Free Notice (Other) - District Court of California - California

Case 4:08-cv-02670-CW

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Kelly M. Dermody (Cal. Bar No. 171716) Jahan C. Sagafi (Cal. Bar No. 224887) LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 E-Mail: [email protected] E-Mail: [email protected] Richard C. Haber (Ohio Bar No. 0046788) Laura L. Volpini (Ohio Bar No. 0075505) HABER POLK LLP Eaton Center, Suite 620 1111 Superior Avenue Cleveland, Ohio 44114 Telephone: (216) 241-0700 Facsimile: (216) 241-0739 E-Mail: [email protected] E-Mail: [email protected] Attorneys for Plaintiffs and the proposed Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO / OAKLAND DIVISION MARTIN LEWIS and AARON COOPER, on behalf of themselves and a class of those similarly situated, Plaintiffs, v. The Honorable Joseph C. Spero WELLS FARGO & CO., Defendant. Case No. 08-2670 JCS NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING PURSUANT TO LOCAL RULE 3-13

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NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING CASE NO. 08-2670 JCS

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TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE, pursuant to Local Rule 3-13, Plaintiffs Martin Lewis and Aaron Cooper provide notice that the instant action ("Lewis") involves (a) all or a material part of the same subject matter and (b) all or substantially all of the same parties as Russell v.

5 6 7 8 9 10 11 12 I. 13 14 15 16 17 18 19 20 Infrastructure Group, or "TIG"), the nature of the work performed by TIG employees, and the 21 22 23 24 25 26 27 28
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Wells Fargo & Co., Case No. 07-3993 CW (N.D. Cal.) ("Russell"). In addition to this Notice, Plaintiffs are simultaneously filing an Administrative Motion To Consider Whether Cases Should Be Related (and a supporting Declaration and Proposed Order) in the Russell Case, pursuant to Local Rule 3-12. Chambers copies of that Administrative Motion and supporting documents as well as this Notice are being provided to the Courts in both Lewis and Russell. ARGUMENT First, both Russell and Lewis involve allegations by classes of technical support workers employed by Wells Fargo & Company ("Wells Fargo") that Wells Fargo misclassified those classes of employees as exempt from the overtime pay requirements of the Fair Labor Standards Act, and that those classes of employees worked overtime hours for which they were not compensated. Wells Fargo's policies and procedures regarding exemption classification decisions, the organization of its Information Technology department (called Technology

overtime hours worked by TIG employees are among the issues central to the subject matter of both Russell and Lewis. Second, both cases involve identical defendants (Wells Fargo). Third, the two cases involve potentially overlapping plaintiff class populations, because some individuals may fit within the class definitions of both cases. Specifically, the Russell class is defined in relevant part as Wells Fargo employees nationwide who worked in the
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Technology Information Group "with the primary job duties of providing computer support, including persons with the job title `PC/LAN Engineers,'" and the Lewis class is defined in relevant part as Wells Fargo employees nationwide who work or worked as "technical support workers with the primary duties of installing, maintaining, and/or supporting computer software

5 6 7 8 9 10 11 12 II. 13 14 15 16 17 18 19 20 action be assigned to Judge Claudia Wilken and coordinated with Russell. 21 22 23 24 25 26 27 28
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and/or hardware, including but not limited to Network Engineers, but excluding PC/LAN Engineers." Plaintiffs believe that the classes include at least several hundred class members each. Although the class definitions are non-overlapping, individuals who satisfy both class definitions (i.e., they worked in both a PC/LAN Engineer position and a non-PC/LAN Engineer technical support position during the appropriate class periods) would be class members in both cases. CONCLUSION In sum, the parties, their counsel, and the Court would benefit from assignment of Lewis to Judge Wilken, who presides over Russell, and coordination of the two cases. This will allow the parties to conduct discovery expeditiously and efficiently, enable the Court to decide similar issues that arise in both cases with consistency and efficiency, and facilitate the communication of case status updates to class members. For the reasons set forth above, Plaintiffs respectfully request that the instant

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NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING CASE NO. 08-2670 JCS

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Dated: May 29, 2008

Respectfully submitted,

By:

/s/ Jahan C. Sagafi Jahan C. Sagafi

Kelly M. Dermody (Cal. Bar No. 171716) Jahan C. Sagafi (Cal. Bar No. 224887) LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 E-Mail: [email protected] E-Mail: [email protected] Richard C. Haber (Ohio Bar No. 0046788) Laura L. Volpini (Ohio Bar No. 0075505) HABER POLK LLP Eaton Center, Suite 620 1111 Superior Avenue Cleveland, Ohio 44114 Telephone: (216) 241-0700 Facsimile: (216) 241-0739 E-Mail: [email protected] E-Mail: [email protected] Attorneys for Plaintiffs and the proposed Class

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NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING CASE NO. 08-2670 JCS