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SIMPSON v. NEW YORK STATE DEPARTMENT OF CIVIL SERVICE

United States District Court, N.D. New York


August 17, 2005.

MERTON D. SIMPSON, et al., Plaintiffs,
v.
NEW YORK STATE DEPARTMENT OF CIVIL SERVICE, et al., Defendants.

The opinion of the court was delivered by: DAVID HURD, District Judge

ORDER

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

  ORDERED that

  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.

20050817

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