Utility Consumers' Action Network et al v. Sprint Solutions, Inc. et al

Filing 121

ORDER RE SECOND SUPPLEMENTAL CLASS NOTICE. Signed by Judge Robert J. Bryan on 4/7/10. (jvl)

1 2 3 4 5 6 7 8 9 10 11 UTILITY CONSUMERS' ACTION NETWORK and ERIC TAYLOR, on 12 behalf of themselves, their members and/or all others similarly situated, as applicable, 13 Plaintiffs, 14 v. 15 SPRINT SOLUTIONS, INC.; SPRINT 16 SPECTRUM L.P.; SPRINT-NEXTEL CORPORATION, 17 Defendants. 18 19 20 21 orders: 22 23 1. Notice of the pendency of this class action and the proposed Based on the oral motion of plaintiffs and defendants, the Court hereby Case No. 07 CV 2231 RJB (JSP) ORDER RE SECOND SUPPLEMENTAL CLASS NOTICE Case Assigned To: Hon. Robert J. Bryan UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

24 settlement shall be sent to the 851 potential class members who were sent email notice, but 25 whose notice was "bounced back" to the Claims Administrator (the "Second Supplemental 26 Notice Group"); 27 28
W02-WEST:DN4\402576927.1 07 cv 2231 RJB (JSP)

-1-

ORDER RE SECOND SUPPLEMENTAL CLASS NOTICE

1

2.

Such notice shall be provided in accordance with this Court's

2 October 28, 2009 Order Preliminarily Approving Settlement and Class Notice Program, no 3 later than April 9, 2010, and shall inform the Second Supplemental Notice Group that, as 4 to the Second Supplemental Notice Group only, the following are the applicable dates and 5 deadlines: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3. The notice to the Second Supplemental Notice Group shall direct June 1, 2010 ­ Second Supplemental Notice Group claims period closes. May 17, 2010, 1:30 p.m. (or other date and time as the Court may set) ­ Hearing re motion for final settlement approval. (Hearing will be taken off calendar if no objections have been received from Second Supplemental Notice Group members.) May 13, 2010 ­ Last day for the Claims Administrator to file a list of parties who have requested exclusion from the settlement. May 13, 2010 ­ Last day for plaintiffs and defendants to file a supplemental reply memorandum addressing objections to the settlement asserted by Second Supplemental Notice Group members. May 10, 2010 ­ Last day to request exclusion from the settlement or object to the settlement.

26 recipients to www.sprintdatacardsettlement.com/suppnotice for information about the class 27 action and the proposed settlement. 28
W02-WEST:DN4\402576927.1 07 cv 2231 RJB (JSP)

-2-

ORDER RE SECOND SUPPLEMENTAL CLASS NOTICE

1

4.

Sprint shall begin providing Class Members with Distribution

2 Amounts under section 4.1.1 of the Settlement Agreement within five days of the time 3 within which to appeal has expired (or, in the case of an appeal, the appeal has been finally 4 resolved and the matter has returned to the jurisdiction of the District Court) with respect 5 to any and all orders of the Court. All Distribution Amounts shall have been provided no 6 later than completion of the first billing cycle thereafter. 7 8 5. Sprint shall pay the amounts awarded as attorneys' fees, class

9 representative fees, and costs, in accordance with section 4.9 of the Settlement Agreement, 10 within three days after any applicable time period within which to appeal has expired (or, 11 in the case of an appeal, the appeal has been finally resolved and the matter has returned to 12 the jurisdiction of the District Court) with respect to any and all orders of the Court. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
W02-WEST:DN4\402576927.1 07 cv 2231 RJB (JSP)

IT IS ORDERED

Dated this 7th day of April, 2010.

A
ROBERT J. BRYAN

United States District Judge

-3-

ORDER RE SECOND SUPPLEMENTAL CLASS NOTICE