Opinion
2:20-cv-397RSL
02-14-2023
ELI BICKERTON, Plaintiff, v. HYATT CORPORATION, et al., Defendants.
Craig J. Ackermann, WSBA #53330 Brian Denlinger, WSBA #53177 ACKERMANN & TILAJEF, P.C. India Lin Bodien, WSBA #44898 Law Offices of India Bodien, Esq. Attorneys for Plaintiff Eli Bickerton Helen M. McFarland, WSBA #51012 SEYFARTH SHAW LLP Noah A. Finkel (admitted pro hac vice) SEYFARTH SHAW LLP Ryan McCoy (admitted pro hac vice) SEYFARTH SHAW LLP Attorneys for Defendant Hyatt Corporation
Craig J. Ackermann, WSBA #53330
Brian Denlinger, WSBA #53177
ACKERMANN & TILAJEF, P.C.
India Lin Bodien, WSBA #44898
Law Offices of India Bodien, Esq.
Attorneys for Plaintiff Eli Bickerton
Helen M. McFarland, WSBA #51012
SEYFARTH SHAW LLP
Noah A. Finkel (admitted pro hac vice)
SEYFARTH SHAW LLP
Ryan McCoy (admitted pro hac vice)
SEYFARTH SHAW LLP
Attorneys for Defendant Hyatt Corporation
JOINT STIPULATION TO DISSEMINATE CORRECTIVE POSTCARD NOTICE
HONORABLE ROBERT S. LASNIK
Plaintiff Eli Bickerton (“Plaintiff”) and Defendants Hyatt Corporation, Hyatt Corporation DBA Hyatt Olive 8, and Hyatt Corporation DBA Grand Hyatt Seattle (“Defendants”) (together, the “Parties”) hereby notify the Court as follows:
WHEREAS, after a productive exchange of informal discovery and class data and information, and after informed, arms-length, and non-collusive negotiations, including participating in two private mediation sessions with highly respected wage-and-hour mediator, Nancy Maisano, as well as subsequent negotiations via phone calls and email correspondence over a period of several weeks, the Parties resolved this matter on a class-wide basis and entered into the Class Action Settlement Agreement [Dkt. No. 37-1];
WHEREAS, Plaintiff filed his Unopposed Motion for Preliminary Approval of Class Action Settlement on September 6, 2022 [Dkt No. 36];
WHEREAS, in the Court's Order Granting Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement (the “PA Order'), the Court preliminarily approved the Parties' Class Action Settlement Agreement on November 21, 2022 [Dkt. No. 40] and directed the mailing of the Class Notice to the Class Members;
WHEREAS, pursuant to the PA Order, the Settlement Administrator timely disseminated the Class Notice to Class Members on January 5, 2023;
WHEREAS, on January 31, 2023, counsel for Defendants informed Plaintiff's counsel that approximately 214 individuals had been erroneously included in the class list provided to the Settlement Administrator (these 214 individuals shall be referred to as “Non-Class Member Individuals” for purposes of this Stipulation), as Defendants' counsel had determined the Non-Class Member Individuals did not meet the definition of a “Class Member” under the Settlement Agreement and wished to correct the issue after meeting and conferring with Plaintiff's counsel;
WHEREAS, the Non-Class Member Individuals have received the Class Notice by mistake;
WHEREAS, the Parties agree that the Non-Class Member Individuals are not Class Members in this case, and therefore they should not receive any money under the settlement, and they will not release any claims against Defendants.
WHEREAS, in order to correct the issue of the Non-Class Member Individuals' receipt of the Class Notice by mistake, the Parties wish to send a corrective postcard notice to the Non-Class Member Individuals that will, among other information, advise them that they received the original Class Notice by mistake, that they are not (and never were) Class Members in this case, that they will not get any money under the settlement, and they will not release any claims against Defendants.
WHEREAS, the Parties' proposed corrective postcard notice to be sent to the Non-Class Member Individuals inadvertently included in the class list is attached hereto as Exhibit A.
WHEREAS, the Parties do not believe that all Class Members need to be advised of the inadvertent inclusion of the individuals because the exclusion of the Non-Class Member Individuals only increases the relative share of the settlement that Class Members will receive;
WHEREAS, Defendants will separately pay the costs associated with the dissemination of the corrective postcard notice to the Non-Class Member Individuals;
NOW THEREFORE, in light of the Parties' agreement, the Parties hereby stipulate and request that the Court authorize dissemination of the corrective postcard notice attached hereto as Exhibit A.
IT IS SO STIPULATED.
ORDER
Having considered the joint stipulation submitted by the Parties and for good cause appearing, the Court hereby authorizes the Parties, through the Settlement Administrator, to disseminate the corrective postcard notice to the approximately 214 Non-Class Member Individuals who were inadvertently included in the class list provided to the Settlement Administrator and sent a Class Notice. If the parties have email addresses for these Non-Class Member Individuals, the corrective notice should also be disseminated by email. Defendants will separately pay the Settlement Administrator costs associated with dissemination of the corrective postcard and, if applicable, email notice.
IT IS SO ORDERED.