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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DONALD GAGNER, et al.,
Plaintiffs,

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No. C 10-04405 JSW

v.

ORDER REQUIRING FURTHER
JOINT SUBMISSION RE CY PRES
RECIPIENTS

SOUTHERN WINE AND SPIRITS OF
AMERICA, INC.,

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For the Northern District of California

United States District Court

Defendant.
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This matter came before the Court for a final approval hearing on a class action

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settlement. As part of the settlement, the parties have designated the Legal Aid Society’s

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Employment Law Center and the Asian Law Caucus as cy pres recipients of any funds not

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distributed to class members. Although there are no objections on file, both of these

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organizations appear to be located in Northern California, but there is no such geographic

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limitation in the definition of the settlement class. Although the Court understands the nexus

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between these organizations and the claims, it requests a further joint statement from the parties

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as to why these organizations would be adequate substitutes for absent class members,

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especially in light of the apparent geographic breadth of the class. The parties joint statement

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shall be due by no later than 12:00 p.m. on December 12, 2012.

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IT IS SO ORDERED.

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Dated: December 7, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE