REARDON v. CLOSETMAID CORPORATION et al

Filing 66

ORDER approving 64 Notice of Proposed Plan and Form of Class Notice as the Court finds that said notice provides the best notice practicable under the circumstances as required by Fed.R.Civ.P. 23(c)(2)(B) and that it complies with Fed.R.Civ.P. 23(c )(2)(B)(i) (vii) because it explains the nature of the action, explains the definition of the class and subclass certified, explains the class claims, issues or defenses, explains that a class member may enter an appearance through an attorney if th e member so desires, explains that the court will exclude from the class any member of who requests exclusion, explains the time and manner for requesting exclusion and explains the binding effect of a class judgment on members under Rule 23(c)(3); S aid notice further complies with Rule 23 (c)(2)(B) because it will be disseminated by First Class mail and will be supplemented by referring class members to a website which contains additional information; By no later than 2/16/2012, defendant shal l produce the names, addresses, applications, employment or personnel files, and documents related to the application for and/or denial of employment with respect to persons within the Disclosure Class and Pre-Adverse Action Sub-class as defined in t he Court's Memorandum and Order, dated 9/6/2011; Upon receipt of the class member records, plaintiff shall prepare a list of the names and addresses of all persons within the Disclosure Class and Pre-Adverse Action Sub-class; Plaintiff shall u pdate the Class List using the National Change of Address Database or similar database to obtain the most recent address of the class members; Plaintiff shall complete the Class List no later than 4/2/2012; Plaintiff shall promptly provide the Class List to defendant for review and comment; Defendant shall have until no later than 4/23/2012 to serve and file comments or objections to the Class List; Plaintiff shall thereafter send the notice to each class member at the address on the Class List ; For any notices returned as undeliverable, plaintiff shall engage the services of a commercial resources entity to obtain a current mailing address for the class members whose notices have been returned; Plaintiff shall promptly redeliver the not ice to the more current address; Any class member who wishes to opt-out of the class must mail their request for exclusion, postmarked no later than forty-five (45) days after the date the notice is mailed, to counsel of record. Signed by Chief Judge Gary L. Lancaster on 1/23/12. (map)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
R. CATHY REARDON, on behalf
Of herself an all similarly
Situated individuals,

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Plaintiffs,
v.
CLOSETMAID CORPORATION,
Defendant.

Civil Action No. 08-1730

ORDER
AND

NOW,

23rd

this

day

of

January,

2012,

upon

consideration of plaintiff’s Proposed Plan and Form of Class
Notice, [doc. No. 64], IT IS HEREBY ORDERED THAT:
(1)

The

court

finds

that

plaintiff’s

Proposed

Plan and Form of Class Notice will provide the “best notice
practicable

under

the

circumstances”

as

required

by

the

of

Fed.R.Civ.P. 23(c)(2)(B);
(2)
notice

The

court

which

was

attached

Proposed

Plan

and

Form

further
as

of

finds

Exhibit

Class

that
A

Notice

to

form

plaintiff’s

[doc.

No.

64]

complies with Fed.R.Civ.P. 23(c)(2)(B)(i) – (vii) because
it

explains

the

nature

of

the

action,

explains

the

definition of the class and subclass certified, explains
the class claims, issues or defenses, explains that a class
member may enter an appearance through an attorney if the