1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ADRIANNA JARRETT, et al., Case No. 23-cv-00677-EMC

8 Plaintiffs, ORDER RE STIPULATION TO 9 v. CONDITIONAL CERTIFICATION

10 [24]7.AI, INC., Docket No. 40 11 Defendant.

12 13 14 The Court has reviewed the parties’ stipulation to conditional certification. The stipulation 15 is acceptable in principle, but there are some areas where the Court has follow-up questions. 16 1. Definition of Collective 17 The collective is defined so that it covers the three years preceding the filing of the 18 complaint up through and including judgment. See Prop. Order ¶ 1; see also Stip., Ex. A (Long- 19 Form Notice at 1) (directing the notice to “All current and former hourly Customer Service 20 Representatives who worked for [24]7.ai, Inc. on or at any time after February 15, 2020 to the 21 present”). Does a specific end date need to be included – such as the date the notice is issued? Cf. 22 Gomez v. J. Jacobo Farm Labor Contr., Inc.,

, 250 (E.D. Cal. 2019) (in class 23 certification context, noting that “‘[a]n end date of “the present” creates a moving target and 24 presents potential case management problems’”). 25 2. Long-Form Notice (Exhibit A) 26 Regarding Question 3, there is a description of the means by which a collective member 27 may send in a consent form (e.g., by mail, email). The notice states that “you may request to 1 sentence is not clear: why does a collective member need to email the Notice Administrator to 2 submit a consent form online? The Court also notes that submission of a consent form online is 3 not mentioned in the short-form notice. 4 3. Consent Form 5 The last paragraph of the consent form states: “I also consent to join any separate or 6 subsequent action to assert my claims against [24]7.ai, Inc. and/or any related entities or persons 7 || potentially liable.” Is this statement necessary? Why has it been included? The phrase “my 8 || claims” is also arguably vague. 9 The parties shall file a joint brief within a week of the date of this order. 10 11 IT IS SO ORDERED. 12

13 Dated: June 28, 2023

4 LL

15 = fLe—__ 2 EDWARD M. CHEN a 16 United States District Judge

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