Opinion
Case No. 06-C-918.
March 24, 2008
ORDER
Plaintiffs, through their undersigned attorneys (hereinafter, collectively "Class Counsel"), filed Plaintiffs' Proposed Notice Plan on March 20, 2008. In that document, Class Counsel provides background regarding their efforts to obtain the names and addresses of Class members. Class Counsel also attached proposed Notices that are intended to be mailed to Class members on or before July 15, 2008.
The Court has reviewed Plaintiffs' Proposed Notice Plan and the proposed Notices attached thereto, and finds that the plan is reasonable under the circumstances of this case.
Given Secured Funding's refusal to comply with the Court's Order compelling discovery dated August 2, 2007, and the need for Class Counsel to obtain the names and addresses of Class members by seeking additional discovery from Secured Funding and/or third parties;
IT IS HEREBY ORDERED:
1. Plaintiffs shall have until July 1, 2008, to seek additional discovery from Secured Funding and other third parties (such as Experian Information Solutions, Inc.) as part of their effort to obtain names and addresses of Class members.
2. On or before July 15, 2008, Plaintiffs shall provide Notice by United States First-Class mail, in the form attached to the Plaintiffs' Proposed Notice Plan as Exhibit A, to all Class members for whom it is able to obtain names and addresses through the above-described discovery.
3. In the event any third party having possession of the names and addresses of Class members refuses to release those names and addresses to Class Counsel, Plaintiffs shall instruct those third parties to provide notice, by United States First-Class mail, on or before July 15, 2008, in a form substantially similar to Exhibit B attached to the Plaintiffs' Proposed Notice Plan, and Class Counsel shall advance the reasonable costs of such notice, subject to the right to seek reimbursement for such notice costs from any amounts that Plaintiffs or Class Counsel collect from Secured Funding or any other responsible party in connection with this matter.
4. Class Counsel will advance the reasonable costs of the Notice program described above, subject to the right to be reimbursed for such costs by Secured Funding and/or any responsible parties associated with Secured Funding (including, without limitation, any insurance, surety or bonding companies).