Parker et al v. Dish Network Corporation et al

Filing 58

ORDER. Signed by Judge Hamilton on 11/21/2011. (pjhlc1, COURT STAFF) (Filed on 11/21/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NANSEE PARKER, et al.,

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v.

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For the Northern District of California

United States District Court

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Plaintiffs,

ORDER

DISH NETWORK, L.L.C.,

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No. C 11-1457 PJH

Defendant.
_______________________________/

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The court has carefully reviewed the proposed order granting provisional certification

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of the settlement class and preliminary approval of the class action settlement agreement,

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as well as the proposed notice(s) to the class, and finds that additional modifications are

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required.

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First, it is the court’s practice to allow class members to appear at the fairness

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hearing for purposes of objecting to the settlement, regardless of whether they have filed a

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written objection. Thus, paragraph 17 of the proposed order and paragraphs 17 and 20 of

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the proposed notice must be revised to indicate that the filing of a written objection is not a

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precondition for appearing at the hearing. Paragraph 20 of the proposed notice must be

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further revised to delete the provision regarding waiving the right to appeal from any court

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order concerning an objection.

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In addition, the court does not approve the provision stating that the filing of an

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objection by a class member will allow class counsel or counsel for DISH to notice the

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deposition of such objecting class member and to seek “documentary evidence or other

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tangible things that are relevant to the objection.” Thus, paragraph 18 of the proposed

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order must be deleted in its entirety, and paragraph 17 of the proposed notice must be

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revised to delete the reference to class counsel or counsel for DISH taking the deposition of

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and seeking evidence from an objecting class member.

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IT IS SO ORDERED.

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Dated: November 21, 2011
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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