McCabe v. Intercontinental Hotels Group Resources, Inc. et al

Filing 145

ORDER FOR ADDITIONAL INFORMATION RE: PRELIMINARY SETTLEMENT APPROVAL, Re: Dkt. No. 139 . Signed by Judge Nathanael Cousins on 5/20/2015. (lmh, COURT STAFF) (Filed on 5/20/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LAURA MCCABE, et al.,

United States District Court
Northern District of California

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Case No.12-cv-04818-NC

Plaintiffs,
v.

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SIX CONTINENTS HOTELS, INC.,,

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Defendant.

ORDER FOR ADDITIONAL
INFORMATION RE:
PRELIMINARY SETTLEMENT
APPROVAL
Re: Dkt. No. 139

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Pending before the Court is the plaintiff’s motion for preliminary approval of the

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class action settlement. Dkt. No. 139. After the May 20, 2015 hearing and reviewing the

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plaintiffs’ written submissions, the Court notes the following concerns and orders the

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plaintiffs to submit supplemental information by June 3, 2015:

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1. The plaintiffs must provide the Court with more information on the cy pres

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beneficiaries, Consumer Action and Electronic Frontier Foundation. Specifically,

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the plaintiffs must further address the “driving nexus between the plaintiff class and

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the cy pres beneficiaries.” Dennis v. Kellogg Co., 697 F.3d 858, 865 (9th Cir.

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2012).
2. The parties must clarify the defendant entities included in the release, and

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incorporate those clarifications into the class notice where appropriate. For

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example, identify the affiliates, vendors, and independent contractors.

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Case No.:12-cv-04818-NC

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3. The plaintiffs must provide the Court with examples of all the publications that will
be made publicly available as part of the notice to the class, including:

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a. Facebook and banner ads

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b. Real size advertisements for the newspaper and Parade magazine notices

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c. Envelope for mail notices

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4. The Court requests a further breakdown of the reach by publication method (such
as, online notices, direct mailings, and newspaper publications).

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5. The Court also suggests the following modifications to the notices to ensure clarity:

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a. Place the Court’s name “United States District Court for the Northern

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United States District Court
Northern District of California

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District of California” at the top of the notice.
b. On the summary notice, email notice, and newspaper publication notice,

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include the value of the settlement and an estimated per person settlement

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value.

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c. On the mailing envelope, refer to the court’s name in the administrator’s

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address, for example, “Claims Administrator for the U.S. District Court.”

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Also, place a “call out” on the front and back with reference to a settlement

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agreement or particular facts of the settlement class.

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The Court will be prepared to rule on the preliminary approval motion after
receiving this supplemental information.
IT IS SO ORDERED.

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Dated: May 20, 2015

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No.:12-cv-04818-NC

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