ORDER GRANTING PLAINTIFF'S MOTION FOR APPROVAL OF HOFFMANN-LA ROCHE NOTICE AS MODIFIED BY THE COURT

PHYLLIS J. HAMILTON, District Judge.

Plaintiff's Motion for Approval of Hoffmann-La Roche Notice (hereinafter "Motion"), pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., and Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165 (1989), came on regularly for hearing on December 24, 2014 in the United States District Court for the Northern District of California, Oakland Division, the Honorable Phyllis J. Hamilton presiding. All parties were represented by counsel.

Having considered the memoranda and declarations, oral arguments of counsel, and the relevant statutory and case law, the Court GRANTS Plaintiff's Motion and orders and finds as follows:

1. Pursuant to the Fair Labor Standards Act ("FLSA") and cases interpreting it, the Court finds that the Operators (as defined below) are similarly situated. The Court therefore conditionally certifies this action as a representative collective action, 29 U.S.C. § 216(b);

2. The Court finds that notice should be sent to all prospective collective action members, consisting of all individuals who are currently employed, or formerly have been employed, by Open Top Sightseeing San Francisco, LLC ("Defendant") as a bus operator or in an equivalent position in California at any time on or after December 24, 2011 (hereinafter "Operator");

3. The Court orders Defendant to produce to Plaintiff's counsel the names, address information, e-mail addresses, and telephone numbers of all Operators as defined above. Such information shall be produced within thirty (30) days of the date of this Order in Microsoft Excel format; and the same shall be produced to Plaintiff's counsel for any subsequently hired Operators within thirty (30) days of the first date of employment;

4. The Court approves the mailing, e-mailing, publication, and posting of the Notice and Consent to Join form substantially in the form attached hereto as Exhibit A. The Notice and Consent to Join form shall be sent to Operators within ten (10) days of receipt by Plaintiffs' counsel of their contact information as described above in paragraph 3. The Notice and Consent to Join form shall also be posted in a prominent location at each of Defendant's locations where the class members regularly report to work. Defendant shall make a good faith effort to ensure that each Notice posting shall have a reasonable number of Consent to Join forms available with the Notice at all times during the Notice period, as defined below;

5. Operators shall have until ninety (90) days after the sending of notice (the "Notice period"), to postmark their Consent to Join forms and mail, or alternatively to fax, such Consents to Plaintiff's counsel. This deadline may be extended by stipulation signed by counsel for all parties and filed with the court;

6. Plaintiff's counsel shall attempt to locate current addresses for any individual for whom a Notice is returned as undeliverable and shall promptly re-send the Notice to the current address. Plaintiff's counsel shall keep a record of the addresses that it updates and the dates on which those Notices were sent to those addresses. Plaintiff's counsel shall not be required to re-send the Notice to any particular individual more than two (2) times.

It is so ORDERED.

EXHIBIT A

CONSENT TO JOIN (Opt-In Form)

CONSENT TO BECOME PARTY PLAINTIFF

I am or have been employed by Open Top Sightseeing San Francisco, LLC ("Defendant") as a bus operator. I hereby consent to be a party plaintiff in the Fair Labor Standards Act ("FLSA") collective action against Defendant, to recover unpaid compensation under the FLSA. I hereby authorize the Named Plaintiff, or their counsel-of-record, to file this Consent to Join form with the Court and to send a copy to the lawyers for the Defendant. I hereby further authorize the Named Plaintiff to retain counsel-of-record, the Tidrick Law Firm, and I hereby further authorize such counsel to make such further decisions with respect to the conduct and handling of this action, including the settlement thereof, as he/she/they deem appropriate or necessary.

In order to join this lawsuit, this form must be signed, and returned by fax or mail, postmarked no later than [Date], to: