Caves, et al v. Walgreen Co.

Filing 101

ORDER signed by Senior Judge Morrison C. England, Jr on 9/7/2021 GRANTING Defendant's 91 Motion to Modify Scope of Corrective Notice; ORDERING All opt-outs received by the Settlement Administrator from clients of Wynne Law Firm and Gallo LLP ("Gallo/Wynne"), counsel for Barbarito Vasquez, are declared ineffective; and The corrective letter shall correct the false and misleading statements made by Gallo/Wynne in the Unapproved Notice, as previously ordered by this Court on 1/20/2021 (Dkt 66 ). The new opt-out period shall be thirty (30) days from the date the corrective letter is sent to the Gallo/Wynne Opt-Outs. (Becknal, R)

Case 2:18-cv-02910-MCE-DB Document 101 Filed 09/07/21 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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GLORIA CAVES and TAMIM KABIR, On
Behalf of Themselves and All Others
Similarly Situated,

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Plaintiffs,

Case No. 2:18-cv-02910-MCE-DB
ORDER GRANTING MOTION OF
DEFENDANT WALGREEN CO. FOR
ORDER EXPANDING SCOPE OF
CORRECTIVE NOTICE

v.
Date: August 26, 2021
Time: 2:00 P.M.
Place: Ctrm: 7, 14th Floor

WALGREEN CO.,
Defendant.

Judge: Hon. Morrison C. England, Jr.
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ORDER GRANTING MOTION OF DEFENDANT WALGREEN CO.
FOR ORDER EXPANDING SCOPE OF CORRECTIVE NOTICE

Case 2:18-cv-02910-MCE-DB Document 101 Filed 09/07/21 Page 2 of 2

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Presently before the Court is Defendant Walgreen Co.’s (“Defendant”) Motion to Modify

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Scope of Corrective Notice or, in the Alternative, to Reconsider or Clarify Order Granting Ex

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Parte Application for Corrective Notice to Class and Additional Opt-Out Period).

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considered the filings relevant to Defendant’s request and the record in its entirety, it is hereby

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ORDERED that Defendant’s Motion to Modify Scope of Corrective Notice is GRANTED and it

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is further ORDERED that:

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(1)

Having

All opt-outs received by the Settlement Administrator from clients of Wynne Law

Firm and Gallo LLP (“Gallo/Wynne”), counsel for

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(2)

Barbarito Vasquez, are declared ineffective;

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(3)

Gallo/Wynne shall bear the cost of a corrective letter in a form approved by the Court

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to be disseminated by the approved Settlement Administrator to all persons represented by

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Gallo/Wynne who opted out of the settlement of this matter (the “Gallo/Wynne Opt-Outs”);

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(4)

The corrective letter shall inform the Gallo/Wynne Opt-Outs that Gallo/Wynne had

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a conflict of interest during the opt-out period and may not have provided the Gallo/Wynne Opt-

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Outs with accurate information regarding whether or not to opt out of the settlement; and

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(5)

The corrective letter shall correct the false and misleading statements made by

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Gallo/Wynne in the Unapproved Notice, as previously ordered by this Court on January 20, 2021

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(Dkt 66).

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(6)

The new opt-out period shall be thirty (30) days from the date the corrective letter is

sent to the Gallo/Wynne Opt-Outs.
IT IS SO ORDERED.

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Dated: September 7, 2021

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ORDER GRANTING MOTION OF DEFENDANT WALGREEN CO.
FOR ORDER EXPANDING SCOPE OF CORRECTIVE NOTICE