Reynolds et al v. Hologic, Inc. et al
Filing
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ORDER re plaintiff's objections to proposed settlement. Signed by Judge Hamilton on 08/28/2012. (pjhlc2, COURT STAFF) (Filed on 8/28/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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REYNOLDS, et al.,
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Plaintiffs,
v.
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HOLOGIC, INC., et al.,
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No. C 11-0462 PJH
ORDER RE PLAINTIFF’S
OBJECTIONS TO PROPOSED
SETTLEMENT
Defendants.
_______________________________/
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For the Northern District of California
United States District Court
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The court is in possession of a number of emails, sent from plaintiff Shella Leahy
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(“Leahy”) to this court’s ADR office, which contain objections to the proposed FLSA
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settlement in the above-captioned case. The court notes that Leahy’s emails attach
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attorney-client privileged communications between Leahy and plaintiffs’ counsel. The court
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further notes that, as a represented party, Leahy should not engage in ex parte
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communications directly with the court. As such, the court cannot properly consider
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Leahy’s objections in their current form.
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However, the court finds that Leahy has raised a number of significant issues
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regarding the proposed settlement, most notably a potential misrepresentation regarding
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Leahy’s salary, which adversely affects her recovery under the terms of the proposed
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settlement. The court will take Leahy’s objections under consideration if they are properly
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filed, in letter form, without inclusion of any attorney-client privileged communications. The
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court will consider any objections filed on or before September 7, 2012. Plaintiffs’ counsel
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is ordered to serve a copy of this order on Ms. Leahy personally.
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IT IS SO ORDERED.
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Dated: August 28, 2012
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______________________________
PHYLLIS J. HAMILTON
United States District Judge
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