Li v. A Perfect Day Franchise, Inc

Filing 468

ORDER Regarding Class Notice. Signed by Judge Lucy H. Koh on 4/10/2012. (lhklc2, COURT STAFF) (Filed on 4/10/2012)

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
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.
)
)

Case No.: 5:10-CV-01189-LHK

ORDER REGARDING NOTICE OF
SETTLEMENT

Plaintiffs have filed a revised class notice to be distributed to the class in compliance with
this court’s April 6, 2012 Order. ECF No. 464, 466.

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The Court is still concerned that there are several issues with the class notice that must be

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addressed before it can be distributed to the class. First, in Section 2 (“What Is This Class Action

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Lawsuit About?”), in the last sentence of the section, Plaintiffs should delete “Guifu Li, Lin Cui,

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Meng Yang, Fang Dai, and Zhong Yu” from the sentence so that the notice is consistent with the

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terms of the settlement that extinguish all claims all Plaintiffs may have against Tom Schriner.

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Second, in Section 3 (“How Will the Settlement Affect Me?”), Plaintiffs must clarify further how

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they anticipate the claims to be distributed to the class. Although the precise amount of recovery to

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each class member is not required, the notice must describe “the aggregate amount of the proposed

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settlement and the formula for computing recoveries” so that class members may make an
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Case No.: 10-CV-01189-LHK
ORDER REGARDING NOTICE OF SETTLEMENT

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informed decision regarding whether or not to opt out of the settlement. See Torrisi v. Tucson

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Elec. Power Co., 8 F.3d 1370, 1373-74 (9th Cir. 1993). Finally, the notice must include the total

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amount ($8,000), that counsel may seek to recover in attorneys’ fees from Tom Schriner’s $20,000

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cash payment.

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By Tuesday, April 10, 2012 at 7:00 p.m., Plaintiffs shall file a revised Notice. Defendant
may file any objection to the revised notice no later than Wednesday, April 11, 2012 at noon.

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Additionally, Plaintiffs shall e-mail an electronic copy of the Notice to the Court’s proposed order

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inbox.

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IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: April 10, 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