Medrano et al v. Party City Corporation, a Delaware Corporation

Filing 72

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 4/9/2018 APPROVING 70 Stipulation re POST-CERTIFICATION CLASS NOTICE. (See Order for details.) (York, M)

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1 2 3 4 5 6 7 DANIEL F. GAINES, ESQ. SBN 251488 ALEX P. KATOFSKY, ESQ. SBN 202754 MIRIAM L. SCHIMMEL, ESQ. SBN 185089 GAINES & GAINES, APLC 27200 Agoura Road, Suite 101 Calabasas, California 91301 Telephone: (818) 703-8985 Facsimile: (818) 703-8984 Attorneys for Plaintiffs ANTHONY MEDRANO and NICOLA GALASSI and Class Counsel 8 12 CHANT YEDALIAN, Esq. SBN 222325 CHANT & COMPANY A Professional Law Corporation 1010 N. Central Ave. Glendale, CA 91202 Phone: 877.574.7100 Fax: 877.574.9411 13 Attorneys for Plaintiff JOAN PASINI and Class Counsel 9 10 11 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 18 ANTHONY MEDRANO and NICOLA GALASSI, individually and on behalf of all similarly situated individuals, 19 21 22 23 v. PARTY CITY CORPORATION, a Delaware Corporation, and DOES 1 through 10, inclusive, Defendants. 24 25 26 Judge Hon. William B. Shubb Courtroom 5, 14th Floor Complaint Filed: November 17, 2016 Trial Date: February 5, 2019 JOAN PASINI, on behalf of herself and all others similarly situated, Plaintiff, 27 28 [PROPOSED] ORDER GRANTING STIPULATION RE: POSTCERTIFICATION CLASS NOTICE Plaintiffs, 20 CASE NO: 2:16-cv-02996-WBS-EFB [consolidated with CASE NO.: 2:17-CV-962-WBS-EFB] v. -1[PROPOSED] ORDER GRANTING STIPULATION RE: POST-CERTIFICATION CLASS NOTICE 1 2 PARTY CITY CORPORATION; and DOES 1 through 10, inclusive, 3 Defendants. 4 5 6 Plaintiffs Anthony Medrano, Nicola Galassi, and Joan Pasini’s (“Plaintiffs”) and Defendant 7 Party City Corporation (“Defendant”) (jointly, the “Parties”) proposed Stipulation for an Order to 8 send Post-Certification Notice to the Class in this matter has been reviewed by the Court and 9 based on the representations therein, is hereby GRANTED as follows: 10 11 1. This Court finds that the content of the proposed E-Mail Notice and Postcard Notice to the Class attached as Exhibits A and B to the Stipulation is acceptable; 12 2. If this case does not settle at mediation on May 18, 2018, or if mediation does not go 13 forward on that date, then by no later than May 21, 2018 American Express shall provide Atticus 14 Administration, LLC (“Atticus”) with a list of the Class Members’ and relevant corresponding 15 data containing their names, mailing addresses, telephone numbers, e-mail addresses, date of 16 EMV transaction(s) at Defendant’s U.S. retail store(s) during the applicable class period, 17 confirmation that either a consumer card or consumer charge card was used, and which store(s) 18 such transaction(s) took place, for all Class Members, to the extent that information is available 19 (the “Class Data”), 20 3. The Parties and Atticus will treat the Class Data as highly sensitive and confidential 21 information, which will be subject to the provisions and protections of the Protective Order on 22 file in this Action, as well as any other reasonable protections requested by American Express; 23 4. Atticus shall e-mail the E-Mail Notice to the Class Members for whom American 24 Express possesses an e-mail address, and shall mail, by U.S. Mail, the Postcard Notice to the 25 Class Members for whom American Express possesses no e-mail address by June 12, 2018; 26 5. Atticus shall maintain a settlement website titled 27 (or similar) with a copy of the E-Mail Notice and 28 relevant case documents posted thereon starting on the date the E-Mail Notice is first transmitted -2[PROPOSED] ORDER GRANTING STIPULATION RE: POST-CERTIFICATION CLASS NOTICE 1 to the Class Members, and continuing until otherwise ordered by the Court; 2 3 4 6. Class Members shall have 60 days after the E-Mail Notice and Postcard Notice are first transmitted by Atticus to make a request for exclusion from the Class in accordance with the methods specified for doing so in the E-Mail Notice; 5 6 7 8 9 10 11 12 7. All Class Members who do not submit a timely request for exclusion by the 60-day deadline shall become members of the Class, and Atticus shall transmit the Class Data for these individuals to counsel for the Parties no less than 7 days after the close of the exclusion period; and 8. Plaintiffs shall bear all costs incurred in the dissemination of the E-Mail Notice, the Postcard Notice, and the creation and maintenance of the settlement website. IT IS SO ORDERED. Dated: April 9, 2018 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3[PROPOSED] ORDER GRANTING STIPULATION RE: POST-CERTIFICATION CLASS NOTICE

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