Gilbert v. Bank of America, N.A. et al

Filing 406

ORDER TO SHOW CAUSE REGARDING CLASS NOTICE. Signed by Judge Jeffrey S. White on 6/8/17. Show Cause Response due by 6/16/2017.(jjoS, COURT STAFF) (Filed on 6/8/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SEAN L. GILBERT, et al., Plaintiffs, 8 MONEYMUTUAL, LLC, et al., Re: Dkt. No. 405 Defendants. 11 United States District Court Northern District of California ORDER TO SHOW CAUSE REGARDING CLASS NOTICE v. 9 10 Case No. 13-cv-01171-JSW 12 The Court has received and considered the parties’ Joint Report on Class Notice, which 13 14 raises concerns with the Court that it should reconsider its finding that the notice plan approved is 15 “the best practicable, ‘reasonably calculated, under all the circumstances, to apprise interested 16 parties of the pendency of the action and afford them an opportunity to present their objections.’” 17 Phillips Petroleum Co. v. Shutts, 472 U.S. 797, 811-12 (1985) (quoting Mullane v. Central 18 Hanover Bank and Trust Co., 339 U.S. 306, 314-15 (1950)). Accordingly, the parties are HEREBY ORDERED TO SHOW CAUSE why the Court 19 20 should not require additional notice, whether by way of an additional and more lengthy period of 21 internet advertising, or another form of notice by publication, or require that an administrator be 22 appointed to assist in developing a supplemental notice plan, and why it should not extend the 23 deadline for class members to opt out of the class. The Court advises the parties that barring 24 extraordinary circumstances, it would not find persuasive arguments about the costs involved with 25 additional notice. See Eisen v. Carlisle and Jacquelin, 417 U.S. 156, 176 (1974). 26 // 27 // 28 // 1 The par rties’ respon to this Order to Show Cause sha be due by June 16, 20 nses O w all y 017. 2 IT IS SO ORDER S RED. 3 4 5 Da ated: June 8, 2017 ___ __________ ___________ __________ ________ JEF FFREY S. W WHITE Un nited States D District Judg ge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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