Tuttle et al v. Sky Bell Asset Management LLC et al

Filing 329

ORDER FINALIZING CLASS NOTICE PLAN. Signed by Judge Alsup on March 14, 2012. (Attachments: # 1 Finalized Class Notice)(whalc2, COURT STAFF) (Filed on 3/14/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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EDGAR W. TUTTLE, ERIC BRAUN, and
THE BRAUN FAMILY TRUST by its cotrustee ERIC BRAUN, on behalf of
themselves and all others similarly situated,

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ORDER FINALIZING
CLASS NOTICE PLAN

Plaintiffs,

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No. C 10-03588 WHA

v.
SKY BELL ASSET MANAGEMENT,
LLC, et al.,

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Defendants.
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On March 6, 2012, an order issued tentatively resolving all matters related to class notice

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(Dkt. No. 326). The parties had until March 12, to file objections. Defendant Rothstein, Kass, &

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Company, PC, responded, indicating it concurs with the proposed form of class notice, means of

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dissemination, and schedule (Dkt. No. 327). Plaintiffs responded, indicating they have no

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objection to the class notice or the means of dissemination, but requesting that the deadline for

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mailing class notice be extended to March 23 (Dkt. No. 328). The deadline will be so extended.

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The class notice filed concurrently herewith has been revised and finalized. Two

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revisions were made: (1) addition of opt-out date and (2) addition of the following language

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under Section 6: “Class members may enter an appearance through an attorney if the member so

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desires.”

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The Class administrator shall mail the official class notices (with contact information for
the class administrator completed and using the most up-to-date contact information for

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prospective class members provided to it by class counsel) to prospective class members as

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official class notice. The notices must be disseminated by MARCH 23, 2012. All other provisions

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regarding class notice in the order dated March 6 are confirmed.

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Class counsel is reminded that after the opt-out period has closed, class counsel shall file

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an updated report on class size with the finalized class rosters appended. This should be done by

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MAY 16. Class counsel shall also file a statement reporting the date on which the class-notice

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mailing is completed. This statement is due MARCH 30.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: March 14, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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