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Retiree Support Group of Contra Costa County v. Contra Costa County

United States District Court, N.D. California

August 8, 2016

RETIREE SUPPORT GROUP OF CONTRA COSTA COUNTY, MICHAEL SLOAN, DEBORAH ELITE, SUSANNE BEADLE, BILLIE JOE WILSON LKIN, ALYN GOLDSMITH, AND ALICE GROTHMANN, Plaintiffs,
v.
CONTRA COSTA COUNTY, Defendant.

          Jeffrey Lewis, SBN 66587 Attorneys for Plaintiffs and the Class

          Lorrie E. Bradley, SBN 309411 Attorneys for AFSCME Retiree Chapter 57

          Raymond F. Lynch, SBN 119065 Attorneys for Defendant Contra Costa County

          SUBMISSION RE OPT-OUT PROCESS AND [PROPOSED] ORDER

          JON S. TIGAR United States District Judge

         Pursuant to Paragraph 1 of the Court’s August 2, 2016 Order Adopting Curative Notice and Setting Distribution Schedule (ECF 202), the parties and AFSCME Retiree Chapter 57 hereby file this submission and proposed order. The parties and AFSCME Retiree Chapter 57 have met and conferred with regard to the within Settlement Administrator Procedure For Certain Opt-Outs and have agreed upon its form, including all attachments.

         The Court having reviewed the within documents, it is hereby ORDERED that the Settlement Administrator shall follow the procedure and use the forms set forth therein.

         IT IS SO ORDERED

         SIGNATURES UNDER GENERAL ORDER NO. 45

         Pursuant to General Order No. 45 of the United States District Court, Northern District of California, I, Jeffrey Lewis-the ECF User whose User ID and Password are used in the filing of this document-hereby attests that the concurrence to the filing of this document has been obtained from each of the other signatories to this document.

         Jeffrey Lewis, SBN 66587

         SETTLEMENT ADMINISTRATOR PROCEDURE FOR CERTAIN OPT-OUTS

         Pursuant to Paragraph 1 of the Court’s August 2, 2016 Order (ECF 202), the parties to this action and AFSCME Retiree Chapter 57 (“Chapter 57”) hereby submit to the Court the following proposed procedure regarding certain opt-outs that have been or may be submitted to the Settlement Administrator.

         1. This procedure applies to certain purported opt-outs submitted to the Settlement Administrator at any time from the date of mailing of the Court’s original Notice to the Class through the 5th business day after the mailing by the Settlement Administrator of the Corrective Notice ordered by the Court (“opt-outs”). These opt-outs are limited to those submitted by or on behalf of any person on the list produced to the Settlement Administrator by Chapter 57 pursuant to ECF 202.

         2. This procedure does not apply to any purported opt-outs that are in the form sent by Chapter 57, as the Court already has found those to be invalid and they shall not be submitted to the Court by the Settlement Administrator. The definition of “opt-outs” in Paragraph 1 above therefore shall not include such purported opt-outs.

         3. By the 7th business day after the date it mailed the Court’s Corrective Notice, the Settlement Administrator shall call each person who submitted an opt-out if the opt-out contains a telephone number. If there is no answer, the Settlement Administrator shall leave a voicemail message, if possible. If there is no voicemail possible or if the person submitting the opt-out does not reply within 48 hours, the Settlement Administrator shall call again.

         4. Upon reaching the person submitting the opt-out by telephone, the Settlement Administrator shall use the script attached hereto as Exhibit A. If the person has further questions, the Settlement ...


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