Feb 04, 2015 Minute Order re Verification of Opt Out Requests

This is an unofficial transcription of a scan of a court document, the original scanned document can be viewed here.

SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SAN DIEGO
CΕΝΤRΑL

 

MINUTE ORDER

 

DATE 02/04/2015
TIME: 08:15:00 AM
DEPT: C-71
JUDICIAL OFFICER PRESIDING: Ronald S. Prager
CLERK; Candy Cheely
REPORTER/ERM: Brianna Haro CSR# 13121
BALIFF/COURT ATTENDANT. L. Wilks

CASE NO: 37–2011-00102593-CU-OE-CTL
CASE INIT.DATE: 12/16/2011
CASE TITLE: Felczer vs. Apple Inc [IMAGED]
CASE CATEGORY: Civil – Unlimited
CASE TYPE. Other employment


ΕVΕΝΤ ΤΥΡΕ:
Ex Parte


ΑΡΡΕΑRΑΝCΕS
Tyler J Belong, counsel, present for Plaintiff(s).
Jeffrey L Hogue, counsel, present for Plaintiff(s).
Joshua D. Kienitz, counsel, present for Defendant(s).


The Court makes the following disclosure on the record:

I was re-elected on June 3, 2014. ‘。 Pursuant to California Code of Judicial Ethics 3 E(2)(b)(ii), I am required to make this disclosure on the record. A list of attorneys and parties who contributed to my re-election campaign is available upon request from the clerk of this department. – Any attorney or individual who wishes to review the list may do so before proceeding with his or her
matter.

Court notes that parties negotiated and agreed upon procedure whereby the last 4 digits of social security numbers are required to verify identity of employees on opt-out postcards.

Court finds no violation of CCP1798.85(a) and CCP1798.85(b) because putative class member is not a sender and because under 1798.85(b) there is no prohibition of use of social security number for identification purposes.

Two class members, Marco Primi and Eric Kinder, have expressed concern in providing the last 4 digits of their social security numbers.

Apple will provide CPT e-mail contact information on the two individuals. CPT will notify each individual by e-mail that their employee identification number may be used in lieu of the last 4 digits of their social security number.

If additional employees express concern to Apple regarding the use of the last 4 digits of their social security numbers, Apple must forward the concerns and employee information, by way of e-mail, to the Contact administrator.

Court notes there are approximately 20,000 class members and only two class members have expressed their concern regarding social security numbers.

Plaintiff counsel to draft an order; defense counsel to approve as to form.

Wording is to be added to the CPT website (at Apple’s cost), that if any putative class member does not want to provide the last 4 digits of their social security number on an opt-out postcard, then an employee identification number is an acceptable substitute.