Opinion
Civil Action No. 04-2841.
June 6, 2005
ORDER
AND NOW, this 6th day of June, 2005, after a conference with counsel for all parties on June 1, 2005, at which the Court,inter alia, discussed with the parties the difficulties with the Court's initial draft of the class definition in ¶ 3 of its Order of May 31, 2005 ("the May 31 Order"), and the Court by Order of June 2, 2005 having directed counsel for the class and for UNITE to submit their proposed redraft of the class definition, and those parties having done so this day, and the Court concluding that the proposed redraft, while helpful, was nevertheless not sufficiently precise to give persons of ordinary intelligence sufficient notice as required by law, it is hereby ORDERED that, pursuant to Fed.R.Civ.P. 23(c)(1)(C), ¶ 3 of the May 31 Order is AMENDED to read as follows:
"3. Pursuant to Fed.R.Civ.P. 23(b)(3), a class is CERTIFIED to consist of: All persons whose personal information from motor vehicle records was knowingly obtained, used and/or disclosed, directly or indirectly, by UNITE or UNITE HERE between July 1, 2002 and August 2, 2004 to attempt to contact Cintas Corporation employees;".