In re Charles Schwab Corp. Securities Litigation

Filing 820

SECOND ORDER DENYING DARLENE LEWIS-CHINN AND DAVID W. CHINN'S UNTIMELY REQUEST TO OPT OUT. #828 Signed by Judge Alsup on May 26, 2010. (whalc1, COURT STAFF) (Filed on 5/27/2010) Modified on 5/28/2010 (sis, COURT STAFF). (Additional attachment(s) added on 5/28/2010: #1 certificate of service) (sis, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 IN RE: CHARLES SCHWAB CORPORATION SECURITIES LITIGATION. This Document Relates To All Cases. / No. C 08-01510 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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SECOND ORDER DENYING DARLENE LEWIS-CHINN AND DAVID W. CHINN'S UNTIMELY REQUEST TO OPT OUT

The Court has received another letter from class members Darlene Lewis-Chinn and David W. Chinn renewing their untimely request to be excluded from the class. The letter simply states: "We missed the exclusion deadline of December 28, 2009 when we submitted our original exclusion request dated January 7, 2010, due to excusable negligence." Under the law set forth by the Ninth Circuit, this is not a legally sufficient justification to grant a late opt-out request. As such, reconsideration of the prior order denying the request by class members Darlene LewisChinn and David W. Chinn to opt out (see Dkt. No. 749) must be DENIED.

IT IS SO ORDERED.

Dated: May 26, 2010.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE