Shephard et al v. Lowe's HIW, Inc.

Filing 78

ORDER REGARDING CLASS NOTICE. Signed by Judge Jeffrey S. White on 1/6/14. (jjoS, COURT STAFF) (Filed on 1/6/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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RONALD SHEPHARD and HENRY
ROMINES, on behalf of themselves and all
others similarly situated;

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Plaintiffs,

Case No.: 12-CV-03893-JSW
[PROPOSED] ORDER REGARDING CLASS
NOTICE

vs.
LOWE’S HIW, INC., and DOES 1 through 50,

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Defendants

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LOWE’S HIW, INC.,

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Third-Party Plaintiff
vs.
MERRILL’S GARAGE DOORS, INC., a
California corporation,

FAC Filed: June 20, 2012
Trial Date: February 2, 2015

Third-Party Defendant.
This matter comes before the Court pursuant to the parties’ Submission Regarding Class

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Notice. The parties agreed on the substance and form of the notice to class members with one

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exception. Defendant proposed that the following sentence be included in the notice, which Plaintiff

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opposed: “You also may be required to provide information, give testimony at a deposition, and/or

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[PROPOSED] ORDER REGARDING CLASS NOTICE
12-CV-03893-JSW

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give testimony at the trial of this action.”

notice and rule on whether the additional sentence proposed by Lowe’s should be included.
Based on the foregoing, and the Court having considered the parties’ filings, the Court
hereby ORDERS as follows:
1. The court has reviewed the proposed notice filed by the parties and finds that it meets

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the requirements of Fed. R. Civ. P. 23(c)(2)(B). The Notice, therefore, and is
because the Court has not determined the disputed issue, but the disputed
APPROVED; language provides that class member "may" be required,

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Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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2.

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Defendant’s request to add its proposed additional sentence to the notice is
[GRANTED/DENIED];

3.

The notice proposed by the parties, as approved herein, following the insertion of the
administrator’s name and address, shall serve as the notice to be issued in this matter;

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The parties ask the Court to approve the agreed-upon

and
4.

Plaintiff shall provide the notice and the questionnaire, as approved herein, along with
postage-prepaid post-cards and envelopes as indicated in the proposed notice
submitted by the parties, via first class mail to the last known addresses of the class
members, as provided by the defendant on or before the date previously set by this
Court.

IT IS SO ORDERED.

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January 6, 2014
Dated: ________________________

_______________________________________
Hon. Jeffrey S. White
United States District Judge

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[PROPOSED] ORDER REGARDING CLASS NOTICE
12-CV-03893-JSW