Li v. A Perfect Day Franchise, Inc

Filing 464

ORDER Regarding Notice to the Class. Signed by Judge Lucy H. Koh on 4/6/2012. (lhklc2, COURT STAFF) (Filed on 4/6/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 GUIFU LI, MENG WANG, FANG DAI, LIN ) CUI, and ZHONG YU, on behalf of themselves ) and all others similarly situated, ) ) Plaintiffs, ) ) v. ) ) A PERFECT FRANCHISE, INC, a California ) Corporation, et al., ) ) Defendants. ) ) 18 Case No.: 5:10-CV-01189-LHK ORDER REGARDING NOTICE OF SETTLEMENT Pursuant to the Court’s Order Granting Preliminary Approval of a Class Settlement of April 19 3, 2012, ECF No. 461, Plaintiffs were directed to file a proposed notice to the class regarding the 20 settlement with Tom Schriner. Plaintiffs filed a proposed notice. ECF No. 463. 21 There are several revisions that Plaintiffs must make before the Court adopts the proposed 22 notice. First, in Section 2 (“What Is This Class Action Lawsuit About?”), Plaintiffs must clarify 23 that in addition to the release of class claims, the settlement agreement releases all claims that 24 Plaintiffs have against Tom Schriner. Second, in either Section 3 (“How Will The Settlement 25 Affect Me?”) or Section 4 (“What Do I Do?”), Plaintiffs must clarify how they anticipate 26 distributing the settlement funds. For example, Plaintiffs must specify whether claim forms will be 27 distributed at a later date, or whether Plaintiffs intend to distribute the funds on a strict per capita 28 basis. 1 Case No.: 10-CV-01189-LHK ORDER REGARDING NOTICE OF SETTLEMENT 1 Finally, the notice includes a provision allowing Plaintiffs to seek up to 40% in attorneys’ 2 fees from Tom Schriner’s $20,000 cash payment. When asked at the hearing on preliminary 3 approval of the settlement, Plaintiffs’ counsel indicated that counsel did not intend to seek 4 attorneys’ fees from this cash payment. By Monday, April 9, 2012 at noon, Plaintiffs shall file a 5 statement explaining this change in position. Moreover, Defendants may file any objection or 6 statement to Plaintiffs’ change in position regarding the attorneys’ fees by Monday, April 9, 2012 7 at 6:00 p.m. 8 9 Plaintiffs shall file a revised Notice by Monday, April 9, 2012 at noon. Additionally, Plaintiffs shall e-mail an electronic copy of the Notice to the Court’s proposed order inbox. United States District Court For the Northern District of California 10 IT IS SO ORDERED. 11 Dated: April 6, 2012 12 _________________________________ LUCY H. KOH United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 10-CV-01189-LHK ORDER REGARDING NOTICE OF SETTLEMENT

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