Opinion
2:18-cv-02910-MCE-DB
09-07-2021
GLORIA CAVES and TAMIM KABIR, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. WALGREEN CO., Defendant.
Dated: August 26, 2021.
ORDER GRANTING MOTION OF DEFENDANT WALGREEN CO. FOR ORDER EXPANDING SCOPE OF CORRECTIVE NOTICE
MORRISON C. ENGLAND JR., SENIOR UNITED STATESTXSTRTCT JUDGE.
Presently before the Court is Defendant Walgreen Co.'s (“Defendant”) Motion to Modify Scope of Corrective Notice or, in the Alternative, to Reconsider or Clarify Order Granting Ex Parte Application for Corrective Notice to Class and Additional Opt-Out Period). Having considered the filings relevant to Defendant's request and the record in its entirety, it is hereby ORDERED that Defendant's Motion to Modify Scope of Corrective Notice is GRANTED and it is further ORDERED that:
(1) All opt-outs received by the Settlement Administrator from clients of Wynne Law Firm and Gallo LLP (“Gallo/Wynne”), counsel for
(2) Barbarito Vasquez, are declared ineffective;
(3) Gallo/Wynne shall bear the cost of a corrective letter in a form approved by the Court to be disseminated by the approved Settlement Administrator to all persons represented by Gallo/Wynne who opted out of the settlement of this matter (the “Gallo/Wynne Opt-Outs”);
(4) The corrective letter shall inform the Gallo/Wynne Opt-Outs that Gallo/Wynne had a conflict of interest during the opt-out period and may not have provided the Gallo/Wynne Opt-Outs with accurate information regarding whether or not to opt out of the settlement; and
(5) The corrective letter shall correct the false and misleading statements made by Gallo/Wynne in the Unapproved Notice, as previously ordered by this Court on January 20, 2021 (Dkt 66).
(6) The new opt-out period shall be thirty (30) days from the date the corrective letter is sent to the Gallo/Wynne Opt-Outs.
IT IS SO ORDERED.