Hook v. Baker

Full title: ROBERTA J. HOOK, et al., Plaintiffs, v. DEL BAKER, dba Del's Auto Sales…

Court: United States District Court, S.D. Ohio, Eastern Division

Date published: Sep 13, 2004

Case No. C2-02-CV-901 (S.D. Ohio Sep. 13, 2004)

Opinion

Case No. C2-02-CV-901.

September 13, 2004

ORDER

GREGORY L. FROST, District Judge

The Court granted Class Plaintiffs' Motion to Require Defendant to Pay the Costs of Class Notice on September 1, 2004. (Doc. # 76). Part of that Order directed the named class plaintiffs to file with the Court and with defendant proof of the specific reasonable cost involved to comply with the Court's June 29, 2004 Opinion Order approving the contents of the class notice." (September 1, 2004 Opinion Order 6-7, Doc. # 76) (emphasis added). Pursuant to the September 1, 2004 Opinion Order, the named class plaintiffs filed proof of the cost of notice with the Court and with defendant on September 8, 2004. (Doc. # 78). The Court has reviewed class plaintiffs' filing with respect to the cost of the class notice. Because the Court finds it to be unreasonable, the Court sua sponte issues this order modifying the amount defendants owe plaintiffs to cover the cost of the class notice.

There are a total of 330 class members. (Pls.' Notice of Cost 3). Class plaintiffs request a total of $3457.10 to cover the cost of notice to those members. Id. at 4. The following is a breakdown of that sum:

1. Postage: .37(330) = $122.10

2. Temporary Employee to stuff and address envelopes = $500.00

3. Newspaper Publication in The Newark Advocate for seven (7) days at $405/day = $2835

Id. at 3-4.

The Court holds that $122.10 is reasonable for postage. However, $500.00 for a temporary employee is not reasonable. Any costs associated with making 330 copies of the notice, and with stuffing and addressing 330 envelopes is to be borne by the plaintiffs. Finally, there is no need for the notice to run seven (7) days. Rather, the named plaintiffs shall cause the notice to be published in The Newark Advocate a total of two days, once each in two consecutive weeks, with at least one of those days being a Sunday. The Court holds that the newspaper publications, in combination with mailing the notice to the individual class members at their last known address, is notice "reasonably calculated . . . to apprise interested parties of the pendency of the action." Mullane v. Central Hanover Bank Trust Co., 339 U.S. 306, 314 (1950). Accordingly, defendant owes the plaintiffs the following reasonable sum to cover the cost of class notice:

1. Postage — $ 122.10 2. Newspaper Publication — $ 810.00 ________ TOTAL: — $ 932.10

CONCLUSION

Defendant shall provide plaintiffs with $932.10 to cover the cost of class notice within five (5) business days of this Order. If defendant has already provided plaintiffs with $3457.10, the named class plaintiffs shall return the difference to defendant within five (5) business days of this Order. Again, the parties are reminded to act diligently, as trial remains set for November 15, 2004.

IT IS SO ORDERED.