Harris v. Vector Marketing Corporation

Filing 507

ORDER re Supplemental Briefing for 505 Plaintiff's Renewed Motion for Final Approval. Signed by Judge Edward M. Chen on 12/23/2011. (emclc1, COURT STAFF) (Filed on 12/23/2011)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ALICIA HARRIS, 9 Plaintiff, 10 v. 11 For the Northern District of California United States District Court No. C-08-5198 EMC VECTOR MARKETING CORPORATION, 12 ORDER RE SUPPLEMENTAL BRIEFING FOR PLAINTIFF’S MOTION FOR FINAL APPROVAL Defendant. ___________________________________/ (Docket No. 505) 13 14 Previously, the Court ordered the parties to provide supplemental briefing by December 29, 15 2011, as to why notice to the entire class is not necessary. Thereafter, Plaintiff filed her renewed 16 motion for final approval. Having done a preliminary review of the renewed motion, the Court 17 hereby orders that the parties provide supplemental briefing -- also by December 29 -- as to whether 18 there is any case authority permitting commitment of residual funds to a cy pres fund rather than to 19 the class (whether the entire class or simply those who initially submitted claims) under the 20 circumstances of this case. See, e.g., Nachshin v. AOL, LLC, No. 10-55129, 2011 U.S. App. LEXIS 21 23244, at *1, 8 (9th Cir. Nov. 21, 2011) (noting that the cy pres doctrine allows for distribution to 22 the next best class of beneficiaries and that “federal courts frequently use the cy pres doctrine ‘in the 23 settlement of class actions where the proof of individual claims would be burdensome or distribution 24 /// 25 /// 26 /// 27 /// 28 1 of damages costly’”) (emphasis added). The parties should also address whether the interest in 2 avoiding another notice to the class is a proper consideration. 3 4 IT IS SO ORDERED. 5 6 Dated: December 23, 2011 7 _________________________ EDWARD M. CHEN United States District Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?