Sibley et al v. Sprint Nextel Corporation et al

Filing 808

ORDER TO SHOW CAUSE- Show Cause Response on or before 2/14/2018. The parties may reply on or before February 19, 2018. Signed by District Judge Kathryn H. Vratil on 2/6/2018. (ydm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ROXIE SIBLEY, et al.,

)
)
Plaintiffs,
)
v.
)
)
SPRINT NEXTEL CORPORATION, et al.,
)
)
Defendants.
)
__________________________________________)

CIVIL ACTION
No. 08-2063-KHV

ORDER TO SHOW CAUSE
On October 24, 2017, the parties filed a Stipulation For Dismissal Without Prejudice And
Revisions To Class List (Doc. #785) and a Stipulation For Dismissal With Prejudice Of Certain
Class Members (Doc. #786). In these stipulations, the parties agree to dismiss 4,749 identified class
members without prejudice and 7,581 identified class members with prejudice. The parties further
agree to send notice to the identified class members but fails to identify when such notice will be
sent. See Stipulation For Dismissal Without Prejudice (Doc. #785) at 2, ¶ 2; Stipulation For
Dismissal With Prejudice (Doc. #786) at 2, ¶ 2.
Rule 23(e) requires that “claims, issues, or defenses of a certified class may be settled,
voluntarily dismissed, or compromised only with the court’s approval.”

Further, under

Rule 23(e)(1), “[t]he court must direct notice in a reasonable manner to all class members who
would be bound by the proposal.” The Court retains wide discretion concerning the content and
form of Rule 23(e) notice. Gottlieb v. Wiles, 11 F.3d 1004, 1013 (10th Cir. 1993) overruled, in part,
on other grounds by Devlin v. Scardelletti, 536 U.S. 1 (2012). Rule 23(e) notice plays a critical role
in cases such as this, where class members may suffer prejudice without any opportunity to be heard.
See Shelton v. Pargo, Inc., 582 F.2d 1298, 1303 (4th Cir. 1978) (“[T]he primary purpose of 23(e)
was to insure that an absentee class member, against whom an order of dismissal with prejudice

would be [r]es judicata, should be afforded an opportunity to be heard before any such order was
entered.”). Accordingly, the Court orders the parties to show cause why the Court should not
reserve its ruling on the stipulations until after the parties send the proposed notice to class members
the stipulations would dismiss. The parties shall respond to this Order To Show Cause on or before
February 14, 2018. The parties may reply on or before February 19, 2018.
IT IS SO ORDERED.
Dated this 6th day of February, 2018 at Kansas City, Kansas.
s/Kathryn H. Vratil
Kathryn H. Vratil
United States District Judge

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