Gagner v. Southern Wine and Spirits of America, Inc.

Filing 61

ORDER REQUIRING Further Joint Submission re Cy Pres Recipients. Signed by Judge Jeffrey S. White on December 7, 2012. (jswlc3, COURT STAFF) (Filed on 12/7/2012)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 DONALD GAGNER, et al., Plaintiffs, 7 8 9 No. C 10-04405 JSW v. ORDER REQUIRING FURTHER JOINT SUBMISSION RE CY PRES RECIPIENTS SOUTHERN WINE AND SPIRITS OF AMERICA, INC., 10 / For the Northern District of California United States District Court Defendant. 11 12 13 This matter came before the Court for a final approval hearing on a class action 14 settlement. As part of the settlement, the parties have designated the Legal Aid Society’s 15 Employment Law Center and the Asian Law Caucus as cy pres recipients of any funds not 16 distributed to class members. Although there are no objections on file, both of these 17 organizations appear to be located in Northern California, but there is no such geographic 18 limitation in the definition of the settlement class. Although the Court understands the nexus 19 between these organizations and the claims, it requests a further joint statement from the parties 20 as to why these organizations would be adequate substitutes for absent class members, 21 especially in light of the apparent geographic breadth of the class. The parties joint statement 22 shall be due by no later than 12:00 p.m. on December 12, 2012. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: December 7, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

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