UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
September 28, 2011
IN RE: CHASE BANK USA, N.A. "CHECK LOAN" CONTRACT LITIGATION
The opinion of the court was delivered by: Hon. Maxine M. Chesney
[PROPOSED] ORDER DIRECTING DISSEMINATION OF CLASS NOTICE THIS DOCUMENT APPLIES TO ALL ACTIONS
Courtroom: Courtroom 7, 19th Floor
On May 13, 2011, the Court issued an Order Granting Plaintiffs' Motion to Certify Class (Docket No. 172). Pursuant to Fed. R. Civ. P. 23(c)(2), notice must be directed to the 3 members of the certified Class. With direction from the Court, the parties have now agreed upon 4 forms of Class notice and a plan for disseminating notice to the Class. The Court finds that the 5 proposed forms of notice and notice dissemination plan are reasonable and appropriate, and 6 satisfy Fed. R. Civ. P. 23 and due process requirements, and thus hereby ORDERS as follows:
Third-Party Notice Administrator
1. Class Notice shall be disseminated to the Class by a third-party Notice Administrator. The Court hereby appoints The Garden City Group, Inc. ("GCG") to serve as 10 third-party Notice Administrator. GCG shall carry out the responsibilities of the third-party Notice Administrator as set forth in this Order.
Forms of Notice
2. The Court approves the forms of class notice attached hereto as Exhibit A (summary notice) and Exhibit B (long-form notice for case website).
17 the third-party Notice Administrator, a Class List including the following information for each 18 Class member: name and last known mailing address. After receiving the Class List from Chase, 19 the Notice Administrator shall run all mailing addresses on the Class List through the U.S. Postal 20
Service's National Change of Address database and, by no later than November 30, 2011, send 21 the summary notice, substantially in the form attached hereto as Exhibit A, via United States mail 22 to Class members at their updated addresses. 23
4. For all Class members for whom the mailed summary notice is
with forwarding address information, the third-party Notice
Administrator shall re-mail summary 25 notice to the new address
28 website. Class members may obtain additional information about the case, the Class, and their Dissemination of Class Notice
3. By no later than November 11, 2011, Chase shall complete, and provide to Case Website
5. The third-party Notice Administrator shall establish and maintain a case rights and options by accessing the case website. The case website shall be operational by the 2 date the summary notice is sent to the Class. The case website shall include a long-form notice, 3 substantially in the form attached hereto as Exhibit B. The website shall also include links to the 4 following key documents from the case: the Master Consolidated Complaint, Chase's Answer 5 thereto, the Court's Order Granting in Part and Denying in Part Chase's Motion to Dismiss 6
Plaintiffs' Claims, and the Court's Order certifying the Class.
Opt-Out Rights for Class Members
6. Class members shall be able to opt-out of the Class by submitting a timely 9 request for exclusion to the third-party Notice Administrator, pursuant to the instructions set forth 10 in the summary and long-form notices. The opt-out deadline shall be the later of January 30, 2012 or 60 days after summary notice is mailed to the Class.
Costs of Notice Distribution
7. Plaintiffs shall be responsible for the third-party costs of notice. Plaintiffs 14 shall not be responsible for any internal Chase costs associated with notice distribution, including 15 any costs associated with Chase's creation and delivery of the Class List. 16 17 18
IT IS SO ORDERED.
The Honorable Maxine M. Chesney United States District Court Judge
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