STIPULATION RE NOTICE PROCEDURE REGARDING DISCLOSURE OF PUTATIVE CLASS MEMBERS' CONTACT INFORMATION; [PROPOSED] ORDER

KANDIS A. WESTMORE, Magistrate Judge.

The parties to the above-captioned action, through their attorneys of record, hereby stipulate and agree as follows:

WHEREAS, this action is a putative class action brought by the named plaintiffs on behalf of themselves and all current and former hourly, non-exempt employees employed by defendants at an "Outback Steakhouse" Restaurant in California, at any time during the statutory time period;

WHEREAS, plaintiff Chris Armenta has served discovery on all defendants requesting, among other things, that defendants disclose the identities of, and contact information for, each non-exempt employee who has been employed at any CALIFORNIA OUTBACK RESTAURANT from November 8, 2010 until the present time;

WHEREAS, defendants T-BIRD RESTAURANT GROUP, INC. and T-BIRD NEVADA, LLC (collectively, the "T-Bird Defendants") have contended that providing such information could violate the privacy rights of their current and former employees;

WHEREAS, plaintiffs believe they are entitled to contact information regarding all members ofthe proposed class, the T-Bird Defendants have maintained that they are only obligated to provide such information regarding employees who work or have worked at the particular CALIFORNIA OUTBACK RESTAURANTS were the class representatives have worked;

WHEREAS, defendants BLOOMIN' BRANDS, INC., OSI RESTAURANT PARTNERS, LLC, and OS RESTAURANT SERVICES, LLC have represented that they do not have the requested contact information and have represented that they do not believe that they are the appropriate parties to participate in the opt-out notice procedure described herein;

WHEREAS, plaintiffs and the T-Bird Defendants have previously stipulated to utilize the procedure set forth in Belaire-West Landscape, Inc. v. Superior Court, 149 Cal.App.4th 554 (2007), pursuant to which plaintiffs are being provided the contact information of the putative class members for only the Fremont, Mission Valley and Moreno Valley CALIFORNIA OUTBACK RESTAURANTS, and for any other restaurants where a prospective class representative has worked, if such putative class members did not object to the disclosure of such information to plaintiffs' counsel;

WHERAS, the Court's August 6, 2014, discovery Order encouraged plaintiffs and the T-Bird Defendants to stipulate to production of contact information for all putative class members at all CALIFORNIA OUTBACK RESTAURANTS in accordance to the previously agreed upon Belaire-West Landscape, Inc. v. Superior Court, 149 Cal.App.4th 554 (2007) procedure.

THEREFORE, IN LIGHT OF THE FOREGOING, PLAINTIFFS AND THE T-BIRD DEFENDANTS HEREBY STIPULATE AND AGREE THAT:

1. On or before September 5, 2014, the T-Bird Defendants will provide plaintiffs' counsel with the name of each non-exempt employee who has been employed at any CALIFORNIA OUTBACK RESTAURANT from November 8, 2010 until the present time (the "Statutory Period"), along with their locations of employment, as has been requested, in part, by plaintiff Chris Armenta's interrogatories to the defendants.

2. On or before September 5, 2014, the T-Bird Defendants shall provide the last known physical address; the email addresses, to the extent that the T-Bird Defendants has any email addresses; telephone numbers; dates of employment; positions of employment for each time period; and location of employment for each time period of all non-exempt employees identified pursuant to Paragraph 1, above, to a third-party administrator to be agreed-upon by the parties ("TPA"). Within ten days of receipt of such information, the TPA will send to all identified individuals by United States mail, and email where email addresses are available, the notice attached as Exhibit 1 to this Stipulation.

3. Within forty-five days after mailing such notices, but not before thirty days after mailing such notices, the TPA shall provide plaintiffs' counsel with the last known physical addresses; the email addresses, to the extent that the T-Bird Defendants has any email addresses; telephone numbers; dates of employment; positions of employment for each time period; and location of employment for each time period of each of the current or former employees previously identified pursuant to paragraphs 1 and 2, above, except for those persons who have informed the TPA that they object to the disclosure of such information.

4. The plaintiffs and T-Bird Restaurant Group, Inc. have agreed to evenly share the cost of the TPA notice expense.

IT IS SO STIPULATED

ORDER

In light of the stipulation by and between plaintiffs and defendants T-BIRD RESTAURANT GROUP, INC. and T-BIRD NEVADA, LLC (collectively, the "T-Bird Defendants"), and for good cause shown, IT IS HEREBY ORDERED THAT:

1. On or before September 5, 2014, the T-Bird Defendants will provide plaintiffs' counsel with the name of each non-exempt employee who has been employed at any CALIFORNIA OUTBACK STEAKHOUSE RESTAURANTS from November 8, 2010 until the present time (the "Statutory Period"), along with their locations of employment, as has been requested, in part, by plaintiff Chris Armenta's interrogatories to the defendants.

2. On or before September 5, 2014, the T-Bird Defendants shall provide the last known physical addresses; the email addresses, telephone numbers, dates of employment, positions of employment for each time period, and location of employment for each time period of all non-exempt employees identified pursuant to Paragraph 1, above, to a third-party administrator to be agreed-upon by the parties ("TPA"). Within ten days of receipt of such information, the TPA will send to all identified individuals by United States mail, and email where email addresses are available, the notice attached as Exhibit 1 to this Stipulation.

3. Within forty-five days after mailing such notices, but not before thirty days after mailing such notices, the TPA shall provide plaintiffs' counsel with the last known physical and email addresses, telephone numbers, dates of employment, positions of employment for each time period, and location of employment for each time period of each of the current or former employees previously identified pursuant to paragraphs 1 and 2, above, except for those persons who have informed the TPA that they object to the disclosure of such information.

4. The plaintiffs and T-Bird Restaurant Group, Inc. shall evenly share the cost of the TPA notice expense.