Dugan et al v. Lloyds TSB Bank, PLC

Filing 219

ORDER REGARDING CLASS NOTICE Objections due by 5/24/2013. Signed by Judge Alsup on May 22, 2013.. (whalc1, COURT STAFF) (Filed on 5/22/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOHN DUGAN, et al.,

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For the Northern District of California

United States District Court

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Plaintiffs,
v.

ORDER REGARDING
CLASS NOTICE

LLOYDS TSB BANK, PLC,

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Defendant.
/

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No. C 12-02549 WHA

The parties have filed a list of class members, a joint plan for dissemination of class

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notice, a proposed form of class notice, and a proposed time table (Dkt. Nos. 212–14). These

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proposals are approved, subject to the modifications set forth below.

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1.

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The parties’ class list (filed under seal) adequately identifies members of the class (Dkt.

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No. 214). After the opt-out period has closed, class counsel shall file an updated report on class

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size with the finalized class rosters appended.

CLASS LIST

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2.

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The parties’ joint proposal to designate Dahl Administration, LLC as the administrator

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for printing, dissemination of class notice, and receipt of requests for exclusion is APPROVED.

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Class counsel shall bear the full cost of the administrator, subject to possible reimbursement if

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the class prevails.

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3.

ADMINISTRATOR

FORM OF CLASS NOTICE

The parties’ proposed class notice will be used subject to the following amendments:

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•

On the first page there is a header stating: “A court authorized this notice.

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This is not a solicitation from a lawyer.” It should be modified to read: “A

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federal court has authorized this Notice. Please read it carefully. This is not a

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solicitation from a lawyer. Your rights are at stake and could be

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compromised.”

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•

On the first page, below the text box and above the bottom three bullets, add a

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bullet that reads: “This is the first, and possibly only, notice you will receive.

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Please read the sections below to inform yourself of what this means for you

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in terms of giving up control of claim(s) you may have against defendant

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For the Northern District of California

United States District Court

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Lloyds TSB Bank, PLC.”
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On the first page, between the last two bullets add a bullet that reads:

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“Counsel and the lead plaintiffs may be authorized to settle this case without

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necessarily further opportunity for class members to opt out. In that event, if

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the settlement is approved by the Court, you and all other class members

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would be bound by the settlement.”

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•

On the fifth page, in subsection 10 regarding exclusion, the last sentence

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should be modified to state: “You must mail your Exclusion Request

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postmarked by 11:59 P.M. ON JULY 19, 2013.”

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4.

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All class notices shall be sent as independent mailings via first class United States mail.

MEANS OF DISSEMINATION

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Class notices shall be sent in distinctive envelopes that do not resemble junk mailings. The

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outside of each envelope shall state that it contains an important notice from the United States

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District Court. The return address on the envelopes shall be the address of the administrator but

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it shall indicate that the class notice was sent on behalf of the District Court. For example, the

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return address may read as follows:

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Important Class Action Notice from the Court
United States District Court for the Northern District of California
Class Action 12-2549 WHA
[ADMINISTRATOR NAME]
[ADMINISTRATOR ADDRESS]
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Class counsel must use the most up-to-date addresses of class members to ensure, prior to

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dissemination of the class notices, that the addresses listed are correct. Each notice shall contain

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a pre-stamped return envelope. An exact record of the names and addresses used shall be kept.

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5.

SCHEDULE

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The parties may file objections to the tentative class notice by NOON ON MAY 24, 2013.

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After that time, the class notice and the schedule for dissemination of notice will be finalized. It

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is anticipated that the administrator will mail the class notices on or by MAY 30, 2013. The class

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members would then have until JULY 19, 2013, to opt out of the class action.

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The parties propose that class members be permitted to opt out by sending a letter via
mail to the administrator. This will be allowed. Opting out via email will not be permitted. All

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For the Northern District of California

United States District Court

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such letters shall be filed by counsel together with a summary list.

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IT IS SO ORDERED.

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Dated: May 22, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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