Gagner v. Southern Wine and Spirits of America, Inc.
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
DONALD GAGNER, et al.,
No. C 10-04405 JSW
ORDER REQUIRING FURTHER
JOINT SUBMISSION RE CY PRES
SOUTHERN WINE AND SPIRITS OF
For the Northern District of California
United States District Court
This matter came before the Court for a final approval hearing on a class action
settlement. As part of the settlement, the parties have designated the Legal Aid Society’s
Employment Law Center and the Asian Law Caucus as cy pres recipients of any funds not
distributed to class members. Although there are no objections on file, both of these
organizations appear to be located in Northern California, but there is no such geographic
limitation in the definition of the settlement class. Although the Court understands the nexus
between these organizations and the claims, it requests a further joint statement from the parties
as to why these organizations would be adequate substitutes for absent class members,
especially in light of the apparent geographic breadth of the class. The parties joint statement
shall be due by no later than 12:00 p.m. on December 12, 2012.
IT IS SO ORDERED.
Dated: December 7, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
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