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Stipulation on Conditional Certification

Stipulation on Conditional Certification

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Published by Merle Payne

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Published by: Merle Payne on Sep 26, 2012
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11/29/2012

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UNITED STATES DISTRICT COURTDISTRICT OF MINNESOTA
Marco A. Alvarez, et al.,Plaintiffs, Civil File No. 11-CV-3106 (SRN/TNL)v. Diversified Maintenance Systems, LLC,et al.,Defendants.
PARTIES’ STIPULATION TO CONDITIONAL CERTIFICATIONAND NOTICE AND [PROPOSED] ORDER STIPULATION
Counsel for the parties in the above matter have met and conferred and file thisstipulation as a resolution of Plaintiffs’ Motion for Conditional Certification and Notice(Dkt. 56), which is currently scheduled to be heard by the Court on Friday, September 31,2012. By and through their undersigned counsel, the parties hereby stipulate as follows:
1.
 Notice will be sent to all employees from the stores listed on Exhibit C toMr. Peter Belusic’s Declaration (Dkt. 64). Persons employed at stores serviced bysubcontractors’ employees and project-only stores will be excluded from the notice.
2.
The list of employees and their contact information will be provided byDefendant within ten (10) business days of the Order on this Stipulation. Defendant will
CASE 0:11-cv-03106-SRN-TNL Document 78 Filed 08/30/12 Page 1 of 3
 
2
make reasonable efforts to provide sufficient information to assist Plaintiffs in their attempts to provide notice to all persons on the list.
3.
The Notice and Consent Form will be in the form as attached to thisStipulation and Order as Exhibit A.
4.
The Notice will be delivered by mail only, and Plaintiff’s counsel isauthorized to send one reminder letter prior to the end of the sign-up period.
5.
The sign-up period will be for 60 days from the date Plaintiffs’ send the Notice. Plaintiffs will send the notice within ten (10) business days of receivingemployee contact information.
6.
Plaintiffs will file consents to join on a weekly basis.
7.
The litigation (including all discovery and motion practice and responses tooutstanding motions and other pleadings) will be stayed for a period of 90 days with theexception of the exchange of information necessary to facilitate a successful mediation.If necessary, the parties will seek assistance from Magistrate Judge Leung informallythrough telephone conferences and/or letters.
8.
The parties will mutually select a mediator and conduct a mediation in goodfaith within the 90 day stay period.
9.
Plaintiffs’ motion for punitive damages (Dkt. 72) will be part of the stay. If the mediation is unsuccessful, Plaintiffs will re-notice the motion and Defendant willrespond accordingly.
CASE 0:11-cv-03106-SRN-TNL Document 78 Filed 08/30/12 Page 2 of 3

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