ELLIS v. COSTCO WHOLESALE CORPORATION, C04 3341 EMC. (2012)
Court: District Court, N.D. California
Number: infdco20121128c36
Visitors: 13
Filed: Nov. 27, 2012
Latest Update: Nov. 27, 2012
Summary: STIPULATION AND PROPOSED ORDER REGARDING COMMUNICATIONS WITH CLASS MEMBERS EDWARD M. CHEN, District Judge. RECITALS A. On September 25, 2012, the Court certified two classes in this case defined as follows: Injunctive Relief Class: All women who are currently employed or who will be employed at any Costco warehouse in the U.S. who have been or will be subject to Costco's system for promotion to Assistant General Manager and/or General Manager positions. Monetary Relief Class: All
Summary: STIPULATION AND PROPOSED ORDER REGARDING COMMUNICATIONS WITH CLASS MEMBERS EDWARD M. CHEN, District Judge. RECITALS A. On September 25, 2012, the Court certified two classes in this case defined as follows: Injunctive Relief Class: All women who are currently employed or who will be employed at any Costco warehouse in the U.S. who have been or will be subject to Costco's system for promotion to Assistant General Manager and/or General Manager positions. Monetary Relief Class: All w..
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STIPULATION AND PROPOSED ORDER REGARDING COMMUNICATIONS WITH CLASS MEMBERS
EDWARD M. CHEN, District Judge.
RECITALS
A. On September 25, 2012, the Court certified two classes in this case defined as follows:
Injunctive Relief Class:
All women who are currently employed or who will be employed at any Costco warehouse in the U.S. who have been or will be subject to Costco's system for promotion to Assistant General Manager and/or General Manager positions.
Monetary Relief Class:
All women who have been employed at any Costco warehouse store in the U.S. since January 3, 2002 who have been subject to Costco's system for promotion to Assistant General Manager and/or General Manager positions.
B. The Court will soon direct the parties to send an approved form of class notice to the members of the classes, which will inform them about the case and advise them of their right to exclude themselves from the Monetary Relief Class.
C. As used in this stipulation, Class Member refers to a member of either or both classes.
D. As used in this stipulation, the Opt-Out Period refers to the period from now until the time that a Class Member has to request exclusion from one or both Classes ends.
E. As used in this stipulation, Class Counsel refers to the attorneys appointed to represent the Classes in the September 25, 2012 Certification Order.
F. The Court has the authority under Federal Rule of Civil Procedure 23(d) to enter orders to regulate communications with Class Members.
STIPULATION
The parties stipulate as follows:
1. This stipulation, if entered as an order of the Court, replaces the Stipulation and Order Regarding Class Definition, Class Notice and for Regulation of Costco's Communications, entered by the Court on May 31, 2007.
2. No attorney acting on behalf of Costco may communicate with any Class Member during the Opt-Out period or thereafter, if the Class Member is represented by Plaintiffs' Counsel, about her individual claim or her decision whether to participate in the case, without the permission of Class Counsel, which will not be unreasonably withheld.
3. Costco will not use any instruction, threat, or promise to encourage any Class Member to request exclusion, to support Costco's position in this litigation, or to refuse to communicate with Class Counsel.
4. During the Opt-Out Period, Costco will not disclose to Class Members the number or identity of Class Members who have or have not opted out, or the number or identity of those who have agreed to cooperate with Costco in this case.
5. Costco will not disclose to its Assistant Managers, Warehouse General Managers, District and Regional Managers and Vice Presidents, Senior Vice Presidents and members of the Operations or Executive Committee whether a particular Class Member has opted out or not, or whether the class member is cooperating with Costco or Class Counsel in this case, except (i) where the status of a Class Member is disclosed in preparing Costco's defense to that Class Member's claim, to persons necessary to the preparation of that defense, (ii) where the status of a Class Member as a witness for Costco is disclosed to persons necessary to the preparation of a defense that the Class Member would support, or (iii) where the disclosure is otherwise necessary to prepare Costco's defense. As to disclosures within category (iii), Costco's Counsel will maintain a record of such disclosures, including the date and the identity of the Class Member, and the identity of the Costco managers to whom such disclosures are made.
6. The parties will reach agreement as to an internal communication to Costco's managers regarding how to respond to inquiries from Class Members concerning the case (Communications Protocol). Should the parties be unable to reach agreement on the Communications Protocol before the Class Notice is scheduled to be sent, they will submit the matter for resolution by the Court.
7. Costco will provide the Communications Protocol to each Regional and Operations Manager, Warehouse Manager and Assistant Warehouse Manager within Costco's U.S. warehouse operations. To ensure that newly appointed managers receive this Order, every four months Costco shall provide a copy of this Communications Protocol to newly-appointed managers.
8. Costco will provide to Class Counsel any written communication that Costco directs on the subject of this case to any group of Costco employees that includes Class Members, within three business days of directing the communication.
9. The parties each agree that, during the Opt-Out Period, they will not direct any mass communications to the Classes concerning the case. This agreement would not limit the right of Class Counsel to communicate with individual Class Members concerning the case or their rights.
IT IS SO STIPULATED.
Source: Leagle
