Heldt v. Tata Consultancy Services, LTD

Northern District of California, cand-4:2015-cv-01696

ORDER RE: PENDING ADMINISTRATIVE MOTIONS re {{508}} ADMINISTRATIVE MOTION for Clarification or Leave to Move for Reconsideration re {{498}} Order on Motion for Miscellaneous Relief filed by Nobel Mandili, Seyed Amir Masoudi, Christopher Slaight, {{507}} ADMINISTRATIVE MOTION Requesting Telephonic Hearing Regarding Update to Corrective Notice re {{469}} Order filed by Tata Consultancy Services, Ltd, {{506}} ADMINISTRATIVE MOTION Requesting Telephonic Hearing Regarding Depositions of Recently-Identified Witnesses filed by Tata Consultancy Services, Ltd.The Court DENIES plaintiffs' request for leave to file a motion for reconsideration of the Court's 9/10/18 order. Currently set 10/1/18 at 11:00am telephone conference date is maintained. Signed by Judge Yvonne Gonzalez Rogers on 9/27/18.

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 CHRISTOPHER SLAIGHT, ET AL., CASE NO. 15-cv-01696-YGR 7 Plaintiffs, ORDER RE: PENDING ADMINISTRATIVE 8 vs. MOTIONS 9 TATA CONSULTANCY SERVICES, LTD, Re: Dkt. Nos. 506, 507, 508 10 Defendant. 11 12 The Court has received and reviewed the administrative motions filed by defendant Tata Northern District of California United States District Court 13 Consultancy Services, Ltd ("TCS") (Dkt. Nos. 506, 507) and by plaintiffs (Dkt. No. 508). 14 With respect to TCS's administrative motion requesting telephone hearing regarding 15 depositions of recently-identified witnesses (Dkt. No. 506), the Court CLARIFIES that during the 16 September 21, 2018, the Court did not "rule[] that TCS would be allowed to depose such newly- 17 identified persons" (Dkt. No. 506 at 1), but only provided guidance in light of parties' then- 18 upcoming meet-and-confer session. Given the parties agreement, which the Court supports, the 19 Court now ORDERS that the depositions of the newly-identified witnesses shall last no longer than 20 four (4) hours. 21 Regarding plaintiffs' administrative motion (Dkt. No. 508), the Court CLARIFIES that its 22 September 10, 2018 order requires return of severance payment as a condition to participate in the 23 instant class action. Plaintiffs have not presented newly discovered evidence, shown that the 24 Court committed a clear error, or pointed to an intervening change in the controlling law. Kona 25 Enters, Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000). Plaintiffs' reiteration of their 26 arguments in support of their initial motion to invalidate the release agreements do not warrant this 27 "extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial 28 resources." Id. Accordingly, the Court DENIES plaintiffs' request for leave to file a motion for 1 reconsideration of the Court's September 10, 2018 order. 2 With respect to TCS's administrative motion requesting telephonic hearing regarding 3 update to corrective notice (Dkt. No. 507), the Court GRANTS IN PART defendant's request to 4 update the previously-issued corrective notice. The Court has reviewed and revised the proposed 5 update notice, attached herein as Exhibit A. The Court believes the revisions provide the best 6 practicable approach under the circumstances as to protect the effected class members. A redlined 7 editable version of the proposed update notice will be sent as a courtesy via email to counsel of 8 record. The Court will discuss the revisions to the proposed update notice during the telephone 9 conference currently scheduled for 11 a.m. on Monday October 1, 2018 unless the parties jointly 10 agree to this approach in advance, in which case, the revised notice may be issued. Additionally, 11 as noted during the September 21, 2018 telephone conference, the parties should be prepared to 12 discuss their progress with respect to the deadlines articulated in the Court's Pretrial Orders No. 1 Northern District of California United States District Court 13 and 2, found at Docket Numbers 431 and 495. 14 This Order terminates Docket Numbers 506, 507, and 508. 15 IT IS SO ORDERED. 16 17 Dated: September 27, 2018 YVONNE GONZALEZ ROGERS 18 UNITED STATES DISTRICT COURT JUDGE 19 20 21 22 23 24 25 26 27 28 2 EXHIBIT A 1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 CHRISTOPHER SLAIGHT, ET AL., CASE NO. 15-cv-01696-YGR 7 Plaintiffs, CLASS ACTION 8 vs. UPDATE REGARDING CORRECTIVE NOTICE 9 TATA CONSULTANCY SERVICES, LTD, TO CLASS MEMBERS 10 Defendant. 11 12 TO: ALL POTENTIAL CLASS MEMBERS WHO SIGNED SEPARATION AND Northern District of California United States District Court 13 RELEASE AGREEMENTS WITH TATA CONSULTANCY SERVICES, LTD. ("TCS"): 14 You are receiving this notice because you are a potential class member in the class action 15 lawsuit Slaight, et al. v. Tata Consultancy Services, Ltd., No. 4:15-cv-1696-YGR. The class in 16 this lawsuit is defined as "All individuals who are not of South Asian race or Indian national 17 origin who were employed by TCS in the United States, were subject to a policy or practice of 18 benching and allocation, were placed in an unallocated status and were terminated between April 19 14, 2011 and December 27, 2017 and who are not bound by an arbitration agreement with TCS." 20 You may or may not be part of this class. 21 Records produced in the case indicate that you signed a Separation and Release Agreement 22 ("Release Agreement") with TCS agreeing to waive any and all legal claims against TCS in 23 exchange for a monetary severance payment. As you were previously notified, the Court has 24 found that if you fall under the definition of a class member, you may participate in this lawsuit 25 even though you signed a Release Agreement. However, the Court has recently determined 26 that if you choose to participate in this lawsuit, you will be obligated to return the settlement 27 payment that you received pursuant to the Release Agreement. You have two options: 28 1 1. Do Nothing: 2 If you DO NOTHING and thereby keep the settlement payment you previously received, 3 you will be deemed to have opted-out of the Class, you will retain your settlement payment, and 4 your Release Agreement will remain in full effect. 5 2. Participate and Return Severance: 6 You may choose to participate in the lawsuit. To do so, you must contact Class Counsel at 7 (202) 922-6148 or ClassCounsel@kotchen by Friday, November 2, 2018 and return the 8 severance payment. Because you are returning the severance payment, your Release Agreement 9 will be deemed VOID and RESCINDED. 10 The Court takes no position in this case as to the parties' claims and has not issued any 11 determinations regarding the merits of the lawsuit. You are being sent this update to the 12 previously-issued Corrective Notice to allow you to make an informed choice as to whether you Northern District of California United States District Court 13 wish to participate in the lawsuit in light of your Release Agreement. The decision is yours. 14 If you have any questions with respect to this action or about this Corrective Notice, you 15 may direct such questions to Class Counsel. They may be contacted at (202) 922-6148 or 16 ClassCounsel@kotchen.com. 17 YOU SHOULD NOT CONTACT THE COURT OR TCS WITH QUESTIONS. 18 19 THIS NOTICE AND ITS CONTENT HAVE BEEN APPROVED BY 20 JUDGE YVONNE GONZALEZ ROGERS, 21 U.S. DISTRICT COURT, NOTHERN DISTRICT OF CALIFORNIA. 22 23 Dated: September _ 2018 YVONNE GONZALEZ ROGERS 24 UNITED STATES DISTRICT COURT JUDGE 25 26 27 28 2