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FILED
SAN DIEGO SUPERIOR COURT
DEC 16 2014
CLERK OF THE SUPERIOR COURT
BY T RAY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO, CENTRAL DIVISION
BRANDON FELCZER, individually,
RYAN GOLDMAN, individually,
RAMSEY HAWKINS, individually, and
JOSEPH LANE CARCO, on behalf of themselves and all others similarly situated.
Plaintiffs.
APPLE INC., a California corporation:
and DOES 1 through 300, inclusive
Defendants.
Case No. 37–2011-00102593-CU-OL-CIL
ASSIGNED FOR ALL PURPOSES TO JUDGE HON. RONALD S. PRAGER
IMAGED FILE
ORDER APPROVING CLASS NOTICE AND METHOID OF PROVIDING THE CLASS NOTICE AND ᎤᏢᏢORTUNIᎢY Ꭲ ᎤᏢᎢ OUᎢ
Date: April 17, 2015
Time: 10:00 a.m.
Dept: C-71
Trial Date: None Set
Complaint Filed: December 16, 2011
Defendant Apple Inc.’s (“Apple”) Motion to Provide Notice to the Class came on regularly for hearing on December 16, 2014, in Department C-71 of this Court, before the Honorable – Ronald S. Prager. Upon consideration of the papers filed by the parties, and the arguments of counsel at the hearing, the Court hereby orders as follows.
A. The Class Notice
The Class Notice attached hereto as Exhibit A (“Notice”) meets the standards of California Rule of Court 3.766 and is approved.
B. The Notice And Opt-Out Process
Apple shall use *December 5, 2014* JAN 5, 2015 as the cut-off for purposes of establishing a cut-off for the following class group:
All of Apple’s non-exempt California employees who terminated their employment, whether voluntary or involuntary, as a California non-exempt employee from December 16, 2008through the present.
This shall include all class members that Apple has deemed to have “abandoned” their job.
Apple shall provide a complete list of the class members described in the Class Notice and otherwise in this Stipulation, to third party administrator, CPT Group (“TAC”), by *December* January 9 2015
Ву January 16, 2015, the TAC shall cause this Notice to be sent, via first-class mail to each of the ** Čurrent and former non-exempt employees (retail and corporate) who worked for Apple as described in the Notice.
For current and former employees, the Notice will be mailed to their lastknown mailing
address in Apple’s possession.
If the Notice mailed to any class member is returned and received by the administrator as non-deliverable before the fifteenth (15″) day after the Notice was originally mailed, the administrator will run a skip trace on that individual and re-mail the notice to the address resulting from the skip trace within three business days of the date the non-delivered Notice is returned to the administrator. The re-mailing of a Notice does not restart or extend the deadline to opt out of the case.
The deadline to opt out of the class shall be 3/2, 2015, after the date the Notice
is mailed. Any such opt-out postcards must be fully completed, signed, and postmarked by the
deadline.
Neither Plaintiffs, Defendant, nor any of their respective counsel, shall make any effort, directly or indirectly, to encourage opt-outs or otherwise affect the free choice of potential class members whether to participate in this action.
C. Cost of Providing Notice
Costs shall be allocated as follows: Apple 50 % and Plaintiffs 50%.
IS SO ORDERED
Dated: DEC 16 2014.
Signed by:
Judge Ronald S. Prager
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