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

Filing 372

SECOND ORDER RE UNDELIVERABLE CLASS NOTICES. Signed by Judge Alsup on June 20, 2012. (whalc2, COURT STAFF) (Filed on 6/20/2012)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 9 EDGAR W. TUTTLE, ERIC BRAUN, and THE BRAUN FAMILY TRUST by its co-trustee ERIC BRAUN, on behalf of themselves and all others similarly situated, SECOND ORDER RE UNDELIVERABLE CLASS NOTICES Plaintiffs, v. 11 For the Northern District of California 10 United States District Court No. C 10-03588 WHA SKY BELL ASSET MANAGEMENT, LLC, et al., 12 Defendants. / 13 14 15 Class counsel are advised that the Court has received as undeliverable envelopes containing the class notice and request to opt out form for the following: 16 • Vevey Holding Limited 17 • Jones Family Trust 18 • Jones Family Trust DTD 1/25/06 19 As previously stated, the Court would be inclined not to extinguish the rights of any class 20 member who fails to receive notice. Such class members would be deemed opted out of the 21 class. But counsel are welcome to cure the failure to deliver by locating an alternative address to 22 mail each class notice and request to opt out that was undeliverable. Counsel must do so 23 promptly so that each class member whose mail was returned as undeliverable will receive the 24 class notice and have adequate time to object or request exclusion from the class. 25 26 IT IS SO ORDERED. 27 28 Dated: June 20, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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