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 9, 2014, the Court continued 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 20, 2014, Plaintiff filed a supplemental brief attaching a revised class notice and discussing 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.[1]

On June 13, 2014, the Court again continued the motion for preliminary approval with instructions to 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].)

On July 8, 2014, Plaintiff filed a supporting declaration that provides evidentiary support for the common issues of law and fact discussed in Plaintiff’s briefs.  Specifically, Plaintiff provides that during her employment with Defendant, she and her co-workers were instructed by department supervisors on when they could take their meal periods, which was often well after the end of the fifth hour of their work shifts.[2]

Based on the moving and supplemental papers and the findings made in the Court’s prior tentative rulings, the Court GRANTS the motion for preliminary approval of the class action settlement and class notice procedures, and conditional certification of a settlement class of all non-exempt hub operations and central operations employees employed by Netflix within the State of California at any point between June 15, 2008 and the date of this preliminary approval Order who did not previously sign a release of employment claims.

The hearing for final approval of the settlement is scheduled for October 17, 2014 at 9:00 a.m. in Department 1.  Papers supporting Plaintiff’s request for attorney’s fees and costs and final approval of the settlement must be filed no later than fourteen (14) calendar days before the final approval hearing.