Netflix Class Action Dismissal
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Case 3:07-cv-00643-WHA
Document 70
Filed 10/10/2007
Page 1 of 2
1 2 3 4 5 6
IN THE UNITED STATES DISTRICT COURT
7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8
For the Northern District of California
United States District Court
9 10
IN RE NETFLIX ANTITRUST LITIGATION
11
_____________________________________/
12 13
This Document Relates To:
14
No. C 07-00643 WHA No. C 07-01266 WHA No. C 07-01978 WHA
15
No. C 07-00643 WHA
ORDER RE NOTICE TO ABSENT PUTATIVE CLASS MEMBERS
/
16 17
The Court has received plaintiffs’ and defendant’s responses to the Court’s order to
18
show cause why the above-captioned actions should not be dismissed, and addressing the
19
question of notice to absent putative class members.
20
Since no class has been certified, Rule 23(e) does not mandate notice to absent class
21
members. Here, since this action received some press, some absent class members may have
22
refrained from filing their own actions because they were depending on these actions to toll the
23
statute of limitations. Because of this, before judgment is entered in this action, plaintiffs are
24
required to give notice of the termination of these actions using the same channels that were
25
used to publicize these actions at their outset.
26
No later than OCTOBER 17, 2007, plaintiffs shall file with the Court a plan for giving
27
such notice to absent class members taking care to make sure that the end of these actions gets
28
as much attention as their start. After this plan is approved and implemented, these actions will
Case 3:07-cv-00643-WHA
Document 70
Filed 10/10/2007
Page 2 of 2
1
be dismissed. This order does not, however, affect the Vargas action, No. C 07-03802. The
2
case management conference in that action remains set for October 25, 2007, at 11:00 a.m.
3 4
IT IS SO ORDERED.
5 6 7
Dated: October 10, 2007.
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
8 9
11 For the Northern District of California
United States District Court
10
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
Document 70
Filed 10/10/2007
Page 1 of 2
1 2 3 4 5 6
IN THE UNITED STATES DISTRICT COURT
7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8
For the Northern District of California
United States District Court
9 10
IN RE NETFLIX ANTITRUST LITIGATION
11
_____________________________________/
12 13
This Document Relates To:
14
No. C 07-00643 WHA No. C 07-01266 WHA No. C 07-01978 WHA
15
No. C 07-00643 WHA
ORDER RE NOTICE TO ABSENT PUTATIVE CLASS MEMBERS
/
16 17
The Court has received plaintiffs’ and defendant’s responses to the Court’s order to
18
show cause why the above-captioned actions should not be dismissed, and addressing the
19
question of notice to absent putative class members.
20
Since no class has been certified, Rule 23(e) does not mandate notice to absent class
21
members. Here, since this action received some press, some absent class members may have
22
refrained from filing their own actions because they were depending on these actions to toll the
23
statute of limitations. Because of this, before judgment is entered in this action, plaintiffs are
24
required to give notice of the termination of these actions using the same channels that were
25
used to publicize these actions at their outset.
26
No later than OCTOBER 17, 2007, plaintiffs shall file with the Court a plan for giving
27
such notice to absent class members taking care to make sure that the end of these actions gets
28
as much attention as their start. After this plan is approved and implemented, these actions will
Case 3:07-cv-00643-WHA
Document 70
Filed 10/10/2007
Page 2 of 2
1
be dismissed. This order does not, however, affect the Vargas action, No. C 07-03802. The
2
case management conference in that action remains set for October 25, 2007, at 11:00 a.m.
3 4
IT IS SO ORDERED.
5 6 7
Dated: October 10, 2007.
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
8 9
11 For the Northern District of California
United States District Court
10
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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