United States District Court, N.D. New York
August 17, 2005.
MERTON D. SIMPSON, et al., Plaintiffs,
NEW YORK STATE DEPARTMENT OF CIVIL SERVICE, et al., Defendants.
The opinion of the court was delivered by: DAVID HURD, District Judge
On July 8, 2005, an Order was entered granting plaintiffs'
motion to certify the class. Thereafter, plaintiffs submitted a
proposed order, and defendants objected. Because defendants are
in sole possession of the information about prospective class
members, it is appropriate that defendants provide the plaintiffs
with the information necessary to provide the notice. See
LaFlamme v. Carpenters Local #370 Pension Plan, 212 F.R.D. 448,
460 (N.D.N.Y. 2003). Costs of providing the notice will be borne by
plaintiffs. See id. Upon due consideration of the proposals
of the parties, it is hereby
1. Defendants provide the names and home address of each
African American and Hispanic individual who, since 1996, took a
New York State Civil Service Battery Test or Battery-like open
competitive promotion test whose employment was adversely
affected (as defined in the class notice) by their score on those
tests to plaintiffs on or before November 18, 2005;
2. Class counsel send the Notice of Class Action in the form
issued by the Clerk of the Court by First Class Mail to all class
members, at the address provided by defendants, on or before
January 18, 2006; and
3. Class counsel shall notify defendants' counsel of the
identity of any person who has opted out of the class withing
fifteen (15) days of an Exclusion Request.
IT IS SO ORDERED.
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