Lewis v. Huntington Bancshares Incorporated et al

Filing 61

ORDER APPROVING re 58 Joint Proposed Procedure for Notice, filed by Tom Lewis, The Huntington National Bank, Matthew Coulter. Signed by Judge Algenon L. Marbley on 7/19/2011. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

TOM LEWIS, et al.,

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Plaintiffs,
v.
THE HUNTINGTON NATIONAL BANK,
Defendant.

Case No. C2-11-CV-0058
JUDGE ALGENON L. MARBLEY
Magistrate Judge Terrence P. Kemp

ORDER
The Court granted conditional class certification in this matter on May 23, 2011 (Doc.
45). Pursuant to its powers to supervise distribution of notice to the conditional class, the Court
approved Notice and Consent to Join Forms (Doc. 52) and the Parties’ joint proposal for notice
by mailing (Doc. 53). The Court also approved the use of notice by email for formerly-employed
Mortgage Loan Officers (“MLOs”) but ordered the Parties to submit further details regarding the
specifics of the email distribution. This the Parties have done (Doc. 58).
According to the Parties’ proposal, Defendant Huntington will provide the Plaintiffs with
the name, address, dates of employment, and employment status for all MLOs employed
between May 23, 2008, and April 2, 2011. Huntington will also provide Plaintiffs the email
address for those MLOs no longer employed by Huntington. The Parties have agreed on the
information to be contained in the email, which will have attached to it a pdf of the Notice
already approved by the Court. The Notice shall be amended to provide that the MLOs may
return the Consent to Join Form by email or fax as well as by mail.
The Court in its discretion finds that the notice by email procedure proposed by the
Parties adequately addresses the Court’s earlier concerns. The Court accordingly APPROVES
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the Joint Proposed Procedure for Notice by Email (Doc. 58).

IT IS SO ORDERED.
s/Algenon L. Marbley
ALGENON L. MARBLEY
United States District Court Judge
DATE: July 19, 2011

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