter will perform the translation. The court approves of the translation of the notice into Spanish so long as that translation is done by a court certified interpreter.

However, according to the joint status report, the parties have reached an impasse with respect to timing. Plaintiffs request the court order defendants to provide the class list to Rust Consulting within fourteen days of the issuance of this order. Furthermore, plaintiffs request the court order Rust Consulting to mail the notice to the class members twenty-one days after receipt of the class list. On the other hand, defendants urge the court to delay the issuance of any such orders in light of the fact they have petitioned the Ninth Circuit Court of Appeals pursuant to FRCP 23(f) for permission to appeal this court's granting of class certification.2

The court will not indefinitely delay the issuance of notice pending the Ninth Circuit's review of defendants' petition. Rather, defendants are encouraged to file a motion for a stay if that is what they desire. In order to provide defendants an opportunity to do so, the court will extend the deadline to provide the class list to thirty days after issuance of this order instead of the fourteen days requested by plaintiffs. The deadline for mailing notice will be set at twenty-one days after provision of the class list.

For the reasons stated above:

IT IS SO ORDERED.