Melgar v. Zicam LLC, et al

Filing 197

ORDER RE JOINT STATEMENT signed by District Judge Morrison C. England, Jr. on 10/11/2018 ORDERING the Settlement Administrator shall, within three days of the entry of this order, cause the additional notice to be mailed via United States mail to the 3,066 potential Class Members. The Settlement Administrator shall bear the costs of this corrective notice. The final approval hearing will remain on 11/15/2018 at 2:00 p.m. (Zignago, K.)

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6 BURSOR & FISHER, P.A. Scott A. Bursor (State Bar No. 276006) L. Timothy Fisher (State Bar No. 191626) Thomas A. Reyda (State Bar No. 312632) 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-Mail: scott@bursor.com ltfisher@bursor.com treyda@bursor.com 7 Class Counsel 1 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 10 11 EASTERN DISTRICT OF CALIFORNIA YESENIA MELGAR, on Behalf of Herself and All Others Similarly Situated, Plaintiff, 12 13 v. 14 15 16 ZICAM LLC and MATRIXX INITIATIVES, INC. Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 ORDER RE JOINT STATEMENT CASE NO. 2:14-cv-00160-MCE-AC Case No. 2:14-cv-00160-MCE-AC ORDER RE JOINT STATEMENT Date: November 15, 2018 Time: 2:00 p.m. Courtroom 7, 14th Floor Hon. Morrison C. England, Jr. 1 WHEREAS, the final approval hearing date is November 15, 2018; 2 WHEREAS, the notice form mailed via United States mail to 3,066 potential Class 3 4 Members identified December 13, 2018 as the final approval hearing date; WHEREAS, the mailed notice was correct in all other respects and properly identified all 5 dates by which potential Class Members were required to act, and therefore did not impact the 6 substantive rights of any Class Member; 7 8 9 WHEREAS, all other forms of the approved notice correctly identified the final approval hearing date; WHEREAS, the Settlement Administrator has prepared a notice to send via United States 10 mail to the 3,066 potential Class Members informing them of the November 15, 2018 final 11 approval hearing date (attached to the Declaration of Tina Chiango, ECF No. 195-2, as Exhibit B); 12 13 WHEREAS, that additional notice adequately informs the 3,066 potential Class Members of the correct final hearing approval date; 14 NOW THEREFORE, the Court orders as follows: 15 1. The Settlement Administrator shall, within three days of the entry of this order, 16 cause the additional notice to be mailed via United States mail to the 3,066 potential Class 17 Members. The Settlement Administrator shall bear the costs of this corrective notice. 18 2. 19 IT IS SO ORDERED. 20 The final approval hearing will remain on November 15, 2018 at 2:00 p.m. Dated: October 11, 2018 21 22 23 24 25 26 27 28 ORDER RE JOINT STATEMENT CASE NO. 2:14-cv-00160-MCE-AC 1

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