Ferrington et al v. McAfee, Inc.

Filing 98

Second Supplemental ORDER Regarding Edits to Proposed Class Notice. Signed by Judge Lucy H. Koh on 8/12/2011. (lhklc1, COURT STAFF) (Filed on 8/12/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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MELISSA FERRINGTON, CHERYL
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SCHMIDT, CHRISTOPHER BENNETT AND )
CHRISTI HALL,
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Plaintiffs,
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v.
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MCAFEE, INC., ARPU, INC., D/B/A
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TRYANDBUY.COM,
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Defendants.
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Case No.: 10-CV-001455-LHK

SECOND SUPPLEMENTAL ORDER
REGARDING EDITS TO PROPOSED
CLASS NOTICE

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As a supplement to the Court’s Orders of August 4, 2011, Dkt. No. 92, and August 5, 2011,

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Dkt. No. 93, the Court hereby requests that, by August 16, 2011, 5:00 p.m. PST, the parties make

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the following additional changes:

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1)

On page 3 of Dkt. No. 96, Ex. A, under “CERTIFICATION,” add language so that

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the second paragraph reads: “The information I have supplied in the form above is true

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and correct and the proof of payments, if any, accurately reflects charges I paid. I

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declare under penalty of perjury under the laws of the United States and the State of

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California that all the information set forth above is true and correct.”

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2)

On page 7 of Dkt. No. 96, Ex. B2, under ¶ 2 of Question 10, add language so that it

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reads: “If you are unable to file a Claim Form online, you may mail the following

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documents to the address listed on the Claim Form: (1) the Claim Form and (2) Your

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Case No.: 10-CV-001455-LHK
SECOND SUPPLEMENTAL ORDER REGARDING EDITS TO PROPOSED CLASS NOTICE

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proof of payment record, if any, for the Software (by means of a copy of your credit

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card charge statements or copies of a confirmation page from Arpu confirming

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payment). Your mailed Claim Form must be post-marked by ____. Please understand

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that Claim Forms received by mail will take longer to process and may delay your

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Settlement benefits. Keep a copy of your payment records and statement. If you do not

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have a proof of payment record you may still make a claim, but you must establish

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your identity by providing an email address and/or street address that matches the

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records of Defendants.”

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United States District Court
For the Northern District of California

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IT IS SO ORDERED.

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Dated: August 12, 2011

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 10-CV-001455-LHK
SECOND SUPPLEMENTAL ORDER REGARDING EDITS TO PROPOSED CLASS NOTICE