Opinion
MDL No. 3:10-md-02159-CRB
10-26-2011
INITIATIVE LEGAL GROUP APC
MÓNICA BALDERRA
VIA E-FILING
Magistrate Judge Jacqueline Scott Corley
United States District Court
450 Golden Gate Avenue
Courtroom E, 15th Floor
San Francisco, CA 94102
Dear Magistrate Judge Corley:
Pursuant to the Court's request at the October 7, 2011 Case Management Conference, the parties have been meeting and conferring regarding the discovery in this matter and, in particular, discovery regarding the names and contact information of putative class members (the "class list").
Currently, the parties appear to have reached a compromise regarding the class list, whereby Defendant will provide Plaintiffs with the portion of the class list in this action that overlaps with the list provided to the Claims Administrator in the Myart v. AutoZone action, subject to the mailing of a Belaire-West opt-out privacy notice.
Accordingly, the only issue remaining with respect to the class list is payment of the cost of mailing the Belaire-West notice. Plaintiffs are awaiting AutoZone's position on this issue, and anticipate having an answer by Monday, October 24, 2011. In the event the parties are unable to reach an agreement by Monday, October 24, 2011, Plaintiff anticipates submitting a letter brief to the Court on this issue no later than Wednesday, October 26, 2011, with Defendant's opposition due by November 2, 2011, and Plaintiff's reply due by November 7, 2011. The parties respectfully request that the Court modify the briefing schedule in the Amended Civil Minute Order following the October 7, 2011 case management conference, accordingly.
Respectfully Submitted,
Mónica Balderrama
INITIATIVE LEGAL GROUP, APC
Attorneys for Plaintiff Jimmy Ellison
Respectfully Submitted,
Anne-Marie Waggoner
LITTLER MENDELSON, P.C.
Attorneys for Defendant AutoZone
Judge Jacqueline Scott Corley