[GSA] Munoz et al v. Giumarra Vineyards Corporation

Filing 135

ORDER DENYING WITHOUT PREJUDICE Plaintiffs' Request for Approval of the Revised Class Notice; Order Appointing Class Notice Administrator re 134 ; ORDER DIRECTING PLAINTIFF to file an Amended Class Notice No Later Than December 2, 2013, signed by Magistrate Judge Jennifer L. Thurston on 11/27/2013. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 ) ) Plaintiffs, ) ) v. ) GUIMARRA VINEYARDS CORPORATION, ) ) ) Defendant. ) ) ) RAPHAEL MUNOZ, et al., 17 18 Case No.: 1:09-cv-00703- AWI-JLT ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS’ REQUEST FOR APPROVAL OF THE REVISED CLASS NOTICE; ORDER APPOINTING CLASS NOTICE ADMINISTRATOR (Doc. 134) ORDER DIRECTING PLAINTIFFS TO FILE AN AMENDED CLASS NOTICE NO LATER THAN DECEMBER 2, 2013 On November 15, 2013, Plaintiffs submitted a revised Class Notice for the Court’s approval. 19 (Doc. 134). In addition, Plaintiffs seek the appointment of V3 Corporation as Class Notice 20 Administrator to take charge of the mailing the class notice. Because the parties have previously 21 agreed to this appointment (See Doc. 133 at 3), Plaintiff’s request is GRANTED. 22 Significantly, however, the revised Class Notice submitted by Plaintiffs fails to comply with 23 the Court’s order to omit the language requiring a class member requesting exclusion to “check[] the 24 appropriate box.” (See Doc. 133 at 5; Doc. 134-1 at 6). As required by the Court, there is no longer a 25 box to check, so it appears the failure to delete this language is an oversight. Id. In addition, the 26 “Election to be Excluded” form erroneously indicates the defendant in the action is Sunview, rather 27 than Guimarra Vineards Corporation. (See Doc. 134-1 at 6). 28 /// 1 1 Given the deficiencies of the proposed Class Notice, IT IS HEREBY ORDERED: 2 1. V3 Corporation is APPOINTED the Class Notice Administrator, and SHALL comply with the deadlines set forth in the Court’s order dated November 18, 2013 (Doc. 133); 3 2. 4 Plaintiff’s request for approval of the revised Class Notice is DENIED without prejudice; 5 3. 6 Plaintiffs SHALL file a Class Notice curing the deficiencies identified by this Order no later than December 2, 2013; 7 4. 8 No later than December 2, 2013, Plaintiffs SHALL file a declaration by the certified court interpreter who translated the revised Class Notice into Spanish, attesting that 9 he/she well and truly interpreted the English version of the revised notice into Spanish. 10 11 Failure to comply with this Order may result in the imposition of sanctions pursuant to Local Rule 12 110. 13 14 15 16 IT IS SO ORDERED. Dated: November 26, 2013 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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