Margarita Erguera v. CMG CIT Acquisition, LLC et al

Filing 40

ORDER DISCHARGING the 38 Order to Show Cause Dated November 16, 2022; ORDER APPROVING the Revised Class Notice (ECF No. 39-1), signed by District Judge Jennifer L. Thurston on 11/18/2022. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARGARITA ERGUERA, an individual on
behalf of herself and others similarly situated,

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Plaintiff,
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v.
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CMT CIT ACQUISITION, LLC, et al.,
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Defendants.
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Case No.: 1:20-cv-01744-JLT-CDB
ORDER DISCHARGING THE ORDER TO SHOW
CAUSE DATED NOVEMBER 16, 2022
(Doc. 38)
ORDER APPROVING THE REVISED CLASS
NOTICE
(Doc. 39-1)

On November 16, 2022, the Court ordered the parties to show cause why sanctions should not

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be imposed for failing to submit a revised Class Notice to the Court as required in the order granting

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preliminary approval of the class settlement. (Doc. 38.) In response, the parties were directed to file

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the revised Notice. (Id.) Matthew Hayes, Class Counsel, responded to the Court’s order and reports the

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required revisions were made and the delay was inadvertent. (Doc. 39.) Plaintiff submitted the revised

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Class Notice simultaneously with the response on November 17, 2022. (Doc. 39-1.)

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Review of the Class Notice indicates it includes the revisions required by the Court. In addition,

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the Class Notice contains the information required by Rule 23 of the Federal Rules of Civil Procedure,

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including: the nature of the action, the settlement class preliminarily certified by the Court, the claims

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to be resolved, representation by counsel, how a class member may comment or object to the

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settlement, deadlines for responses, and the binding effect of a class judgment. Accordingly, the Court

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ORDERS:
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The order to show cause dated November 16, 2022 (Doc. 38) is DISCHARGED.

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The revised Class Notice (Doc. 39-1) is APPROVED.

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IT IS SO ORDERED.
Dated:

November 18, 2022

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