Reynolds et al v. Hologic, Inc. et al

Filing 47

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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 REYNOLDS, et al., 6 7 Plaintiffs, v. 8 HOLOGIC, INC., et al., 9 No. C 11-0462 PJH ORDER RE PLAINTIFF’S OBJECTIONS TO PROPOSED SETTLEMENT Defendants. _______________________________/ 11 For the Northern District of California United States District Court 10 The court is in possession of a number of emails, sent from plaintiff Shella Leahy 12 (“Leahy”) to this court’s ADR office, which contain objections to the proposed FLSA 13 settlement in the above-captioned case. The court notes that Leahy’s emails attach 14 attorney-client privileged communications between Leahy and plaintiffs’ counsel. The court 15 further notes that, as a represented party, Leahy should not engage in ex parte 16 communications directly with the court. As such, the court cannot properly consider 17 Leahy’s objections in their current form. 18 However, the court finds that Leahy has raised a number of significant issues 19 regarding the proposed settlement, most notably a potential misrepresentation regarding 20 Leahy’s salary, which adversely affects her recovery under the terms of the proposed 21 settlement. The court will take Leahy’s objections under consideration if they are properly 22 filed, in letter form, without inclusion of any attorney-client privileged communications. The 23 court will consider any objections filed on or before September 7, 2012. Plaintiffs’ counsel 24 is ordered to serve a copy of this order on Ms. Leahy personally. 25 IT IS SO ORDERED. 26 Dated: August 28, 2012 27 28 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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