Filed: Jun. 19, 2017
Latest Update: Jun. 19, 2017
Summary: PLAINTIFF JAMES HARALSON'S AND DEFENDANT U.S. AVIATION SERVICES CORP.'S STIPULATION FOR AN ORDER COMPELLING THE PRODUCTION OF A CLASS LIST JON S. TIGAR , District Judge . IT IS HEREBY STIPULATED by and between Plaintiff James Haralson ("Plaintiff") and Defendant U.S. Aviation Services Corp. ("U.S. Aviation") (collectively the "Parties") by and through their respective counsel of record, that: WHEREAS, on December 7, 2016, Plaintiff propounded an Interrogatory on U.S. Aviation requesting it
Summary: PLAINTIFF JAMES HARALSON'S AND DEFENDANT U.S. AVIATION SERVICES CORP.'S STIPULATION FOR AN ORDER COMPELLING THE PRODUCTION OF A CLASS LIST JON S. TIGAR , District Judge . IT IS HEREBY STIPULATED by and between Plaintiff James Haralson ("Plaintiff") and Defendant U.S. Aviation Services Corp. ("U.S. Aviation") (collectively the "Parties") by and through their respective counsel of record, that: WHEREAS, on December 7, 2016, Plaintiff propounded an Interrogatory on U.S. Aviation requesting it ..
More
PLAINTIFF JAMES HARALSON'S AND DEFENDANT U.S. AVIATION SERVICES CORP.'S STIPULATION FOR AN ORDER COMPELLING THE PRODUCTION OF A CLASS LIST
JON S. TIGAR, District Judge.
IT IS HEREBY STIPULATED by and between Plaintiff James Haralson ("Plaintiff") and Defendant U.S. Aviation Services Corp. ("U.S. Aviation") (collectively the "Parties") by and through their respective counsel of record, that:
WHEREAS, on December 7, 2016, Plaintiff propounded an Interrogatory on U.S. Aviation requesting it to provide the name, mailing address, cellular telephone number, email address and job title for each putative class member (hereafter known as a request for a "Class List");
WHEREAS, on April 4, 2017, U.S. Aviation objected to Plaintiff's Interrogatory primarily on the grounds that such a request for a Class List is premature prior to Plaintiff satisfying his prima facie burden showing that the Federal Rule of Civil Procedure 23 class action requirements are met and the dissemination of a Class List violates the privacy rights of U.S. Aviation former and current employees;
WHEREAS, on April 11, 2017, Plaintiff sent U.S. Aviation a meet and confer letter arguing its position as to why U.S. Aviation's initial discovery response was deficient;
WHEREAS, on April 28, 2017, after the Parties engaged in good faith meet and confer discussions, and based on the legal authorities presented by Plaintiff U.S. Aviation agreed to produce the requested Class List subject to an Order from this Court requiring it do so;
THEREFORE, the parties hereby stipulate and jointly request that the Court enter this Order requiring U.S. Aviation to produce a Class List and instructing Plaintiff's counsel to protect the privacy interest of putative class members as follows:
1. U.S. Aviation is required to produce the name, last known mailing address, last known cellular telephone number if in possession of U.S. Aviation, last known personal email address if in possession of U.S. Aviation and last known job title held at U.S. Aviation for each putative class member, with putative class member defined as all persons employed by Defendant U.S. Aviation Services Corp. in hourly paid or non-exempt positions as aircraft cleaners in California since September 9, 2012;
2. Unless the Parties agree to a different date, the deadline for U.S. Aviation to produce the Class List shall be within thirty (30) days of the entry of this Court's order;
3. Plaintiff's counsel must inform each putative class member that Plaintiff's counsel contacts that he or she has a right not to talk to Plaintiff's counsel and that, if he or she declines to talk with Plaintiff's counsel, Plaintiff's counsel will immediately terminate the conversation and will not contact that individual again.
ORDER
Good cause appearing therefor, IT IS SO ORDERED.
ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
I, Christopher A. Braham, attest that concurrence in the filing of this stipulation has been obtained from all signatories.
