Pecover et al v. Electronic Arts Inc., No. 4:2008cv02820 - Document 210 (N.D. Cal. 2011)
Court Description: ORDER Granting 207 Stipulation Approving Class Notice Plan. Signed by Judge Claudia Wilken on 2/22/2011. (ndr, COURT STAFF) (Filed on 2/22/2011)
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Pecover et al v. Electronic Arts Inc. Doc. 210 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 OAKLAND DIVISION 13 14 GEOFFREY PECOVER and JEFFREY LAWRENCE, on behalf of themselves and a class of person similarly situated, Plaintiffs, 15 16 17 v. ELECTRONIC ARTS INC., a Delaware Corporation, 18 Defendant. 19 ) ) ) ) ) ) ) ) ) ) ) ) ) No. 08-cv-02820 CW STIPULATION AND ORDER APPROVING CLASS NOTICE PLAN ACTION FILED: June 5, 2008 20 21 22 23 24 25 26 27 28 010017-11 426492 V1 Dockets.Justia.com 1 2 WHEREAS on December 21, 2010, this Court issued an Order certifying a class pursuant to Federal Rule of Civil Procedure 23(b)(3); 3 4 WHEREAS in the December 21, 2010 Order, this Court required the parties to meet and confer, and file with the Court a draft notice within 60 days of the class certification order; 5 WHEREAS the parties have submitted a joint motion and agreed on the form, manner, 6 dates, and other matters related to providing notice of this class action to potential members of the 7 Class; 8 9 10 WHEREAS the proposed notice plan is also supported by the declaration of the proposed notice administrators, Larkspur Design Group and Gilardi & Co., LLC, experienced notice administrators; 11 WHEREAS the forms of the proposed Long Form Notice, Short Form Notice and Postcard 12 Notice are reflected in Exhibits B-C to the Declaration of Daniel Burke re Dissemination of Notice 13 to Class Members; 14 WHEREAS the parties have agreed that the “Triggering Date” for notice shall be the later 15 of this Court’s approval of the parties’ proposed notice and notice plan or the U.S. Court of 16 Appeals for the Ninth Circuit’s ruling on Defendant’s Federal Rule of Civil Procedure 23(f) 17 Petition; 18 WHEREAS Defendant will, no later than ten days from the Triggering Date, provide the 19 notice administrators with the available contact information of class members, including postal and 20 e-mail addresses; 21 WHEREAS Class Counsel will, no later than twenty days from the Triggering Date, cause 22 the content of the Short Form Notice to be sent via e-mail to those class members for whom an e- 23 mail address is available; 24 25 26 27 28 WHEREAS Class Counsel will, no later than twenty days from the Triggering Date, cause summary notice to be published in an appropriate nationwide publication; WHEREAS Class Counsel will, no later than twenty days from the Triggering Date, cause the notice to be published on the Internet, according to the terms of the proposed plan; [PROPOSED] ORDER APPROVING CLASS NOTICE PLAN – No. 08-cv-02820 CW 010017-11 426492 V1 -1- 1 WHEREAS Class Counsel will, no later than forty days from the Triggering Date, cause 2 postcards with the content of the Short Form Notice to be mailed on postcards to those class 3 members whose e-mail “bounced-back” and for whom it has postal addresses; 4 5 6 7 8 9 WHEREAS the deadline for class members to exclude themselves from the Class will be within one hundred days of the Triggering Date; WHEREAS Class Counsel will submit to the Court a list of class members seeking exclusion from the class within 130 days of the Triggering Date. NOW, THEREFORE, the Parties hereby stipulate that they agree to and will perform the above-identified matters related to class notice. 10 11 DATED: February 18, 2011 12 HAGENS BERMAN SOBOL SHAPIRO LLP By 13 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 shanas@hbsslaw.com 14 15 16 Stuart M. Paynter (226147) THE PAYNTER LAW FIRM PLLC 1200 G Street N.W., Suite 800 Washington, DC 20005 Telephone: (202) 626-4486 Facsimile: (866) 734-0622 stuart@smplegal.com 17 18 19 20 Steve W. Berman (Pro Hac Vice) HAGENS BERMAN SOBOL SHAPIRO LLP 1918 Eighth Avenue, Suite 3300 Seattle, WA 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 steve@hbsslaw.com 21 22 23 24 Class Counsel 25 26 DATED: February 18, 2011 27 28 /s/ Shana E. Scarlett SHANA E. SCARLETT LATHAM & WATKINS LLP By [PROPOSED] ORDER APPROVING CLASS NOTICE PLAN – No. 08-cv-02820 CW 010017-11 426492 V1 -2- /s/ Timothy L. O’Mara TIMOTHY L. O’MARA 1 Daniel M. Wall (102580) Kirsten M. Ferguson (252781) 505 Montgomery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 391-0600 Facsimile: (415) 395-8095 tim.omara@lw.com dan.wall@lw.com kirsten.ferguson@lw.com 2 3 4 5 6 Attorneys for Defendant Electronic Arts, Inc. 7 8 9 I, Shana E. Scarlett, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER APPROVING CLASS NOTICE PLAN. In compliance with General Order 45, X.B., I hereby attest that Timothy L. O’Mara has concurred in this filing. 10 * 11 14 15 16 17 18 19 20 21 22 23 Pursuant to the above stipulation and the joint motion submitted by the parties on February 18, 2011, including the supporting declaration of Daniel Burke, the Court finds that the proposed notice, which includes both a direct and indirect component, is the best notice that is practicable under the circumstances. The Court further finds that the proposed forms of notice meet the standards of Federal Rule of Civil Procedure 23(c)(2)(B), as it clearly and concisely states in plain and easily understood language, the nature of the action, the definition of the class certified, the class claims, issues or defenses, that a class member may enter an appearance through an attorney if the member so desires, that the Court will exclude from the class any member who requests exclusion, the time and manner for requesting exclusion and the binding effect of a class judgment on members under Federal Rule of Civil Procedure 23(c)(3). 24 25 26 27 28 * ORDER 12 13 * [PROPOSED] ORDER APPROVING CLASS NOTICE PLAN – No. 08-cv-02820 CW 010017-11 426492 V1 -3- 1 The proposed notice plan is approved, and the parties shall perform the above-identified 2 matters related to class notice. 3 IT IS SO ORDERED. 4 5 DATED: 2/22/2011 HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT COURT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING CLASS NOTICE PLAN – No. 08-cv-02820 CW 010017-11 426492 V1 -4- CERTIFICATE OF SERVICE 1 2 I hereby certify that on February 18, 2011, I electronically filed the foregoing with the 3 Clerk of the Court using the CM/ECF system which will send notification of such filing to the e- 4 mail addresses registered, as denoted on the attached Electronic Mail Notice List, and I hereby 5 certify that I have mailed the foregoing document or paper via the United States Postal Service to 6 the non-CM/ECF participants indicated on the attached Manual Notice List. 7 /s/ Shana E. Scarlett SHANA E. SCARLETT 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING CLASS NOTICE PLAN – No. 08-cv-02820 CW 010017-11 426492 V1 -5-
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