Lee v. Ulta Salon, Cosmetics & Fragrance, Inc.

Filing 65

ORDER REQUIRING FURTHER BRIEFING on 63 MOTION JOINT APPLICATION FOR ORDER UPON STIPULATION RE FURTHER PROCEEDINGS and VACATING hearing on same. Signed by Judge Jeffrey S. White on April 22, 2011. (jswlc3, COURT STAFF) (Filed on 4/22/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EUNICE LEE,
No. C 09-04022 JSW

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For the Northern District of California

United States District Court

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Plaintiff,
ORDER RE JOINT
APPLICATION FOR ORDER
UPON STIPULATION RE
FURTHER PROCEEDINGS

v.
ULTA SALON,
Defendants.
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On April 20, 2011, the parties filed a Joint Application for Order Upon Stipulation re

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Further Proceedings, which they have noticed for hearing on May 27, 2011. That hearing date

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is VACATED because it is unavailable for hearings for cases with terminal digit “2.” In

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addition, the Court believes this matter can be resolved on the papers. The recently discovered

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class members did not receive notice of the proposed settlement before the Court entered a final

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judgment, and therefore did not have the opportunity to opt out or to object to the proposed

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settlement. Although the parties have contemplated providing these class members with a letter

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and a proposed release, the Court requests further briefing on whether these class members will

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be advised of their right not to participate in the settlement and the legal implications of that

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choice. The parties shall submit further briefing on this issue by no later than May 6, 2011.

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IT IS SO ORDERED.
Dated: April 22, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE