Free Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

In re Allstate Insurance Company ) Fair Labor Standards Litigation ) )

MDL No. 1541 All Cases

ORDER re Clarification of Form of Class Notice and Implementing Order In reviewing the parties' proposed form of Order re Class Notice and Consent and form of Class Notice and Consent the Court has noticed some discrepancies and/or deficiencies it would like the parties to clarify through a joint memorandum. First, the proposed Joint Order re Class Notice and Consent states in the class definition on page one that the included adjuster positions are in "states other than California and New Jersey[,]" whereas the proposed form of Notice of Pendency of Collective Action and Right to Join states on page one that "State excluded from the Class: California." The parties shall clarify whether or not they have agreed to exclude New Jersey adjusters from the proposed class. Second, the proposed Joint Order re Class Notice and Consent states on page two that "the Defendant shall provide to [name of administrator] ("Administrator"), the names and last known addresses of all potential class members ...." The parties do not, however, state whether they have agreed upon an administrator and if so, the name of that administrator. The parties shall clarify whether they have agreed to use a third-party administrator, and if so, who, or
Document 133 Filed 04/05/2006 Page 1 of 2

Case 2:03-md-01541-PGR

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whether they mean to have the plaintiffs' lead liaison counsel act as the administrator. Third, since the Court is going to put exact dates in its order implementing the facilitation notice, the Court needs to know (a) the time frame the parties are contemplating between the receipt of the class members' names and addresses and the initial mailing, and (b) whether Allstate has provided the plaintiffs with the class members' names and addresses yet and if it has not, whether it actually needs thirty days to accomplish that task. The parties shall provide the Court with that information. Therefore, IT IS ORDERED that the parties shall no later than April 21, 2006 file a joint memorandum in accordance with this Order supplementing their proposed form of class notice and implementing order. DATED this 4th day of April, 2006.

Case 2:03-md-01541-PGR

Document 133

-2Filed 04/05/2006

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