Salgado v. T-Mobile USA, Inc

Filing 66

ORDER AFTER INFORMAL TELEPHONIC CONFERENCE re: Status of the Settlement, signed by Magistrate Judge Jennifer L. Thurston on 2/13/2020. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EMMANUEL SALGADO, GAEL GROB,
DAVID GARCIA, and ANDRE WONG
behalf of themselves and all other similarly
situated,

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Plaintiffs,
v.

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T-MOBILE USA, INC., et al.,

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Defendant.

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Case No.: 1:17-cv-00339 JLT
ORDER AFTER INFORMAL TELEPHONIC
CONFERENCE RE: STATUS OF THE
SETTLEMENT

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The Court held an informal telephonic conference (Doc. 64) at the request of counsel after they

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learned that the data collection efforts identifying the prospective class members and the proper

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number of work weeks associated with each class member was flawed. Counsel have agreed that the

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defendant will retain a third-party IT consultant who will assist in creating the algorithm needed to

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correctly gather the data and to verify the accuracy of the data collected. They agree also that,

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assuming that the number of work weeks at issue remain with the tolerance anticipated in the

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settlement agreement, the prospective class would need to re-noticed1 and the final approval and

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fairness hearing continued to an appropriate time. Thus, upon the agreement of counsel, the Court

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ORDERS:

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1.

The supplemental filing of claims statistics for the final approval motion, currently set

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Counsel agree also that the re-notice costs will be borne by the defendant.

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to occur on February 24, 2020, is VACATED;
2.

The Final Approval and Fairness Hearing currently set on March 2, 2020 at 9:00 a.m.,

is VACATED;

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3.

The deadline by which class members may opt out is VACATED;

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4.

The deadline by which objections to the final approval of the settlement must be filed is

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VACATED;
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No later than March 13, 2020, counsel SHALL file a joint report detailing the status

of the settlement given the corrections in the data collected;
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Assuming the renewed data collection effort does not impact the viability of the

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settlement, no later than March 27, 2020, counsel SHALL file a stipulation setting forth revised

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deadlines for settlement of this class action. At that time, they SHALL file a revised notice packet.

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IT IS SO ORDERED.
Dated:

February 13, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE