Snipes v. Dollar Tree Distribution, Inc.

Filing 85

ORDER signed by District Judge Morrison C. England, Jr on 9/16/18, GRANTING plaintiff's 73 Motion to Approve Class Notice and Notice Plan. (Kastilahn, A)

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S. BRETT SUTTON, 143107
[e-mail]
JARED HAGUE, 251517
[e-mail]
ANTHONY E. GUZMAN II, 311580
[e-mail]
SUTTON HAGUE LAW CORPORATION, P.C.
5200 N. Palm Avenue, Suite 203
Fresno, California 93704
Telephone: [phone]
Attorneys for Plaintiff:

7 TERRY T. SNIPES, SR.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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* * *
TERRY T. SNIPES, SR., an individual, residing

12 in San Joaquin County, California,

Plaintiff,

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Case No. 2:15-cv-00878-MCE-DAD
ORDER GRANTING PLAINTIFF’S
MOTION TO APPROVE CLASS
NOTICE AND NOTICE PLAN

vs.

15 DOLLAR TREE DISTRIBUTION, INC., A

Virginia Corporation; and Does 1 through 50,
16 inclusive,
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Defendants.

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Plaintiff’s Motion to Approve Class Notice and Notice Plan, filed by Plaintiff TERRY T.

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20 SNIPES, SR., was scheduled for hearing before this Court on April 5, 2018. This Court, having

21 now considered the documents filed in support of and in opposition to Plaintiff’s motion and the
22 arguments of counsel thereon, hereby GRANTS Plaintiff’s Motion and adopts the following
23 notice plan as the best notice practicable under the circumstances as required by Federal Rule of
24 Civil Procedure 23(c).
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________________________________________________1_______________________________________________
[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO APPROVE CLASS NOTICE AND NOTICE PLAN

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NOTICE ADMINISTRATOR

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Phoenix Settlement Administrators is appointed as the Notice Administrator.

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LETTER NOTICE

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Letter Notice will be sent by first class mail to all class members for whom Defendant

5 has contact information for. The Notice Administrator will cross-reference all contact
6 information for class members against change of address databases and initiate a good faith
7 search for the current address. If a different address than the one provided by Defendant is found,
8 the Notice Administrator shall mail the Notice to both the address provided by Defendant and the
9 new address. Letter Notice will disseminate by the deadline set by the Court.
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The Letter Notice approved shall be in the form attached hereto as Exhibit 1 to the

11 Supplemental Declaration of Anthony Guzman, ECF No. 76-1.
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OPT-OUT PERIOD

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Class members will be given a date certain by which to opt-out. Class members will be

14 given forty-five (45) days to decide whether to opt-out. The deadline to opt-out is set forth below
15 in the schedule for class notice.
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DEADLINES FOR THE DISSEMINATION OF NOTICE

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The Court hereby adopts the following schedule for the dissemination of class notice.

18 Relevant dates pertaining to the dissemination of notice are as follows:
19 September 26, 2018
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October 3, 2018
November 19, 2018

23 November 26, 2018
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Defendant to provide names and addresses of
class members to the Third-Party
Administrator
Notice Disseminated
Deadline to Opt-out
Third-Party Administrator to provide list of all
class members who did not opt-out to class
counsel

IT IS SO ORDERED.

26 Dated: September 16, 2018
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________________________________________________2_______________________________________________
[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO APPROVE CLASS NOTICE AND NOTICE PLAN