Weinstein v. Metlife, Inc. et al

Filing 172

ORDER RE: WEINSTEIN PLAINTIFFS MOTION TO CONTACT REEDER PLAINTIFFS. Signed by Judge Illston on 12/9/08. (ts, COURT STAFF) (Filed on 12/9/2008)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant. ___________________________________/ The Weinstein plaintiffs have filed by letter brief a motion for Weinstein's counsel, Betsy Manifold, to contact the Reeder plaintiffs, who are represented by the firm Scott Cole & Associates. [Case No. 06-04444, Docket No. 171] The Weinstein plaintiffs have submitted a letter1 for the Court to review in camera. The letter updates the Reeder plaintiffs on developments in the Weinstein case, including information about a proposed settlement to resolve the Weinstein claims. Counsel for the Reeder plaintiffs were not able to review the proposed letter as it was filed under seal and not served on counsel. They object that the letter constitutes an inappropriate attempt to contact represented 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA NEIL WEINSTEIN, et al., Plaintiffs, v. METLIFE INC., et al., Defendants. / Nos. C 06-04444 SI; C 07-0538 ORDER RE: WEINSTEIN PLAINTIFFS' MOTION TO CONTACT REEDER PLAINTIFFS KIM REEDER, et al., Plaintiffs, The letter was filed under seal as Exhibit A to the Weinstein plaintiffs' letter brief. 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parties. [Case No. 07-0538, Docket No. 86] On July 6, 2007, the Court granted the Weinstein plaintiffs' motion for Weinstein's counsel to contact the Reeder plaintiffs. See Order Granting in Part Weinstein Plaintiffs' Omnibus Motion. [Case No. 07-0538, Docket No. 64] The Court found that the Reeder plaintiffs are still members of the Rule 23 putative class in Weinstein, despite their withdrawal from the Weinstein FLSA action. See id. In keeping with the Court's July 6, 2007 Order, the Court finds that it is appropriate for counsel for the Weinstein plaintiffs to contact the Reeder plaintiffs about the terms of a proposed settlement. The Court finds, however, that counsel for the Reeder plaintiffs must be given an opportunity to review the letter and discuss it with their clients, should they choose to do so. Accordingly, the Court orders that counsel for the Weinstein plaintiffs provide the letter to Scott Cole & Associates by December 10, 2008, and that counsel for the Weinstein plaintiffs contact the Reeder plaintiffs through the proposed letter no sooner than December 15, 2008. IT IS SO ORDERED. Dated: 12/9/08 SUSAN ILLSTON United States District Judge 2

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