Stipulation and OrderCal. Super. - 6th Dist.March 19, 202010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Envelope: 6705321 AEGIS LAW FIRM, PC KASHIF HAQUE, State Bar No. 218672 SAMUEL A. WONG, State Bar No. 217 1 04 JESSICA L. CAMPBELL, State Bar No. 280626 CAROLYN M. BELL, State Bar N0. 313435 cbell@aegislawfirm.com 9811 Irvine Center Drive, Suite 100 Irvine, California 926 1 8 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Attorneys for Plaintiff Mavrick Yoo, individually and on behalf of all others similarly situated. MEL M.C. COLE, Bar N0. 293265 mmcole@littler.com COURTNEY O. CHAMBERS, Bar No. 3 12011 cchambers@littler.com LITTLER MENDELSON, P.C. 333 Bush Street, 34th Floor San Francisco, CA 94104 Telephone: 415.433.1940 Fax No.2 415.399.8490 Attorneys for Defendants Fitness Alliance, Inc. and Fitness Alliance, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA MAVRICK Yoo, individually and on behalf Case NO- 200365258 of all others similarly situated, Assignedfor All Purposes t0: Plaintiff, Judge Sunil R. Kulkarni Dept. 1 VS' JOINT STIPULATION AND ORDER RE BELAIRE WEST NOTICE FITNESS ALLIANCE, INC.; FITNESS PROCESS ALLIANCE, LLC; and DOES 1-20, inclusive, Defendants. JOINT STIPULATION AND [PROMED] ORDER RE BELAIRE WEST NOTICE PROCESS Filed June 23, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 20CV365258 By: rwalker 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Mavrick Yoo (“Plaintiff”) and Defendants Fitness Alliance, Inc. and Fitness Alliance, LLC (“Defendants”) (collectively, the “Parties”), through counsel 0f record, hereby stipulate , subj ect t0 the Court’s approval, t0 the following Employee List Discovery procedure: Notice Procedure 1. Attached as Exhibit “A” is the parties’ proposed notice t0 the alleged aggrieved employees (“Notice”), defined as, solely for the purpose 0f this notice process, all non-exempt employees of Defendants from January 9, 2019 to March 31, 2021. 2. Within 15 calendar days 0f the date 0f the Court’s issuance 0f the (proposed) order, 0r on the business day following 15 calendar days, if necessary, Defendant Will provide the Employee List, in an appropriate electronic format, t0 the agreed-upon third party administrator, ILYM, Inc. (“TPA”). The electronic file will contain each employee’s name, last known home address, last known personal telephone number, and known email addresses, t0 extent this information is available (“Personal Contact Information”). The Personal Contact Information will be deemed confidential by all parties. 3. Absent mutual written agreement 0f counsel for the parties or court order, the TPA will keep the list confidential and will use it only for the purposes described herein. 4. The TPA will check the alleged aggrieved employees’ addresses against those 0n file with the U.S. Postal Service’s National Change 0fAddress List. This check will be performed only once per employee by the TPA. 5. Within 10 business days after the employee list is provided to the TPA by Defendant, the TPA Will mail (by first-class U.S. mail) the Notice to those on the Employee List. If any individual has an email address, the TPA shall also send an email to that individual. 6. Any returned envelopes with forwarding addresses will be utilized by the TPA t0 forward the Notice t0 the new address. A returned Notice Will be forwarded only once per employee by the TPA. If there is n0 forwarding address, the TPA Will take no further action with respect t0 this notice procedure. Upon completion 0f these steps by the TPA, the TPA will be deemed to have satisfied its obligations t0 provide the Notice t0 the alleged aggrieved employees pursuant to this procedure. -2- JOINT STIPULATION AND [PROPOSED] ORDER RE BELAIRE WEST NOTICE PROCESS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The alleged aggrieved employees Will have thirty-five (35) days from the date the Notice is mailed to obj ect t0 the disclosure of their Personal Contact Information. If an individual does not timely object to the disclosure 0f his or her Personal Contact Information within the 35- day time period, his 0r her Personal Contact Information Will be produced. 8. In order to object/opt-out of the disclosure of their Personal Contact Information, the employee must return the postcard enclosed with the Notice - post-marked within the 35 day opt out period. 9. Within ten (10) days after the close 0f the opt-out period, the TPA Will produce the Personal Contact Information of all alleged aggrieved employees t0 Whom the Notice was mailed and Who did not timely exercise their opt-out option t0 counsel for Plaintiff. 10. The cost 0f this Employee List Discovery procedure shall be borne equally by Plaintiff, 0n the one hand, and Defendant, on the other. Protective Order 11. Plaintiffs and their counsel may use the Personal Contact Information provided by the TPA for purposes 0f investigation, further litigation, and/or settlement 0f this matter. 12. Plaintiffs and their counsel may not use the information provided by the TPA for any purpose not associated With this litigation (e.g., for marketing or similar purposes). 13. Plaintiffs and their counsel will not disclose the Personal Contact Information t0 any person with the exception 0f Plaintiffs’ counsel’s staff, paralegals, and experts, solely for purposes 0f assignments given t0 such individuals by Plaintiffs’ Counsel. 14. Plaintiffs’ Counsel will inform any individuals t0 whom the Personal Contact Information is given, 0f the existence and scope 0f the Court’s protective order concerning the information and will secure such individuals’ agreement t0 abide by the protective order. -3- JOINT STIPULATION AND [PROPOSED] ORDER RE BELAIRE WEST NOTICE PROCESS \DOOVO\Ul-hUJNv-t NNNNNNN‘NN»-.-_HH.-_HHH mqam-nwmwoxomqamnmwr-o IT IS SO STIPULATED, Dated: April £5, 2021 AEGIS LAW FIRM, PC By; CWUMQgM/Q/ Carolyn . ell Attorneys or Plaintiff Mavrick Yoo Dated: April 23, 2021 LITTLER MENDELSON, P.C. By: Mel M.C. Cole Courtney O. Chambers Attorneys for Defendant Fitness Alliance, Inc. and Fitness Alliance, LLC -4- JOINT STIPULATION AND [PROPOSED] ORDER RE BELAIRE WEST NOTICE PROCESS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER The Court, having received and reviewed the parties’ Stipulation and (Proposed) Order re Belaire West Notice Process and, finding it to be appropriate and acceptable, per the terms of the Stipulation, IT IS SO ORDERED. June 23, 2021 ( HON. SUNIL R. KULKARNI, JUDGE OF THE SUPERIOR COURT FOR THE COUNTY OF SANTA CLARA Date: 4852-7069-9234.1 -5- JOINT STIPULATION AND [PROPOSED] ORDER RE BELAIRE WEST NOTICE PROCESS Exhibit A Fitness Alliance, Inc., and Fitness Alliance, LLC Wage and Hour Class Action Superior Court for the State of California County 0f Santa Clara Case No. 20CV365258 NOTICE TO CURRENT AND FORMER EMPLOYEES OF FITNESS ALLIANCE, INC. and FITNESS ALLIANCE, LLC re RELEASE OF PERSONAL CONTACT INFORMATION A lawsuit has been filed by Mavrick Yoo (“Plaintiff”), a former employee of Fitness Alliance, Inc., and Fitness Alliance, LLC (“Defendants”) 0n behalf ofhimselfand current and former non-exempt employees 0f Defendants. The lawsuit is currently pending in Santa Clara County Superior Court and is entitled Mavrz'ck Yoo v. Fitness Alliance, Ina, and Fitness Alliance, LLC, Case N0. 20CV365258. In the lawsuit, Plaintiff claims that Defendants: (1) failed t0 pay minimum wages; (2) failed t0 pay overtime wages; (3) failed to provide meal periods; (4) failed to permit rest breaks; (5) failed to provide accurate itemized wage statements; (6) failed to pay all wages within the required time and upon separation 0f employment; (7) failed to keep accurate records ofhours worked; (8) violated Business and Professions Code §§ 17200, et seq. Plaintiff seeks penalties and attorneys’ fees for these alleged Violations. Defendants deny any liability or wrongdoing of any kind with respect t0 the lawsuit’s allegations. Plaintiff’ s attorneys have asked Defendants to provide them With your contact information, including your name, address, telephone number, and email address, s0 they can talk to you about your experience as an employee of Defendants. Defendants are obligated to disclose this information to Plaintiff” s attorneys, unless you obj ect. Ifyou would like t0 obj ect to the disclosure ofyour information t0 Plaintiff’ s attorneys, you need t0 submit a written statement requesting that Defendants do not disclose your contact information to Plaintiff” s attorneys. The statement should be mailed to: Fitness Alliance, Inc., and Fitness Alliance, LLC Wage and Hour Class Action [Insert name and address of administrator] Ifyou do not send a written statement by DATE [35 days from mailing] requesting Defendants not provide your contact information to Plaintiff” s attorneys, you will be deemed t0 have consented to the disclosure 0f your contact information to Plaintiff” s attorneys. Plaintiff’ s attorneys will not disclose your contact information t0 any other person or entity and will not use it for any purpose unrelated t0 this lawsuit. Regardless of whether your contact information is released, you have the right to speak to attorneys for Plaintiff if they contact you, and you also have the right NOT t0 speak t0 them if you d0 not want t0. Objecting t0 the disclosure of your contact information will not affect your right to participate, or not participate, in the lawsuit. Your decision t0 discuss 0r not discuss your experience as an employee of Defendants with Plaintiff s lawyers in this lawsuit Will not affect your employment With Defendants in any way. If you have any questions about this notice or you wish to obtain additional information regarding the pending lawsuit you may contact the attorneys for the Plaintiff. Their contact information is below: Counsel for Plaintiff: Kashif Haque Samuel A. Wong Jessica L. Campbell Carolyn M. Bell AEGIS LAW FIRM, PC 9811 Irvine Center Dr., Suite 100 Irvine, CA 92618 Telephone: 949.379.6250 Facsimile: 949.379.6251 cbell@aegislawfirm.com PLEASE D0 NOT CONTACT THE COURT ABOUT THIS NOTICE. Fitness Alliance, Inc., and Fitness Alliance, LLC Wage and Hour Class Action Superior Court for the State of California County of Santa Clara Case No. 20CV365258 This postcard must be signed and postmarked no later than [35 days from mailing] I do NOT want my name and contact information disclosed t0 Plaintiffs attorneys. Name: Address : Signature: Date: \OOOQONUI-PUJNH NNNNNNNNNt-I-Ht-I-Ht-I-Ht- OONQM$UJNHOKOOOQONMJ>WNHO CERTIFICATE OF SERVICE I, the undersigned, am employed in the County 0f Orange, State 0f California. I am over the age of 18 and not a party t0 the Within action; am employed With Aegis Law Firm PC and my business address is 9811 Irvine Center Drive, Suite 100, Irvine, California 92618. On June 23, 2021, I served the foregoing document entitled: 0 JOINT STIPULATION AND [PROPOSED] ORDER RE BELAIRE WEST NOTICE PROCESS on all the appearing and/or interested parties in this action by deliveringD the original g a true copy thereof on the party(ies) addressed below as follows: Mel M.C. Cole Courtney O. Chambers LITTLER MENDELSON, P.C. 333 Bush Street, 34th Floor San Francisco, CA 94104 Telephone: 415.433. 1940 Fax: 415.399.8490 mmcole@littler.com cchambers@littler£om Attorneysfor Defendants: FITNESS ALLIANCE, INC.; FITNESS ALLIANCE, LLC D (BY MAIL) I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service 0n that same day with postage thereon fully prepaid at Irvine, California in the ordinary course of business. I am aware that 0n motion 0f the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date 0f deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed. R. Civ. Proc. 5(a); Fed. R. Civ. Proc. 5(0).) D (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice 0f Aegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) described herein t0 be deposited for delivery to a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(0); Fed. R. Civ. Proc. 5(0).) g (BY ELECTRONIC TRANSMISSION) I caused said document(s) t0 be served Via electronic transmission Via the above listed email addresses on the date below. (Cal. Code Civ. Proc. § 1010.6(6); Fed. R. Civ. Proc. 5(b)(2)(E); Fed. R. Civ. Proc. 5(b)(3).) D (BY PERSONAL SERVICE) I delivered the foregoing document by hand delivery to the addressed named above. (Cal Code Civ. Proc. § 1011; Fed. R. Civ. Proc. 5(b)(2)(A)-) /// /// /// CERTIFICATE 0F SERVICE \OOOQONUI-PUJNH NNNNNNNNNt-I-Ht-I-Ht-I-Ht- OONQM$UJNHOKOOOQONMJ>WNHO I declare under penalty of peljury under the laws 0f the State of California that the foregoing 1s true and correct. Executed 0n June 23, 2021, at Irvine, California. a drea Drocco -2- CERTIFICATE OF SERVICE