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Aguiar v. Cingular Wireless

July 28, 2009

PETER PAUL AGUIAR, INDIVIDUALLY, AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED, PLAINTIFF,
v.
CINGULAR WIRELESS, LLC, A DELAWARE CORPORATION,, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Honorable Andrew J. Wistrich United States Magistrate Judge

CLASS ACTION COMPLAINT PROTECTIVE ORDER PURSUANT TO STIPULATION REGARDING DISCLOSURE OF PUTATIVE CLASS MEMBERS' IDENTITIES AND CONTACT INFORMATION

Date Action Filed: November 16, 2006 Trial Date: None

The parties to the above-captioned action entered into a Stipulation And Protective Order Regarding Disclosure Of Putative Class Members' Identities And Contact Information, dated July 27, 2009 ("Stipulation") which provides as follows:

1. On or about June 2, 2008, Plaintiff propounded Special Interrogatory 3, in Set One, to Defendants, seeking the names, last known home addresses and last known home telephone numbers of persons who worked for Defendants in "non-exempt" or hourly paid positions in retail stores within the state of California at any time from November 16, 2002, up to the present date. All such individuals meeting this definition shall be referred to herein as the "Putative Class Members."

2. Defendants objected to producing the identities and contact information of the Putative Class Members.

3. The Parties met and conferred about the objections in September 2008. After focusing their efforts on reaching an agreement about the scope of a scheduled mediation, the Parties again conferred about Defendants' objections to Special Interrogatory 3.

4. On July 10, 2009, the Parties met, conferred and reached a compromise about Special Interrogatory 3 and Defendants' objections thereto. The Parties agreed that Defendants will withdraw their objections to Interrogatory No. 3 and disclose the identities and contact information of the Putative Class Members pursuant to procedures and conditions set forth herein:

a. The full name, last known addresses, last known telephone numbers, and job titles of each Putative Class Member shall be referred to herein as the Putative Class Member Contact Information (PCMCI).

b. Simpluris, Inc. ("Simpluris") shall serve as notice administrator, and within three (3) calendar days after entry of this Order by the Court, Defendants shall provide the PCMCI to Simpluris.

c. Upon receipt of the PCMCI, Simpluris shall notify Plaintiff's counsel that Defendants provided the PCMCI to Simpluris;

d. Simpluris shall maintain the PCMCI under the strictest of confidence, meaning that Simpluris shall not disclose the PCMCI to any person, including Plaintiff's counsel, except as provided for herein. Simpluris hereby agrees to be bound by the terms of this Stipulation and Order, and also agrees to submit to the jurisdiction of the United States District Court, Central District of California, with regard to its role, function, and actions as the notice administrator in this action.

e. Within five (5) calendar days after receipt of the PCMCI, Simpluris shall perform a search for updated addresses through reasonable means of obtaining such addresses and thereafter send each Putative Class Member a notice that advises them of the lawsuit and provides them with an opportunity to opt-out from the disclosure of their identities and contact information to Plaintiff's counsel. The form of notice is agreed upon by the Parties and attached hereto as Exhibit "A" (Notice). Upon sending of the Notice, Simpluris shall notify all counsel of the number of updated addresses obtained through the process described in this paragraph and the total number of Notices sent.

f. Putative Class Members may object to the disclosure of their identities by signing and returning a postage pre-paid postcard addressed to Simpluris, attached hereto as Exhibit "B" (Opt-out Postcard), postmarked twenty (20) calendar days or less from the date on which Simpluris mails the Notice to the Putative Class Members.

g. Putative Class Members who do not send an Opt-out Postcard postmarked twenty (20) calendar days or less from the date on which Simpluris mails the Notice will be presumed to have consented to providing their identity and contact information to Plaintiff's counsel.

h. Twenty-three (23) days after sending the Notices, Simpluris shall provide Plaintiff's counsel the PCMCI for those Putative Class Members who have not timely returned an Opt-out Postcard. Simpluris shall also provide all counsel with all updated addresses and phone numbers obtained through the address-updating process described above, for those Putative Class Members who did not timely return an Opt-Out Postcard.

i. Twenty-five (25) days after sending the Notices, Simpluris shall provide to Defense Counsel copies of any and all communications between it and Plaintiff's Counsel regarding this case, as well as copies of any and all information it provided to Plaintiff's Counsel pursuant to paragraph (h) above.

j. Plaintiff's counsel shall be solely responsible to Simpluris for the cost of the administration of the ...


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