Garvey v. Kmart Corporation
Filing
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ORDER REGARDING CLASS NOTICE re #96 Statement filed by Lisa Garvey, Kmart Corporation, #99 Errata filed by Lisa Garvey, #97 Statement filed by Kmart Corporation. Signed by Judge Alsup on August 6, 2012. (whalc1, COURT STAFF) (Filed on 8/6/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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LISA GARVEY, on behalf of herself and
others similarly situated,
Plaintiff,
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No. C 11-02575 WHA
ORDER REGARDING
CLASS NOTICE
v.
K-MART CORPORATION,
Defendant.
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/
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The parties have filed a joint plan for dissemination of class notice, a proposed form of
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class notice, and a proposed time table (Dkt. No. 96). These proposals are approved, subject to
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the modifications set forth below.
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1.
CLASS LIST.
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The parties’ class list adequately identifies members of the class (Dkt. Nos. 97, 99).
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After the opt-out period has closed, class counsel shall file an updated report on class size with
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the finalized class rosters appended.
ADMINISTRATOR.
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2.
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The parties’ joint proposal to designate Kurtzman Carson Consultants as the
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administrator for printing, dissemination of class notice, and receipt of requests for exclusion is
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APPROVED. Class counsel shall bear the full cost of the administrator, subject to possible
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reimbursement if the class prevails.
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3.
FORM OF CLASS NOTICE.
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The parties’ proposed class notice will be used subject to the following amendments.
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On the first page, add the follow sentence beneath “Notice of Pendency of Class
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Action”: A federal court has authorized this Notice. Please read it carefully.
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This is not a solicitation from a lawyer. Your rights are at stake and could be
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compromised.
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Also on the first page, after the sentence “According to Kmart’s employment
records, you may be a member of the Class,” add: This is the first, and possibly
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For the Northern District of California
United States District Court
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only, notice you will receive. Please read Section B below to inform yourself of
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what this means for you in terms of giving up control of any and all claim(s) you
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may have against defendant.
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Also on the first page, in Section B, emphasis to the class member that his or her
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employment with Kmart will not be affected: “Whatever option you choose will
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not affect your employment with Kmart if you are a current employee.”
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Also on the first page, in Section B.1, add: Counsel and lead plaintiff may be
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authorized to settle this case without necessarily further opportunity for class
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members to opt out. In that event, if the settlement is approved by the Court, you
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and all other class members would be bound by the settlement.
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MEANS OF DISSEMINATION.
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4.
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All class notices shall be sent as independent mailings via first class United States mail.
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Class notices shall be sent in distinctive envelopes that do not resemble junk mailings. The
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outside of each envelope shall state that it contains an important notice from the United States
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District Court. The return address on the envelopes shall be the address of the administrator but
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it shall indicate that the class notice was sent on behalf of the District Court. For example, the
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return address may read as follows:
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Important Class Action Notice from the Court
United States District Court for the Northern District of California
Class Action 11-2575 WHA
[ADMINISTRATOR NAME]
[ADMINISTRATOR ADDRESS]
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Class counsel must use the most up-to-date addresses of class members to ensure, prior to
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dissemination of the class notices, that the addresses listed are correct. Each notice shall contain
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a pre-stamped return envelope.
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SCHEDULE.
The parties may file objections to the tentative class notice by NOON ON AUGUST 8,
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For the Northern District of California
United States District Court
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5.
2012. After that time, the class notice and the schedule for dissemination of notice will be
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finalized.
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It is anticipated that the administrator will mail the class notices on or by August 8, 2012.
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The class members would then have until September 7, 2012, to opt out of the class action.
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Plaintiffs propose that class members be permitted to opt out by sending a letter via mail to the
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administrator. This will be allowed. All such letters shall be filed by counsel together with a
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summary list.
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IT IS SO ORDERED.
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Dated: August 6, 2012.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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