Davis v. Cole Haan, Inc.

Filing 73

ORDER REQUIRING FURTHER BRIEFING. Signed by Judge Jeffrey S. White on 5/13/13. (jjoS, COURT STAFF) (Filed on 5/13/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TAMMIE DAVIS, an individual, on behalf of
herself and all others similarly situated,

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No. C 11-01826 JSW

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v.
For the Northern District of California

United States District Court

Plaintiff,
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ORDER REQUIRING FURTHER
BRIEFING

COLE HAAN, INC., and DOES 1 through 50,
inclusive,
Defendants.
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Now before the Court is the motion for preliminary approval of the class action

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settlement filed by Plaintiffs. The Court has some questions that were not addressed by the

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parties’ papers in support of this motion. The Court notes that defendant Cole Haan,

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erroneously sued as Cole Haan, Inc. (“Defendant”) will send out notice to all purported class

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members for whom Defendant has an email or mailing address. However, the parties do not

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state how many email or mailing addresses they have for the purported class members.

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Moreover, the parties do not appear to propose any method of providing notice to the

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purported class members for whom they do not have an email or mailing address. Although the

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parties intend to create an internet website, purported class members would only learn about

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this website if they receive notice through email or mail. In light of the fact that all class

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members who do not opt out will be a part of the class and would release their claims against

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Defendant, the Court is concerned that the absence of any notice to such purported class

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members would not satisfy Due Process concerns. Accordingly, the Court HEREBY ORDERS

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the parties to submit additional briefing to address these notice concerns. The additional

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briefing shall be filed by no later than 10:00 a.m. on May 20, 2013.

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IT IS SO ORDERED.

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Dated: May 13, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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