Opinion
19-cv-10104 (ER) (KHP)
01-04-2024
MICHELE METCALF and HANNAH LAWSON, individually and on behalf of all others similarly situated, Plaintiffs, v. TRANSPERFECT TRANSLATIONS INTERNATIONAL, INC., Defendant.
FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER, LLP Jeremiah Frei-Pearson, Esq. Andrew C. White, Esq. Erin Kelley, Esq. Jeremiah Frei-Pearson, Esq. Andrew C. White, Esq. Erin Kelley, Esq. DLA PIPER LLP (US) Daniel Turinsky, Esq. Garrett D. Kennedy, Esq. Ryan O'Connor, Esq Attorneys for Defendant
FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER, LLP Jeremiah Frei-Pearson, Esq. Andrew C. White, Esq. Erin Kelley, Esq. Jeremiah Frei-Pearson, Esq. Andrew C. White, Esq. Erin Kelley, Esq.
DLA PIPER LLP (US) Daniel Turinsky, Esq. Garrett D. Kennedy, Esq. Ryan O'Connor, Esq Attorneys for Defendant
STIPULATED PROTECTIVE ORDER
Katharine H. Parker, United States Magistrate Judge
WHEREAS, Magistrate Judge Parker has ordered all of the parties to this action (collectively, the “Parties” and each individually, a “Party”) to submit a protective order in connection with a survey of those employees and former employees of Defendant who fall within the certified class (the “Class Members”)in an effort to determine hours worked during the period from December 31, 2018 through September 30, 2019 (the “Survey”);
The parties have submitted objections to the certified class, as defined in the Court's Report and Recommendation issued on November 6, 2023 (Dkt. No. 282). See Dkt. Nos. 288, 290, 294-95. The term “Class Members” may be refined in Judge Edgardo Ramos's forthcoming order, which may either accept, reject, or modify, in whole or in part, the Court's Report and Recommendation issued on November 6, 2023 (Dkt No. 282).
WHEREAS, Plaintiffs have represented that they intend to have a designated expert witness conduct the Survey, in addition to a designed survey administer;
WHEREAS, Defendant intends to retain a rebuttal expert witness in connection with the Survey;
WHEREAS, the Parties, through counsel, agree to the following terms; and
WHEREAS, this Court finds that good cause exists for issuance of an appropriately tailored protective order governing the Survey;
IT IS HEREBY ORDERED that the Parties to this action, their respective officers, agents, servants, employees, and attorneys, any other person in active concert or participation with any of the foregoing, and all other persons with actual notice of this Order will adhere to the following terms, upon pain of contempt:
1. Defendant shall not engage in any communications relating to the Survey with the Class Members, while the Survey is being prepared and conducted, provided, however, that it shall not be a violation of this Order for Defendant's managers to direct questions that they may receive regarding the Survey from Class Members to the designated survey administrator, provided that in no event shall such directions be substantive, coercive or intended to influence any Class Member's response to the survey in any way; and
2. Plaintiffs shall not engage in any communications relating to the Survey with any Class Members while the Survey is being prepared and conducted, provided, however, that it shall not be a violation of this Order for Plaintiffs or their counsel to direct questions that they may receive regarding the Survey from Class Members to the designated survey administrator, provided that in no event shall such directions be substantive, coercive, or intended to influence any Class Member's response to the survey in any way.
SO STIPULATED.
SO ORDERED.