Garvey v. Kmart Corporation

Filing 426

ORDER RE NOTICE OF ERRATA. Signed by Judge Alsup on November 1, 2013. (whalc1, COURT STAFF) (Filed on 11/1/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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COLLETTE DELBRIDGE, individually
and on behalf of others similarly situated,
No. C 11-02575 WHA
Plaintiff,

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v.
ORDER RE NOTICE
OF ERRATA

KMART CORPORATION,
Defendant.
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The Court has received the stipulated notice of errata and request to modify the parties’

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settlement agreement. The two substantive changes therein are as follows (modifications

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identified by bold, strikethrough, and underline):

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At Section I, ¶ Q:
“Net Settlement Amount” means the Settlement Amount, less (as
approved by the District Court) (i) the Class Representative
Payments as approved by the District Court and (ii) the Class
Counsel Expenses Payment (which includes settlement of all
expenses incurred to date and to be incurred in documenting the
Settlement, securing court approval of the Settlement,
administering the Settlement, and obtaining dismissal of action).
At Section III, ¶ M(1)(c):
Whether or not the Judgment becomes Final, the Settlement, this
Agreement, any document, statement, proceeding or conduct
related to the Settlement or the Agreement, or any reports or
accounting of those matters, will not be (i) construed as, offered or
admitted in evidence as, received as, or deemed to be evidence for
any purpose adverse to Kmart or any other beneficiary of the
releases granted under this Agreement (the “Released Parties”),
including, but not limited to, evidence of a presumption,

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concession, indication or admission by any of the Released Parties
of any liability, fault, wrongdoing, omission, concession or
damage; or (ii) disclosed, referred to or offered in evidence against
any of the Released Parties, in any further proceeding in the
Action, or any other civil, criminal or administrative action or
proceeding except for purposes of effectuating the Settlement
pursuant to this Agreement.
The Court requests that the parties provide briefing not to exceed five pages on whether

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new notice and opportunity to opt-out should be provided to class members who may have relied

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on the prior versions of these clauses by NOVEMBER 8 AT NOON.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: November 1, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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