Filed: Mar. 28, 2018
Latest Update: Mar. 28, 2018
Summary: STIPULATED MOTION AND ORDER REGARDING CONTACT WITH PUTATIVE CLASS MEMBERS RICARDO S. MARTINEZ , Chief District Judge . As contemplated by the Protective Order (Dkt. 54), and to implement a procedure for contacting absent putative class members that protects against putative class members being inappropriately influenced or subjected to harassment, the parties hereby stipulate to the following provisions regarding contact with absent putative class members by Plaintiffs' counsel, Defendant N
Summary: STIPULATED MOTION AND ORDER REGARDING CONTACT WITH PUTATIVE CLASS MEMBERS RICARDO S. MARTINEZ , Chief District Judge . As contemplated by the Protective Order (Dkt. 54), and to implement a procedure for contacting absent putative class members that protects against putative class members being inappropriately influenced or subjected to harassment, the parties hereby stipulate to the following provisions regarding contact with absent putative class members by Plaintiffs' counsel, Defendant Ni..
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STIPULATED MOTION AND ORDER REGARDING CONTACT WITH PUTATIVE CLASS MEMBERS
RICARDO S. MARTINEZ, Chief District Judge.
As contemplated by the Protective Order (Dkt. 54), and to implement a procedure for contacting absent putative class members that protects against putative class members being inappropriately influenced or subjected to harassment, the parties hereby stipulate to the following provisions regarding contact with absent putative class members by Plaintiffs' counsel, Defendant Nissan North America, Inc.'s ("NNA") counsel, and those acting on their behalf:
1. CONTACT PERMITTED BY BOTH SIDES
Plaintiffs' Counsel, NNA's Counsel, and those acting on their behalf shall be permitted to initiate informal oral communications with any putative class member who is not already represented by counsel, regardless of whether their identities are discovered through NNA's records or otherwise, and regardless of whether they claim to have experienced a "shattering event" (as that term is used in the Amended Complaint, Dkt. # 12) with a panoramic sunroof, if the procedures set forth below are followed.
2. SCRIPT TO BE READ TO PUTATIVE CLASS MEMBERS
Prior to speaking with putative class members, Plaintiffs' Counsel, NNA's Counsel, and their representatives shall read a "script," attached as Exhibit A, that will inform the individual:
a. That litigation has been commenced against NNA regarding panoramic sunroofs;
b. That the caller is contacting the individual on behalf of [plaintiffs or NNA];
c. That the individual does not have any obligation to speak with the caller;
d. That the individual is free to end the conversation at any time; and
e. [For putative class members whose contact information was gained through PII produced by NNA in this litigation:] that NNA was required to produce the individual's PII by Court order.
3. NO DISRUPTION OF BUSINESS OPERATIONS
This Order shall not prevent NNA or its dealers from acting in the normal course of their business or in any way alter NNA's normal continuing business operations. Nor shall this Order in any way limit NNA or NNA's counsel's ability to communicate with authorized NNA dealers or NNA employees and similar persons who are not exclusively customers of NNA.
4. APPLICABILITY TO OTHER ORDERS
The Protective Order (Dkt. # 54) is hereby amended to the extent necessary to allow putative class member contact as set forth herein.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
ORDER
PUTSUANT TO STIPULATUION, IT IS SO ORDERED.
EXHIBIT A: TELEPHONE SCRIPT
Litigation has been commenced against Nissan in which plaintiffs allege claims concerning panoramic sunroofs in certain Nissan vehicles. I am contacting you on behalf of [plaintiffs/Nissan].
[For customers contacted as a result of PII found in NNA's records:] Before we speak further, I am required to advise you that, as part of this litigation, Nissan has been required to provide plaintiffs' counsel with records kept by Nissan that concern information or complaints you provided to Nissan when you contacted Nissan's customer call center about your vehicle or when you brought your vehicle to an authorized Nissan dealership for service. Before providing these records to plaintiffs' counsel, Nissan removed identifying information to the extent permitted by the Court. However, Nissan was required to provide these records to plaintiffs' counsel without removing certain identifying information about you, including your name, address, and telephone number.
I am also required to advise you that you do not have any obligation to speak with me and you have the right to end this conversation at any time.
Are you willing to speak with me concerning your Nixxan vehicle?
