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Wang v. Chinese Daily News, Inc.

Citations: 236 F.R.D. 485; 65 Fed. R. Serv. 3d 632; 2006 U.S. Dist. LEXIS 66725; 2006 WL 1624548Docket: No. CV 04-1498CBM(JWJX)

Court: District Court, C.D. California; June 7, 2006; Federal District Court

Narrative Opinion Summary

This case involves allegations of labor violations by Defendants under the Fair Labor Standards Act, the California Business and Professions Code, and the California Labor Code. Following class certification, Plaintiffs filed a motion to invalidate opt-outs, issue curative notices, and restrict Defendants' communications with the class. The Court found the opt-out process was compromised by Defendants' coercive tactics, such as mandatory meetings and intimidation, which led to an unusually high opt-out rate of 75-80%. Under Federal Rule of Civil Procedure 23(d), the Court invalidated the opt-outs, granted post-judgment curative notices, and restricted Defendants' communications to prevent further coercion. The Court also addressed evidentiary objections, admitting certain declarations while striking others based on relevance and admissibility standards. Ultimately, the Court's decision focused on ensuring that class members' rights were protected from improper influence, maintaining the integrity of the class action process. The outcome favored the Plaintiffs, allowing the class action to proceed with the original class size intact.

Legal Issues Addressed

Evidentiary Objections in Class Action Litigation

Application: The Court ruled on evidentiary objections, sustaining some and overruling others, particularly noting admissibility of party-opponent statements.

Reasoning: Defendants objected to declarations from Lynne Wang, Jeffrey Sun, Maria Stroud, and Joseph Fisher based on lack of personal knowledge and hearsay. The Court sustained some objections while overruling others, particularly noting that statements from party-opponents are admissible.

Invalidation of Opt-Outs under Rule 23(d)

Application: The Court invalidated the opt-outs due to coercive tactics employed by the Defendants, which compromised the independence of the decision-making process of the class members.

Reasoning: Consequently, the Court finds that these opt outs were not the result of independent decision-making and, under Rule 23(d), grants the Plaintiffs’ motion to invalidate the opt outs.

Issuance of Post-Judgment Curative Notices

Application: The Court granted the issuance of curative notices to inform those who opted out that they remain class members, due to the coercive environment affecting the opt-out process.

Reasoning: Plaintiffs request a curative notice to inform those who opted out that they remain class members, seeking to proceed with the trial as scheduled rather than instituting a new opt-out period.

Restriction of Defendants' Communication with Class Members

Application: The Court restricted communications between Defendants and class members to prevent coercive pressures and maintain fairness in litigation.

Reasoning: The Court found substantial likelihood of severe harm from such communications and no less burdensome alternatives, thus granting the Plaintiffs’ request to limit Defendants’ communications with the class.