STIPULATED REQUEST TO AMEND CLASS DEFINITION; PROPOSED ORDER THEREON

WILLIAM B. SHUBB, District Judge.

TO THE COURT:

The parties to the above-captioned case hereby submit the following stipulated request to amend the class definition set forth in the Court's May 22, 2015 Memorandum and Order Re: Motion for Class Certification and Appointment of Class Counsel, Docket No. 53:

1. The Court issued its Memorandum and Order Re: Motion for Class Certification and Appointment of Class Counsel ("Memorandum"), Docket No. 53, on May 22, 2015.

2. The Memorandum defines the certified class as follows, in relevant part: "all former, current and future State of California employees employed in Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21 who are, have been, or will be represented exclusively for purposes of collective bargaining by Local 1000, from June 2013 onward . . . ." Memorandum at 20:16-18.

3. The Memorandum also states, "The court retains the power to modify this definition, and it will be the duty of the parties' counsel to call to the court's attention any other necessary adjustments." Id. at 5:6-8.

4. It appears from the definitions of the subclasses set forth in the Memorandum that the Court intended to limit the class to non-members of Local 1000 who were subject to a provision requiring that they have deducted from their wages agency fees as a condition of continued public employment. See Memorandum at 20:19-21:2. But the general class definition does not expressly exclude union members. Therefore, the parties, through their undersigned counsel, hereby respectfully request the Court to amend the class definition so as to clarify that the class is limited to state employees who, at any time during the class period, were represented by Local 1000 but were not members of Local 1000, and had agency fees deducted from their wages. (Thus, state employees who were represented by Local 1000 during the class period, but were members of Local 1000 for part of that time and non-members of Local 1000 for part of that time, are included in the class but only have damage claims for the period of time during which they were represented by Local 1000 but were not members of Local 1000.) The parties respectfully request that the Court do so by amending the Memorandum as follows:

5. The foregoing request is so stipulated and agreed between the parties to the above-captioned action, by among their undersigned counsel.

ORDER

IT IS SO ORDERED.