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