Corcoran et al v. CVS Health Corporation

Northern District of California, cand-4:2015-cv-03504

ADMINISTRATIVE MOTION RE MOTION TO EXTEND EXCLUSION DEADLINE FOR CERTAIN CLASS MEMBERS re [409] Order, Approving Forms of Class Notice filed by Debbie Barrett, Tyler Clark, Robert Garber, Robert Jenks, Darlene McAfee, Stephen Sullivan, Carl Washington. Responses due by 4/7/2020.

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Bonny E. Sweeney (Cal. Bar No. 176174) Robert B. Gilmore (admitted pro hac vice) 1 HAUSFELD LLP Edward H. Meyers (admitted pro hac vice) 2 600 Montgomery St., Suite 3200 STEIN MITCHELL BEATO & MISSNER LLP San Francisco, California 94111 901 15th St., N.W., Suite 700 3 Tel: 415-633-1908 Washington, D.C. 20005 Fax: 415-358-4980 Tel: 202-737-7777 4 bsweeney@hausfeld.com Fax: 202-296-8312 rgilmore@steinmitchell.com 5 Richard Lewis (admitted pro hac vice) emeyers@steinmitchell.com 6 Sathya S. Gosselin (Cal. Bar No. 269171) HAUSFELD LLP Elizabeth C. Pritzker (Cal. Bar No. 146267) 7 1700 K St. NW, Suite 650 Jonathan K. Levine (Cal. Bar No. 220289) Washington, D.C. 20006 Caroline C. Corbitt (Cal. Bar No. 305492) 8 Tel: 202-540-7200 PRITZKER LEVINE LLP Fax: 202-540-7201 1900 Powell Street, Suite 450 9 rlewis@hausfeld.com Emeryville, California 94608 10 sgosselin@hausfeld.com Tel. 415-692-0772 Fax. 415-366-6110 11 ecp@pritzkerlevine.com jkl@pritzkerlevine.com 12 ccc@pritzkerlevine.com 13 Class Counsel 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 16 OAKLAND DIVISION 17 Christopher Corcoran, et al., on behalf of Case No. 4:15-cv-03504-YGR-JSC 18 themselves and others similarly situated, CLASS ACTION 19 Plaintiffs, PLAINTIFFS' LOCAL RULE 7-11 20 v. ADMINISTRATIVE MOTION RE MOTION TO EXTEND EXCLUSION 21 CVS Pharmacy, Inc., DEADLINE FOR CERTAIN CLASS MEMBERS 22 Defendant. 23 24 25 26 27 28 PLAINTIFFS' ADMINISTRATIVE MOTION CASE NO. 4:15-CV-03504-YGR 1 INTRODUCTION 2 Pursuant to Civil Local Rule 7-11 and paragraph 3 of this Court's Standing Order in Civil 3 Cases, Plaintiffs Tyler Clark, Robert Garber, Robert Jenks, Debbie Barrett, Carl Washington, 4 Darlene McAfee and Stephen Sullivan (collectively, "Plaintiffs") respectfully submit the following 5 unopposed administrative motion for a limited extension of the exclusion date established by the 6 Court's December 3, 2019 Order Approving Forms of Class Notice (Dkt. No. 409) (the "Notice 7 Order") only for those class members for whom notice has not yet been provided, to allow those 8 class members an adequate opportunity to exclude themselves from the classes after notice has been 9 mailed. Defendant CVS Pharmacy, Inc. does not object to the relief sought herein. 10 There is good cause for granting the relief sought. As set forth in the accompanying 11 Declaration of Jonathan K. Levine in Support of Plaintiffs' Administrative Motion ("Levine Decl."), 12 Plaintiffs, together with the claims administrator Angeion, have been diligent in their efforts to 13 provide notice of the pendency of this action to all 6.2 million potential class members in the six 14 class states, and were able to provide notice to almost all potential class members within the schedule 15 contemplated by the Notice Order. See Levine Decl., ¶¶ 3-5. There remain, however, 4,706 class 16 members who have not yet received notice because initial attempts to contact them by email and 17 mail were unsuccessful. Angeion is prepared to re-mail the notice of pendency to these individuals, 18 if new addresses are available, but the exclusion deadline has now passed. Id., ¶ 8. In order to 19 provide these individuals with an adequate opportunity to exclude themselves from the classes after 20 notice has been mailed, Plaintiffs request that the exclusion deadline be extended (only for these 21 individuals) to May 30, 2020. 22 For the reasons set forth below and in the accompanying Levine Declaration, this motion 23 should be granted and the exclusion deadline for certain potential class members who have not yet 24 received class notice should be extended to May 30, 2020. 25 ARGUMENT 26 On December 3, 2019, the Court entered the Notice Order, which, among other things, 27 approved the forms of notice to be provided to class members, ordered Angeion to begin distributing 28 PLAINTIFFS' ADMINISTRATIVE MOTION CASE NO. 4:15-CV-03504-YGR 2 1 class notice and to activate a dedicated case website within 14 days of the Notice Order, and 2 provided that any class members who wished to request exclusion from the classes needed to do so 3 within 75 days of the initial distribution of class notice. See Dkt. No. 409. 4 Pursuant to the Notice Order, Angeion sent the notice of pendency to approximately 4.5 5 million email addresses starting on December 17, 2019 and ending on December 20, 2019. The 6 dedicated case website also went live on December 17, 2019. Levine Decl., ¶ 3. Starting on January 7 14, 2020 and ending on January 16, 2020, Angeion sent the notice of pendency to approximately 8 2.3 million postal addresses by first class mail. Id., ¶ 4. On February 18, 2020, Angeion sent the 9 notice of pendency to approximately 250,000 postal addresses by first class mail. This last mailing 10 represented some of the individuals for whom the initial mailed notice was returned as 11 undeliverable. Id., ¶ 5. 12 Based on the December 17, 2019 initial distribution of class notice, the exclusion deadline 13 was March 2, 2020. As of that date, 667 class members had timely requested exclusion from the 14 classes. Levine Decl., ¶¶ 6-7. There remain 4,706 additional class members for whom the initial 15 mailed notice was returned as undeliverable. Angeion is prepared to resend the notice of pendency 16 to these individuals, if new postal addresses are available, subject to an extension of the exclusion 17 date. Id., ¶ 8. 18 Extending the exclusion date for these individuals will not impact the pretrial schedule or 19 trial date, which has now been moved from April to August 2020. Finally, Plaintiffs have conferred 20 with CVS about the relief requested herein and CVS does not oppose extending the exclusion date 21 for this group of potential class members. Levine Decl., ¶¶ 9-10. 22 CONCLUSION 23 For all of the foregoing reasons, this motion should be granted and the exclusion date for 24 potential class members who have not yet received notice should be extended to May 30, 2020. 25 26 Dated: April 3, 2020 Respectfully submitted, 27 28 PLAINTIFFS' ADMINISTRATIVE MOTION CASE NO. 4:15-CV-03504-YGR 3 1 By: /s/ Jonathan K. Levine By: /s/ Robert Gilmore Elizabeth C. Pritzker (Cal. Bar No. 146267) Robert B. Gilmore (admitted pro hac vice) 2 Edward H. Meyers (admitted pro hac vice) Jonathan K. Levine (Cal. Bar No. 220289) 3 Caroline C. Corbitt (Cal. Bar No. 305492) STEIN MITCHELL BEATO & MISSNER LLP PRITZKER LEVINE LLP 4 By: /s/ Bonny Sweeney 5 Bonny E. Sweeney (Cal. Bar No. 176174) 6 Richard Lewis (admitted pro hac vice) Sathya S. Gosselin (Cal. Bar No. 269171) 7 HAUSFELD LLP 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFFS' ADMINISTRATIVE MOTION CASE NO. 4:15-CV-03504-YGR 4