Lopez Cruz et al v. El Rancho Farms et al

Filing 48

ORDER DENYING Plaintiffs' Request for Approval of the Revised Class Notice; ORDER DIRECTING Plaintiffs to File an Amended Class Notice No Later Than December 5, 2014, signed by Magistrate Judge Jennifer L. Thurston on 12/4/2014. (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 MARGARITA ROSALES, et al., Plaintiffs, 12 13 14 v. EL RANCHO FARMS, et al., 15 16 Defendants. ANGEL LOPEZ CRUZ, et al., 17 Plaintiffs, 18 v. 19 EL RANCHO FARMS, et al., 20 Defendants. 21 22 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:12-cv-01934- AWI-JLT ORDER DENYING PLAINTIFFS’ REQUEST FOR APPROVAL OF THE REVISED CLASS NOTICE ORDER DIRECTING PLAINTIFFS TO FILE AN AMENDED CLASS NOTICE NO LATER THAN DECEMBER 5, 2014 Plaintiffs Angel Lopez Cruz and Angelica Alvarez have submitted a revised Class Notice for 23 the Court’s approval. (Doc. 47.) Significantly, however, the revised Class Notice submitted by 24 Plaintiffs fails to comply with the Court’s order related to the designation of a cy pres beneficiary. 25 In the proposed Class Notice, Plaintiffs assert: “The Court will decide at the March 20, 2015 26 Final Approval and Fairness hearing which organization, between California Rural Legal Assistance 27 (“CRLA”) and The Boys and Girls Club of Kern County (“Boys & Girls Club”), will receive all 28 unclaimed settlement funds.” (Doc. 47 at 10.) However, in granting preliminary approval of class 1 1 settlement the Court encouraged the parties to resolve the issue without Court involvement, noting 2 issues related to the cy pres beneficiary are not ripe for adjudication unless and until there are 3 unclaimed funds. (Doc. 173 at 8) (citing Dennis v. Kellogg Co., 697 F.3d 858, 865 (9th Cir. 2012)). 4 Accordingly, the language related to the cy pres beneficiary must be changed in the Class 5 Notice, to omit any identity of—or options related to—the cy pres beneficiary. It is sufficient that the 6 Class Members receive notice that any unclaimed settlement funds will be directed to a cy pres 7 beneficiary, whose identity is yet to be determined. 8 9 Further, the Court notes that the case number for the Rosales action identified in the Class Notice is incorrect on page 11, and should be corrected to 1:09-cv-00707-AWI-JLT. (See Doc. 47 at 10 11.) This correction will ensure that any objections of Class Members will be filed in the proper 11 actions. 12 Given the deficiencies of the proposed Class Notice, IT IS HEREBY ORDERED: 13 1. Plaintiffs’ request for approval of the revised Class Notice is DENIED; and 14 2. Plaintiffs SHALL file a Class Notice curing the deficiencies identified by this Order no later than December 5, 2014; 15 16 3. revised Class Notice into Spanish, attesting that the translation is accurate; and 17 18 Plaintiffs SHALL file a declaration by a certified court interpreter who translates the 4. Failure to comply with this Order may result in the imposition of sanctions pursuant to Local Rule 110. 19 20 21 22 23 IT IS SO ORDERED. Dated: December 4, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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