ORDER COMPELLING CERTAIN OPT-INS TO ADVISE AS TO THEIR STATUS

ALLISON D. BURROUGHS, District Judge.

This is an overtime case alleging that Defendants misclassified Merchandise Assistant Store Managers ("Merchandise ASMs") at Marshalls and HomeGoods locations outside of California as exempt from overtime. There are no other positions at issue in this case. The Court permitted Plaintiffs to send notice of this case to Merchandise ASMs, except for those in California, who worked at Defendants' stores between November 1, 2012 and March 31, 2017. A list of such individuals was provided by Defendants for the purpose of disseminating the court-authorized notice. After notice was sent, some individuals who were not on this list filed consents to join the case. Some of these consents might be from individuals who were inadvertently left off of the list and are properly in the case. Alternatively, during the opt-in period, a website, topclassactions.com, posted references to this litigation as a settled case related to "assistant managers" which might have led some individuals to return the notice even if they were not part of the group. In any event, the Court and the parties now need to determine whether individuals who filed consents to join the case but were not on the original list are properly in the case.

Accordingly, no later than one week after this order is signed, Plaintiffs shall send a copy of this order to all of the individuals named on Exhibit A to this Order, which is a list of people who opted in but were not on the original list provided by Defendants. The order shall be sent by first-class, regular mail and email, to the contact information identified on each individual's consent to join form.

After receiving this letter but no later than 21 days after the order is sent, any individual who wants to participate in this case shall contact Plaintiffs' counsel. If an individual does not contact Plaintiffs' counsel within this timeframe, the individual's claims will be dismissed from this case without prejudice.

Plaintiffs' counsel are ordered, no later than 35 days after the date of this Order, to file a list of names of those individuals who failed to contact Plaintiffs' counsel as required by the previous paragraph or who responded but who are not members of the conditionally certified collective so as to permit the Court to enter an order dismissing such individuals from this case without prejudice.

SO ORDERED.

EXHIBIT A