Free Shorten Time - District Court of California - California


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Date: August 14, 2008
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State: California
Category: District Court of California
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Case 3:08-cv-01361-JM-NLS

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Filed 08/14/2008

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BLUMENTHAL & NORDREHAUG Norman B. Blumenthal (State Bar #068687) Kyle R. Nordrehaug (State Bar #205975) Aparajit Bhowmik (State Bar #248066) 2255 Calle Clara La Jolla, CA 92037 Telephone: (858)551-1223 Facsimile: (858) 551-1232 UNITED EMPLOYEES LAW GROUP Walter Haines (State Bar #71705) 65 Pine Ave, #312 Long Beach, CA 90802 Telephone: (562) 256-1047 Facsimile: (562) 256-1006 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA NOEMEE GABISAN, on behalf of herself, and on behalf of all persons similarly situated, Plaintiff, vs. PELICAN PRODUCTS, INC.; and, Does 1 to 10, CASE No. 08 CV 1361 JM (NLS) PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR THE HEARING OF PLAINTIFF'S EMERGENCY MOTION FOR CORRECTIVE NOTICE TO MEMBERS OF PUTATIVE CLASS Judge: Dept.: Defendants. Hearing Date: Hearing Time: Hon. Jeffrey T. Miller Courtroom 16, 5th Flr September 19, 2008 1:30 p.m.

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PL'S EX PARTE APPLICATION FOR ORDER SHORTENING TIME RE PL'S EMERGENCY MOTION FOR CORRECTIVE NOTICE TO MEM BERS OF CLASS 08 CV 1361

Case 3:08-cv-01361-JM-NLS

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Filed 08/14/2008

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Plaintiff hereby applies ex parte for an order shortening time pursuant to Civ. L. R. 7.1(e)(5); The application is made to shorten the twenty eight (28) calendar day briefing schedule so that Plaintiff's Emergency Motion Regarding Corrective Notice to the Members of the Class, filed concurrently with the ex parte application for an order shortening time, may be heard twenty-two (22) days from the date of the filing of Plaintiff's Motion on September 5, 2008, with Defendant's Opposition to Plaintiff's Motion to be filed seven (7) days from the date of the filing of Plaintiff's Motion on August 21, 2008, and with Plaintiff's Reply to Defendant's Opposition to be filed four (4) days later on August 25, 2008. The hearing date is currently scheduled for September 19, 2008 at 1:30 p.m. The expedited briefing schedule is necessary to bring the Court's attention to the Defendant's improper solicitations of individual settlements with putative class members through misleading communications. The misrepresentations being made by Defendant are creating a likelihood of abuse, confusion, and an adverse effect on the administration of justice. "Courts are concerned that such communications may prevent class members from making informed decisions about exclusion." 3 Newberg on Class Actions, "Solicitations by Defense Counsel fo Exclusions and Individual Settlements," 15.19. To protect against misleading communications, courts may enjoin communications by defendants in order to prevent "misleading communications to class members [which]...pose a serious threat to the fairness of the litigation process." In re Asbestos Litig., 842 F.2d 671, 680 (3d Cir. 1988). In order to evaluate what corrective notice should be sent to the class members before the fairness of the litigation is further adversely affected, Plaintiff respectfully submits that an order shortening time is warranted for the Court to hear Plaintiff's Motion for Corrective Notice on September 5, 2008, pursuant to the supervisory powers endowed to the Court by Fed. R. Civ. Proc. 23(d). BLUMENTHAL & NORDREHAUG Dated: August 14, 2008 By: s/Norman B. Blumemthal Norman B. Blumenthal, Esq.

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PL'S EX PARTE APPLICATION FOR ORDER SHORTENING TIME RE PL'S EMERGENCY MOTION FOR CORRECTIVE NOTICE TO MEM BERS OF CLASS 08 CV 1361