Colegio.fute Order

8/8/2019 Colegio.fute Order

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF PUERTO RICO

HERBERT W. BROWN III, et al.,

Plaintiffs

v.

COLEGIO DE ABOGADOS DE PUERTORICO,

Defendant

CIVIL NO. 06-1645 (JP)

ORDER

Before the Court is Plaintiffs’ motion ( No. 259) requesting

miscellaneous relief and Defendant’s opposition (No. 261). Said1

motion is hereby GRANTED IN PART AND DENIED IN PART.

In their motion, Plaintiffs request: (1) that the Court approve

the final class notice; (2) that the opt outs submitted by class

members prior to the issuance of the class notice not be considered;

and (3) that the Court approve Rust Consulting as the entity

responsible for tabulating all opt outs. Defendant Colegio de

Abogados de Puerto Rico (“Colegio”) opposes the motion and requests

that Plaintiffs’ motion be stayed or held in abeyance.

1. Also before the Court is Plaintiffs’ motion to compel ( No. 265) Defendant tocomply with the Court’s Order at docket 202 requiring Defendant to provide “thecurrent address of all members of the Colegio de Abogados from October 2002through December 2006[.]” Plaintiffs inform the Court that the address fieldis blank for over 1,000 class members in the Excel spreadsheet and in thedocuments filed with the Court containing the class members information. Saidmotion is GRANTED. On or before January 4, 2011, Defendant SHALL providePlaintiffs in Excel format the current or last known addresses of all classmembers which Defendant previously failed to provide to Plaintiffs.

Case 3:06-cv-01645-JP Document 269 Filed 12/29/10 Page 1 of 3



CIVIL NO. 06-1645 (JP) -2-

After considering all the arguments, the Court:

1. DENIES Colegio’s request to stay or hold in abeyance

the instant motion in its entirety.

2. SCHEDULES a Status Conference in the undersigned’s

chambers on January 11, 2011 at 4:00 p.m. to finalize

the remaining details prior to the issuance of the

class notice. At said conference, the Court will set

the dates on which: (1) the notices will be mailed by

Rust Consulting; (2) class members will have to

submit their opt outs to Rust Consulting; and (3) the

notice will be published.

3. APPROVES the final class notice. The document that

will serve as the final class notice is attached to

this Order and incorporates all the changes reflected

in docket number 237-1.

4. DENIES Plaintiffs’ request to preclude consideration

of the pre-notice opt outs submitted by individual

attorneys through CM-ECF.

5. HOLDS IN ABEYANCE Plaintiffs’ request to preclude

consideration of the approximately 1,200 pre-notice

opt outs in the possession of Colegio. Defendant

Colegio SHALL bring to the Status Conference said opt

outs in order for the Court to examine the documents

prior to issuing a ruling.




CIVIL NO. 06-1645 (JP) -3-

6. APPROVES Rust Consulting as the company to tabulate

all opt outs in the instant matter.

7. ORDERS Plaintiffs to file an informative motion, on

or before January 5, 2011, notifying the Court how

much time will be necessary for Rust Consulting to

complete the set up of the website and toll free

number, and the mailing of the class notices once

Rust Consulting has been provided with the Spanish

translation of the class notice. Also, if available

by said date, Plaintiffs SHALL provide the Court with

the web address for the informational website and the

toll free number to be set up by Rust Consulting.

IT IS SO ORDERED.

In San Juan, Puerto Rico, this 29 day of December, 2010.th

s/José Antonio FustéJOSÉ ANTONIO FUSTÉ

CHIEF U.S. DISTRICT JUDGE


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Colegio.fute Order