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Smith v. Georgia Energy USA, LLC

United States District Court, S.D. Georgia, Brunswick Division

September 23, 2014

JONATHAN SMITH, et al., Plaintiffs,
v.
GEORGIA ENERGY USA, LLC, et al., Defendants.

ORDER

J. RANDAL HALL, District Judge.

On September 22, 2014, this Court held a telephonic status conference to address the timely issuance of notice to class members of this litigation in light of the dispositive motions pending before the Court. Based upon discussions at the hearing, the Court finds there is no longer any need to delay such notice and that it should take place as soon as possible. Therefore, in conformity with the instructions and deadlines outlined in the Court's November 11, 2009 Order adopting Plaintiffs' proposed notice (Doc. 131), the Court hereby ORDERS that:

Within TWENTY (20) DAYS of the date of this order, Class Counsel shall (1) mail notice in substantially the same form as shown in Exhibit A, which is attached to the Court's November 11, 2009 Order (Doc. 131), to those class members known to Class Counsel, or otherwise reasonably identifiable, (2) place the Court-approved notice on their website, and (3) begin publishing the notices in the newspapers[1] and websites, as set forth in their brief to the Court dated September 9, 2009 (Doc. 128, at 2-3).

Further, within SIXTY (60) DAYS of the date of this order, Class Counsel shall run at least twenty radio advertisements informing the public of this lawsuit. These announcements shall be broadcast on at least two separate radio stations, each of which should be one of the top five in market share in their respective markets, in either coastal Georgia or metropolitan Jacksonville, Florida, using Arbitron ratings data not more than one year old.[2]

The deadline for requests for exclusions and entries of appearances, pursuant to Federal Rule of Civil Procedure 23(c)(2), as set forth in the Class Notice, shall be NINETY (90) DAYS from the date of the initial mailing of the Class Notice. Within TWENTY (20) DAYS after the exclusion deadline, Class Counsel shall file an affidavit with the Clerk setting forth all persons or entities from whom exclusion requests have been received, identified by name and address.

ORDER ENTERED.


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