Case Name: Brunella M. Conti Gaggero vs. Netflix, Inc.
Case No.: 1-12-CV-226587

This is a continued motion for preliminary approval of class action settlement. On May 8, 2014, the Court issued a tentative ruling continuing the motion with instructions to Plaintiff Brunella M. Conti Gaggero (“Plaintiff”) to provide further details and evidence supporting provisional certification of the settlement class, particularly with regard to the requirement that common issues of law and fact predominate. The Court also ordered Plaintiff to amend various portions of the proposed class notice. On May 9, 2014, the tentative was adopted as the Order of the Court.

On May 20, 2014, Plaintiff filed a supplemental brief attaching a revised class notice that conforms to the instructions in the Court’s May 8, 2014 tentative ruling. Plaintiff’s supplemental brief also discusses the following common issues of law and fact with regard to the putative settlement class: (1) Plaintiff and putative class members in defendant Netflix, Inc.’s (“Defendant”) Quality Control Department were instructed by their supervisor as to when they could take their meal periods and were not provided a second 30-minute meal break whenever they worked shifts over 10 hours; and (2) when Plaintiff and the putative class members worked shifts in which they started work at 2:30 a.m., they were not provided a meal break until 8:00 a.m., which is more than five hours after the start of the shift.

Although the Court may apply a “lesser standard of scrutiny for settlement cases[,]” (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1807, fn. 19.), Plaintiff must still provide some evidence in support of provisional class certification such as a declaration of counsel, class representative or other competent declarant attesting to Defendant’s common policies regarding meal and rest breaks for members of the putative settlement class. (See Cal. Rules of Court, rule 2.764(c)(3) [documents in support of motion to certify class].)

The motion is CONTINUED to July 11, 2014 at 9:00 a.m. Within 20 days, Plaintiff shall provide evidence supporting the class action requirement that common issues of law and fact predominate for the putative settlement class.