Judge Alsup issued an order Sunday afternoon expressing more concerns with how Bartz Class Counsel has implemented the claims process for people within the class.
Today’s concern is with how already 60,000 works in the class, or over 12%, have been subject to claims. Usually that decent percentage of class participation would be a positive sign.
But Judge Alsup is worried that these claims occurred (i) before direct notice has been sent to each class member (which is about to go out once approved) (ii) potentially with inadequate information about class member’s right to opt out and a direct link to where each class member can opt out:
Judge William Alsup
In preparing an order to address amendments to the class notice, the judge is concerned that claims for more than 60,000 works have been submitted by class members without the benefit of direct class notice having been disseminated.
In particular, it appears that those claimants were never advised that they had the right to opt out of the lawsuit. In this regard, the claim form itself makes no mention of the right to opt out, nor does it provide a direct link to a document that would clearly advise them of their right to opt out.
The judge does not remember ever being advised that tens of thousands of claims would ever be submitted before direct class notice was ever delivered. BY 5:00 P.M. TOMORROW, please point to the record where class counsel clearly advised the Court that this would happen.
I have to agree with Judge Alsup on this point.
The issue of the opt out process was just a major point of contention with the third-party ClaimsHero engaging in apparently misleading overtures to the Bartz class to have them opt out and enlist ClaimsHero to represent them in what Judge Alsup agreed with Class Counsel was a “bait and switch.” ClaimsHero, a law firm, has no experience as a counsel of record in federal or state court.
By the same token, the Bartz Class Counsel have an obligation on informing class members of their right to opt out and providing them an easy way for them to opt out, as Judge Alsup’s order today indicates.
If Judge Alsup finds anything deficient about the early claims for the 60,000 works, I wonder if claimants will have to do it all over again with the safeguards for opt outs the Judge requires. Such a do-over seems not too onerous given that Class Counsel already has the contact information for the claimants. Plus, there’s plenty of time left.
Let’s see what Class Counsel says in response to the Judge’s order by Monday, 5 p.m.
One thing is for sure: this case has been quite the rollercoaster.
Judge Alsup’s Order:
Related Stories