Lane et al v. Facebook, Inc. et al

Filing 71

ORDER RE: 70 STIPULATION AND PROPOSED ORDER. (rslc2, COURT STAFF) (Filed on 10/30/2009)

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1 2 3 4 5 6 7 8 9 10 *E-Filed 10/30/09* IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SEAN LANE, et al., v. Plaintiffs, No. C 08-3845 RS ORDER United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FACEBOOK, INC., et al, Defendants. ____________________________________/ The Court has received the parties' stipulation seeking to amend the terms of the order granting preliminary approval of the settlement with respect to how notice will be given to class members. The potential advantage to using email addresses of record over internal Facebook messages is intuitive, insofar as it is more likely to reach Class members who do not access Facebook regularly at this time. It seems possible, however, that there may also be some number of class members who continue to access Facebook regularly, but who may not regularly review email they receive at the particular email address they provided to Facebook when they joined. Accordingly, it is not immediately apparent why 1 NO. C 083845 RS ORDER 1 2 3 4 5 6 7 8 9 10 providing notice by email "in lieu of" notice through an internal Facebook message is preferable to providing email notice in addition to an internal Facebook message. If the parties are in agreement that both forms of notice should be given, they may submit a revised stipulation and the Court will so order. If there is reason that notice only by email is likely to be more effective, or that providing both forms of notice would be too burdensome, the parties may submit a joint brief explaining their positions at their earliest convenience. United States District Court 11 For the Northern District of California IT IS SO ORDERED. Dated: October 30, 2009 RICHARD SEEBORG UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NO. C 083845 RS ORDER

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