[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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiffs,
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v.
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GUIMARRA VINEYARDS CORPORATION, )
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Defendant.
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RAPHAEL MUNOZ, et al.,

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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.

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(Doc. 134). In addition, Plaintiffs seek the appointment of V3 Corporation as Class Notice

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Administrator to take charge of the mailing the class notice. Because the parties have previously

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agreed to this appointment (See Doc. 133 at 3), Plaintiff’s request is GRANTED.

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Significantly, however, the revised Class Notice submitted by Plaintiffs fails to comply with

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the Court’s order to omit the language requiring a class member requesting exclusion to “check[] the

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appropriate box.” (See Doc. 133 at 5; Doc. 134-1 at 6). As required by the Court, there is no longer a

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box to check, so it appears the failure to delete this language is an oversight. Id. In addition, the

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“Election to be Excluded” form erroneously indicates the defendant in the action is Sunview, rather

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than Guimarra Vineards Corporation. (See Doc. 134-1 at 6).

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Given the deficiencies of the proposed Class Notice, IT IS HEREBY ORDERED:

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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);

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2.

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Plaintiff’s request for approval of the revised Class Notice is DENIED without
prejudice;

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3.

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Plaintiffs SHALL file a Class Notice curing the deficiencies identified by this Order no
later than December 2, 2013;

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4.

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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

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he/she well and truly interpreted the English version of the revised notice into Spanish.

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Failure to comply with this Order may result in the imposition of sanctions pursuant to Local Rule

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110.

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IT IS SO ORDERED.
Dated:

November 26, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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