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)

Download PDF
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 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?