The opinion of the court was delivered by: LORD
CLASS ACTION ORDER NO. 71-9
ORDER DIRECTING RULE 23(c) (2) NOTICE TO CERTAIN CLASS MEMBERS
(City, County, State Entities and Institutions)
On February 9, 1971, this court filed Class Action Order No. 71-4, 333 F.Supp. 267, which determined, under Fed.R.Civ.P. 23(c) (1), that this action shall be maintained as a class action under Fed.R.Civ.P. 23(b) (3) by the plaintiff State for itself and as representative party for a class which was defined in that Order. The Order required the plaintiff State on or before February 19, 1971, to submit to the court a proposed form of notice, consistent with the requirements of Rule 23(c) (2) of the Federal Rules of Civil Procedure, and a proposed proof of claim form, to be directed to the members of the class represented. The defendants were required to submit their objections and suggestions within ten (10) days thereafter.
The parties have submitted and been heard on their proposals for notice and all such proposals have been reviewed and duly considered by the court.
Now, therefore, it is ordered: 1. The notice and proof of claim forms appended hereto are the best notice practicable under the circumstances to be sent to the members of the class consisting of the state, its departments, agencies, hospitals, institutions and political subdivisions and all counties, cities and other governmental entities within the state as defined in Class Action Order No. 71-4, filed February 9, 1971, and are in compliance with Rule 23(c) (2) of the Federal Rules of Civil Procedure.
2. On or before March 15, 1971, a notice and proof of claim form shall be sent by the Attorney General of the plaintiff state to each member of the class by first class mail, in penalty-free envelopes to be provided by the Clerk of the Court. If any class member as defined above is a party of record to this litigation, or has intervened in the litigation previously, service of this notice shall be made on counsel of record for such class members.
3. The Attorney General, on or before March 20, 1971, shall file with the Clerk of the Court a certificate of service setting forth the names and addresses of all members of the class to whom notice was sent.
4. The Attorney General, on or before April 20, 1971, shall file with the Clerk of the Court and make available to defendants any requests for exclusion from members of the class received in response to said notices.
5. The Attorney General, on or before May 20, 1971 shall file with the Clerk of the Court and make available to defendants all Notices of Intention to Assert a Claim received from class members.
6. The parties to the California and North Carolina actions shall set their own dates for the performance of each of the above described actions, but shall otherwise be governed by this Order.
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK