Ferrington et al v. McAfee, Inc.

Filing 146

ORDER REGARDING EDITS TO PUBLICATION NOTICE, LONG FORM NOTICE, AND EMAIL NOTICE. Signed by Judge Lucy H. Koh on February 11, 2013. (lhklc1, COURT STAFF) (Filed on 2/11/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

10 MELISSA FERRINGTON and CHERYL
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SCHMIDT,
Plaintiffs,

Case No.: 10-CV-01455-LHK
and related case 11-CV-0721-LHK
CLASS ACTION

v.
ORDER REGARDING EDITS TO
PUBLICATION NOTICE, LONG FORM
NOTICE, AND EMAIL NOTICE

13 McAFEE, INC.,
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Defendant.

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The Court has reviewed the parties’ submission in connection with the Plaintiffs’ Motion for
Certification of Settlement Class and Preliminary Approval of Revised Settlement. See ECF No.
141. The Court ORDERS that, by February 14, 2013, Plaintiffs revise the proposed Publication
Notice (ECF No. 140-3), Long Form Notice (ECF No. 140-4), and Email Notice (ECF No. 140-5) as
follows:
1.

On page 2 of the Publication Notice, replace the sentence beginning “You may

choose to exclude” and ending “object to the settlement” with: “You may choose to exclude yourself
from the settlement if you wish to sue McAfee, Arpu and/or Iolo on your own and seek recovery
through litigation.

If you exclude yourself, you cannot make a claim for, or object to, the

settlement.”
2.

On page 3 of the Publication Notice, remove the lines requesting the undersigned’s

signature.
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Case No.: 10-CV-01455-LHK and related case 11-CV-0721-LHK
ORDER REGARDING EDITS TO PUBLICATION NOTICE, LONG FORM NOTICE, AND EMAIL NOTICE

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3.

On page 1 of the Long Form Notice, delete the extra period at the end of the first

2 sentence, which concludes with “be affected by it..”
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4.

On page 2 of the Long Form Notice, in the fifth cell of the table, in the sentence

4 beginning “Get no reimbursement,” insert the words “from the settlement” after the word
5 “certificate.”
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5.

On page 2 of the Email Notice, replace the sentence beginning with “You may

7 choose” and ending with “object to the settlement” with the following language: “You may choose
8 to exclude yourself from the settlement in order to bring your own lawsuit and seek recovery from
9 your own litigation. If you exclude yourself from the settlement, you cannot make a claim under the
10 settlement and cannot object to the settlement.”
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IT IS SO ORDERED.

February 11, 2013
13 Dated: February __, 2013

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Hon. Lucy Koh
United States District Judge

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Case No.: 10-CV-01455-LHK and related case 11-CV-0721-LHK
ORDER REGARDING EDITS TO PUBLICATION NOTICE, LONG FORM NOTICE, AND EMAIL NOTICE