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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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GUIFU LI, MENG WANG, FANG DAI, LIN )
CUI, and ZHONG YU, on behalf of themselves )
and all others similarly situated,
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Plaintiffs,
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v.
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A PERFECT FRANCHISE, INC, a California )
Corporation, et al.,
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Defendants.
)
)

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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

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3, 2012, ECF No. 461, Plaintiffs were directed to file a proposed notice to the class regarding the

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settlement with Tom Schriner. Plaintiffs filed a proposed notice. ECF No. 463.

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There are several revisions that Plaintiffs must make before the Court adopts the proposed

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notice. First, in Section 2 (“What Is This Class Action Lawsuit About?”), Plaintiffs must clarify

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that in addition to the release of class claims, the settlement agreement releases all claims that

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Plaintiffs have against Tom Schriner. Second, in either Section 3 (“How Will The Settlement

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Affect Me?”) or Section 4 (“What Do I Do?”), Plaintiffs must clarify how they anticipate

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distributing the settlement funds. For example, Plaintiffs must specify whether claim forms will be

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distributed at a later date, or whether Plaintiffs intend to distribute the funds on a strict per capita

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basis.
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Case No.: 10-CV-01189-LHK
ORDER REGARDING NOTICE OF SETTLEMENT

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Finally, the notice includes a provision allowing Plaintiffs to seek up to 40% in attorneys’

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fees from Tom Schriner’s $20,000 cash payment. When asked at the hearing on preliminary

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approval of the settlement, Plaintiffs’ counsel indicated that counsel did not intend to seek

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attorneys’ fees from this cash payment. By Monday, April 9, 2012 at noon, Plaintiffs shall file a

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statement explaining this change in position. Moreover, Defendants may file any objection or

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statement to Plaintiffs’ change in position regarding the attorneys’ fees by Monday, April 9, 2012

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at 6:00 p.m.

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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

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IT IS SO ORDERED.

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Dated: April 6, 2012

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_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 10-CV-01189-LHK
ORDER REGARDING NOTICE OF SETTLEMENT