Fraser v. ASUS Computer International et al

Filing 57

ORDER REGARDING FORM OF NOTICE (whalc2, COURT STAFF) (Filed on 12/3/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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COLIN FRASER, individually and on
behalf of all others similarly situated,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 12-00652 WHA

ORDER REGARDING
FORM OF NOTICE

v.
ASUS COMPUTER INTERNATIONAL, a
California Corporation, and ASUSTEK
COMPUTER, INC., a Taiwanese Corporation,
Defendants.

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The Court has received defendant’s supplemental filings in support of the motion for

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preliminary approval of class action settlement (Dkt. No. 56). The following additional

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information is requested:
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Can a user can turn off push notifications from Asus and, if so, can Asus override
the user’s settings and send a push notification to a TF201 tablet device,
regardless of the user’s notifications preference?

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The procedure currently set forth in Exhibits A–C does not make the notice very
prominent, and the notice could easily be missed. Rather than using the icon and
proposed pop-up with limited text stating “important legal notice from Asus,” can
Asus use the notice format that appears in Exhibit D as the first pop-up message?

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•

How long will the information icon, as reflected in Exhibit B, remain on the
device?

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The Court will ultimately require a list of all persons bound by the judgment (by
name and identifying information). This is needed for ascertainability. How will
this notice procedure supply such information?

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The parties shall submit this information by DECEMBER 19, 2012 AT NOON.

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IT IS SO ORDERED.

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Dated: December 3, 2012.

WILLIAM ALSUP