Free Status Report - District Court of Arizona - Arizona

_ Case2:O3—md-01541-PGR D0cument193-2 Filed O9/O5/2007 P&1ge10f3

[DRAFT ORDER — NOT TO BE SIGNED OR FILED]
UNITED STATES DISTRICT COURT ·
FOR THE DISTRICT OF ARIZONA
IN RE ALLSTATE INSURANCE CO. MDL NO. 1541 (2:03md1541)
FAIR LABOR STANDARDS ACT
LITIGATION ALL CASES .
ORDER TO SHOW CAUSE RE
APPLICATION OF SUIVIIVIARY
JUDGMENT ORDER TO OPT-IN
PLAIN TIFFS
Assigned To: I-Ion. Paul G. Rosenblatt
The Court, having granted summary judgment on August 6, 2007, against
all of the Plaintiffs in the Gaglione action (the "Summary Judgment Order"), one of the
four consolidated actions in this case, `
IT IS HEREBY ORDERED that the named Plaintiffs in each of the four (4)
consolidated cases should jointly provide the Opt—In Plaintiffs with written notice
("Notice") that the Court’s Summary Judgment Order in favor of Defendants shall apply
to them unless they show cause, within __ (_) days, why that Order should not apply to
them;
IT IS FURTHER ORDERED that the Notice shall further advise the Opt-In
Plaintiffs that Defendants have agreed not to seek to recover costs against any Opt—In
Plaintiff who elects to have the Summary Judgment Order entered against them, but that
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l they intend to seek to recover all of their costs included in all of the consolidated classes
2 from any Opt—In Plaintiffs who elect not to have the Summary Judgment Order entered
_ 3 against them, should Defendants prevail against such Opt-In Plaintiffs, and that the
4 Notice shall be substantially in the form attached hereto as Exhibit A, including the return
5 form included therein; and
6 _ IT IS FURTHER ORDERED that Plaintiffs’ counsel may include with the
7 Notice whatever additional legal advice they believe is appropriate to advise the Opt—In
8 Plaintiffs regarding the choices available to them and the potential rights and obligations
9 that accompany those choices.
l0 ORDERED in Phoenix, Arizona, this __ day of September, 2007.
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‘ Paul G. Rosenblatt _
13 United States District Judge
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