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Post by moderndaycoach on Apr 24, 2019 8:57:00 GMT -5
In reading dockets and Court rulings, it appears communications with class members is a very hot topic and is one that is still being argued/defined. Defendants make a good point that many class members are current clients with daily interaction with defendants. The next couple of weeks should provide more insight. I will comment in thread as i add PACER docs to the google drive. more will definitely be added next week. I love the response that a SPRI employee said that people were stating that they never received the notice about the case but they wanted to opt out. Lol. I would expect this employee to be fired for sending an unapproved notice on behalf of the company if the owners of the company really knew nothing of the notice being sent out. Defendants acknowledge that the mass email from Mr. Gilb was improper www.courtlistener.com/docket/6318197/130/mullen-v-glv-inc/ Can Troy get in trouble for this or does it just hurt the case the butlers are trying to make?
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Post by Deleted on May 2, 2019 14:57:07 GMT -5
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LAURA MULLEN, individually and on behalf of all others similarly situated, Plaintiff, v. GLV, INC. d/b/a SPORTS PERFORMANCE VOLLEYBALL CLUB and GREAT LAKES CENTER, an Illinois corporation, RICKY BUTLER, an individual, and CHERYL BUTLER, an individual, Defendants. Case No. 18-cv-1465 Hon. Matthew F. Kennelly CONFIDENTIALITY ORDER A party to this action has moved that the Court enter a confidentiality order. The Court has determined that the terms set forth herein are appropriate to protect the respective interests of the parties, the public, and the Court. Accordingly, it is ORDERED: 1. Scope. All materials produced or adduced in the course of discovery, including initial disclosures, responses to discovery requests, deposition testimony and exhibits, 2 2. Confidential Information. (a) As used in this Order, “Confidential Information” means information designated as “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” by the producing party that falls within one or more of the following categories: (i) information prohibited from disclosure by statute; (ii) medical information concerning any individual; (iii) personal identity information; (iv) financial information concerning any individual, including income tax returns (including attached schedules and forms), W-2 forms and 1099 forms; (v) any and all information identifying Jane Doe as set forth in Plaintiff’s Complaint; and/or (vi) any and all communications sent to, received from, or exchanged between and among any victims of Rick Butler’s alleged sexual abuse, including those victims named in the Complaint, unnamed victims, and Jane Doe. Information or documents that are available to the public may not be designated as Confidential Information. 3. Designation. (a) A party may designate a document as Confidential Information for protection under this Order by placing or affixing the words “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” on the document and on all copies in a manner that will not interfere with the legibility of the document. As used in this Order, “copies” includes electronic images, duplicates, extracts, summaries or descriptions that contain the Confidential Information. The marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall be applied prior to or at the time of the documents are produced or disclosed. Applying the marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” to a document does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order. Where marking every page of a document is not reasonably Case: 1:18-cv-01465 Document #: 138 Filed: 05/02/19 Page 2 of 13 PageID #:3480 3 practicable, such as with certain native file documents, the party may designate material as “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” by informing the person to whom the material is provided, in writing in a clear and conspicuous manner at the time of production of such material, that such material is “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.” Any copies that are made of any documents marked “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall also be so marked, except that indices, electronic databases or lists of documents that do not contain substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked. (b) The designation of a document as Confidential Information is a certification by an attorney or a party appearing pro se that the document contains Confidential Information, as applicable, as such terms are defined in this order.1 4. Depositions. (a) Unless all parties agree on the record at the time the deposition testimony is taken, all deposition testimony taken in this case shall be treated as Confidential Information until the expiration of the following: No later than the fourteenth day after the transcript is delivered to any party or the witness, a party may serve a Notice of Designation to all parties of record as to specific portions of the testimony that are designated Confidential Information, and thereafter only those portions identified in the Notice of Designation shall be protected by the 1 An attorney who reviews the documents and designates them as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER must be admitted to the Bar of at least one state but need not be admitted to practice in the Northern District of Illinois unless the lawyer is appearing generally in the case on behalf of a party. By designating documents confidential pursuant to this Order, counsel submits to the jurisdiction and sanctions of this Court on the subject matter of the designation. Case: 1:18-cv-01465 Document #: 138 Filed: 05/02/19 Page 3 of 13 PageID #:3481 4 terms of this Order. The failure to serve a timely Notice of Designation shall waive any designation of testimony taken in that deposition as Confidential Information, unless otherwise ordered by the Court. 5. Protection of Confidential Material. (a) General Protections. Confidential Information shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in subparagraph (b) for any purpose whatsoever other than in this litigation, including any appeal thereof. In a putative class action, Confidential Information may be disclosed only to the named plaintiff(s) and not to any other member of the putative class unless and until a class including the putative member has been certified. (b) Limited Third-Party Disclosures of Confidential Information. The parties and counsel for the parties shall not disclose or permit the disclosure of any Confidential Information to any third person or entity except as set forth in subp 5 (6) Consultants and Experts. Consultants, investigators, or experts employed by the parties or counsel for the parties to assist in the preparation and trial of this action but only after such persons have completed the certification contained in Attachment A, Acknowledgment of Understanding and Agreement to Be Bound; (7) Witnesses at depositions. During their depositions, witnesses in this action to whom disclosure is reasonably necessary. Witnesses shall not retain a copy of documents containing Confidential Information, except witnesses may receive a copy of all exhibits marked at their depositions in connection with review of the transcripts. Pages of transcribed deposition testimony or exhibits to depositions that are designated as Confidential Information pursuant to the process set out in this Order must be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Order. (8) Author or recipient. The author or recipient of the document (not including a person who received the document in the course of litigation); (9) Case and settlement administrators. Case and/or settlement administrators employed by the parties or appointed by the Court, but only after such persons have completed the certification contained in Attachment A, Acknowledgement of Understanding and Agreement to Be Bound; and (10) Others by consent. Other persons only by written consent of the producing party or upon order of the Court and on such conditions as may be agreed or ordered. (c) Control of Documents. Counsel for the parties shall make reasonable efforts to prevent unauthorized or inadvertent disclosure of Confidential Information. Counsel shall maintain the originals of the forms signed by persons acknowledging their obligations under this Order for a period of three years after the termination of the case. 6. Inadvertent Failure to Designate. An inadvertent failure to designate a document as Confidential Information does not, standing alone, waive the right to so designate the document; provided, however, that a failure to serve a timely Notice of Designation of deposition testimony as required by this Order, even if inadvertent, waives any protection for deposition testimony. If a party designates a document as Confidential Information after it was Case: 1:18-cv-01465 Document #: 138 Filed: 05/02/19 Page 5 of 13 PageID #:3483 6 initially produced, the receiving party, on notification of the designation, must make a reasonable effort to assure that the document is treated in accordance with the provisions of this Order, including by destroying or returning to the designating party the non-designated copy of the document. No party shall be found to have violated this Order for failing to maintain the confidentiality of material during a time when that material has not been designated Confidential Information, even where the failure to so designate was inadvertent and where the material is subsequently designated Confidential Information. 7. Filing of Confidential Information. This Order does not, by itself, authorize the filing of any document under seal. Any party wishing to file a document designated as Confidential Information in connection with a motion, brief or other submission to the Court must comply with LR 26.2. 8. No Greater Protection of Specific Documents. Except on privilege grounds not addressed by this Order, no party may withhold information from discovery on the ground that it requires protection greater than that afforded by this Order unless the party moves for an order providing such special protection. 9. Challenges by a Party to Designation as Confidential Information. The designation of any material or document as Confidential Information is subject to challenge by any party. The following procedure shall apply to any such challenge. (a) Meet and Confer. A party challenging the designation of Confidential Information must do so in good faith and must begin the process by conferring directly with counsel for the designating party. In conferring, the challenging party must explain the basis for its belief that the confidentiality designation was not proper and must give the designating party an opportunity to review the designated material, to reconsider the designation, and, if no Case: 1:18-cv-01465 Document #: 138 Filed: 05/02/19 Page 6 of 13 PageID #:3484 7 change in designation is offered, to explain the basis for the designation. The designating party must respond to the challenge within five (5) business days. (b) Judicial Intervention. A party that elects to challenge a confidentiality designation may file and serve a motion that identifies the challenged material and sets forth in detail the basis for the challenge. Each such motion must be accompanied by a competent declaration that affirms that the movant has complied with the meet and confer requirements of this procedure. The burden of persuasion in any such challenge proceeding shall be on the designating party. Until the Court rules on the challenge, all parties shall continue to treat the materials as Confidential Information, as applicable, under the terms of this Order. 10. Action by the Court. Applications to the Court for an order relating to materials or documents designated Confidential Information shall be by motion. Nothing in this Order or any action or agreement of a party under this Order limits the Court’s power to make orders concerning the disclosure of documents produced in discovery or at trial. 11. Use of Confidential or Documents or Information at Trial. Nothing in this Order shall be construed to affect the use of any document, material, or information at any trial or hearing. A party that intends to present or that anticipates that another party may present Confidential Information at a hearing or trial shall bring that issue to the Court’s and parties’ attention by motion or in a pretrial memorandum without disclosing the Confidential Information. The Court may thereafter make such orders as are necessary to govern the use of such documents or information at trial. Case: 1:18-cv-01465 Document #: 138 Filed: 05/02/19 Page 7 of 13 PageID #:3485 8 12. Confidential Information Subpoenaed or Ordered Produced in Other Litigation. (a) If a receiving party is served with a subpoena or an order issued in other litigation that would compel disclosure of any material or document designated in this action as Confidential Information, the receiving party must so notify the designating party, in writing, immediately and in no event more than three court days after receiving the subpoena or order. Such notification must include a copy of the subpoena or court order. (b) The receiving party also must immediately inform in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is the subject of this Order. In addition, the receiving party must deliver a copy of this Order promptly to the party in the other action that caused the subpoena to issue. (c) The purpose of imposing these duties is to alert the interested persons to the existence of this Order and to afford the designating party in this case an opportunity to try to protect its Confidential Information in the court from which the subpoena or order issued. The designating party shall bear the burden and the expense of seeking protection in that court of its Confidential Information, and nothing in these provisions should be construed as authorizing or encouraging a receiving party in this action to disobey a lawful directive from another court. The obligations set forth in this paragraph remain in effect while the party has in its possession, custody or control Confidential Information by the other party to this case. 13. Challenges by Members of the Public to Sealing Orders. A party or interested member of the public has a right to challenge the sealing of particular documents that have been filed under seal, and the party asserting confidentiality will have the burden of Case: 1:18-cv-01465 Document #: 138 Filed: 05/02/19 Page 8 of 13 PageID #:3486 9 demonstrating the propriety of filing under seal. 14. Obligations on Conclusion of Litigation. (a) Order Continues in Force. Unless otherwise agreed or ordered, this Order shall remain in force after dismissal or entry of final judgment not subject to further appeal. (b) Obligations at Conclusion of Litigation. Within sixty-three (63) days after dismissal or entry of final judgment not subject to further appeal, all Confidential Information and documents designated as Confidential Information under this Order, including copies as defined in ¶ 3(a), shall be returned to the producing party unless: (1) the document has been offered into evidence or filed without restriction as to disclosure; (2) the parties agree to destruction to the extent practicable in lieu of return; 2 or (3) as to documents bearing the notations, summations, or other mental impressions of the receiving party, that party elects to destroy the documents and certifies to the producing party that it has done so. (c) Retention of Work Product and One Set of Filed Documents. Notwithstanding the above requirements to return or destroy documents, counsel may retain (1) attorney work product, including an index that refers or relates to designated Confidential Information so long as that work product does not duplicate verbatim substantial portions of Confidential Information, and (2) one complete set of all documents filed with the Court including those filed under seal. Any retained Confidential Information shall continue to be 2 The parties may choose to agree that the receiving party shall destroy documents containing Confidential Information and certify the fact of destruction, and that the receiving party shall not be required to locate, isolate and return e-mails (including attachments to e-mails) that may include Confidential Information, or Confidential Information contained in deposition transcripts or drafts or final expert reports. Case: 1:18-cv-01465 Document #: 138 Filed: 05/02/19 Page 9 of 13 PageID #:3487 10 protected under this Order. An attorney may use his or her work product in subsequent litigation, provided that its use does not disclose or use Confidential Information. (d) Deletion of Documents Filed under Seal from Electronic Case Filing (ECF) System. Filings under seal shall be deleted from the ECF system only upon order of the Court. 15. Inadvertent Production of Privileged Documents. Production of documents subject to a claim of privilege or of protection as trial preparation will not prejudice or otherwise constitute a waiver of, or estoppel as to, any claim of privilege or work-product immunity for such documents either in connection with this litigation or in any other state or federal proceeding. 16. Order Subject to Modification. This Order shall be subject to modification by the Court on its own initiative or on motion of a party or any other person with standing concerning the subject matter. 17. No Prior Judicial Determination. This Order is entered based on the representations and agreements of the parties and for the purpose of facilitating discovery. Nothing herein shall be construed or presented as a judicial determination that any document or material designated Confidential Information by counsel or the parties is entitled to protection under Rule 26(c) of the Federal Rules of Civil Procedure or otherwise until such time as the Court may rule on a specific document or issue. 18. Persons Bound. This Order shall take effect when entered and shall be binding upon all counsel of record and their law firms, the parties, and persons made subject to this Order by its terms. Case: 1:18-cv-01465 Document #: 138 Filed: 05/02/19 Page 10 of 13 PageID #:3488 11 So Ordered. Date: 5/2/2019 __________________________________ U.S. District Judge
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Post by deohge on May 6, 2019 11:21:18 GMT -5
Lawyer fees are adding up for Mr Butler Great insight. 🙄
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Post by why on May 6, 2019 12:43:15 GMT -5
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Date: 5/2/2019 __________________________________ U.S. District Judge The HAMMER is coming The public is also weighing in. SPVB National Junior Classic 2018 Number of Team 268 total teams 2019 Number of Teams *42 * Numbers as of May 5, 2019
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Post by Deleted on May 6, 2019 15:39:21 GMT -5
90+% of volleyball community is speaking and saying, "no thanks. we can don't have to play at your events/leagues." Sad that a they still have a strong partnership with Benedictine University, who seem to be willing to continue to host their summer camps. Those enrollment figures will be interesting!
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Post by charger0304 on May 8, 2019 11:26:07 GMT -5
The public is also weighing in. SPVB National Junior Classic 2018 Number of Team 268 total teams 2019 Number of Teams *42 * Numbers as of May 5, 2019 I wonder how many of those 42 teams are SPRI teams? Just tried to check AES and see who's signed up and it looks like that list is not viewable...
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Post by azvb on May 8, 2019 11:51:47 GMT -5
I appreciate these updates. You know what I would REALLY appreciate? A summary, and/or significance of these motions being filed. In laymen’s language. Please, and thank you 😀.
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Post by moderndaycoach on May 8, 2019 12:16:27 GMT -5
I appreciate these updates. You know what I would REALLY appreciate? A summary, and/or significance of these motions being filed. In laymen’s language. Please, and thank you 😀. Agreed, a TLDR in laymen's terms would be great for those of us that want to stay informed but don't necessarily understand what we are reading.
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Post by why on May 8, 2019 14:18:18 GMT -5
The public is also weighing in. SPVB National Junior Classic 2018 Number of Team 268 total teams 2019 Number of Teams *42 * Numbers as of May 5, 2019 I wonder how many of those 42 teams are SPRI teams? Just tried to check AES and see who's signed up and it looks like that list is not viewable... 24 were SPRI Teams. They were on the AES website on Sunday and someone made them hidden since then.
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Post by charger0304 on May 9, 2019 8:45:28 GMT -5
I wonder how many of those 42 teams are SPRI teams? Just tried to check AES and see who's signed up and it looks like that list is not viewable... 24 were SPRI Teams. They were on the AES website on Sunday and someone made them hidden since then. Maybe because of your post.
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Post by azvb on May 9, 2019 12:33:09 GMT -5
90+% of volleyball community is speaking and saying, "no thanks. we can don't have to play at your events/leagues." Sad that a they still have a strong partnership with Benedictine University, who seem to be willing to continue to host their summer camps. Those enrollment figures will be interesting! Looked at Benedictine Mesa website and didn’t see anything about a camp. If anyone knows differently, let me know and I will make some phone calls!!!
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Post by ineedajob on May 9, 2019 12:37:47 GMT -5
90+% of volleyball community is speaking and saying, "no thanks. we can don't have to play at your events/leagues." Sad that a they still have a strong partnership with Benedictine University, who seem to be willing to continue to host their summer camps. Those enrollment figures will be interesting! Looked at Benedictine Mesa website and didn’t see anything about a camp. If anyone knows differently, let me know and I will make some phone calls!!! They are referring to Benedictine University in Lisle, IL.
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Post by rogero1 on May 9, 2019 12:58:40 GMT -5
90+% of volleyball community is speaking and saying, "no thanks. we can don't have to play at your events/leagues." Sad that a they still have a strong partnership with Benedictine University, who seem to be willing to continue to host their summer camps. Those enrollment figures will be interesting! Looked at Benedictine Mesa website and didn’t see anything about a camp. If anyone knows differently, let me know and I will make some
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Post by Deleted on May 13, 2019 8:57:58 GMT -5
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION LAURA MULLEN, individually and on behalf of all others similarly situated, Plaintiff, v. GLV, INC., d/b/a SPORTS PERFORMANCE VOLLEYBALL CLUB and GREAT LAKES CENTER, an Illinois corporation, RICKY BUTLER, an individual, and CHERYL BUTLER, an individual, Defendants. Case No. 1:18-cv-1465 Honorable Matthew F. Kennelly PLA I N TI FF’S STATUS REPORT REGARDING CLASS NOTICE Plaintiff Laura Mullen provides the Court with the following Status Report regarding Class Notice in advance of the Parties’ May 8, 2019 status hearing: 1. Defendants’ Supplemental Responses to Plaintiff’s Third Set of Requests to Produce (“Supplemental Responses”) include several previously unproduced documents and make clear that Defendants and their counsel have known about—and in many instances initiated—a substantial number of communications with class members with the goal of increasing requests for exclusion. These communications occurred primarily in three ways: (1) Defendants’ communicating directly with class members regarding the class notice process; (2) the Facebook Page; and (3) encouraging others to engage in email campaigns to class members. Direct Communications with Class Members 2. On March 19, 2019, the same day the Notice Administrator published the class- dedicated website and sent class notice via e-mail, Defendants triggered a series of events that Case: 1:18-cv-01465 Document #: 139 Filed: 05/07/19 Page 2 of 9 PageID #:3493 resulted in interference with the class notice process. Many of these actions were taken with defense counsel’s knowledge and, in some cases, participation. 3. On March 19, 2019 at 12:40 p.m., Cheryl Butler e-mailed Defendants’ staff: “[t]he class action information has been emailed out and they will also receive a letter in the mail. I wanted you to be aware of what it looks like as we are starting to get phone calls about it and I am sure others will be asking as they receive it. Opt out is crucial!” (See Group Exhibit 1 at DefProd00029 (emphasis added).) 4. Cheryl’s e-mail was sent after class member Michael Canulli forwarded the Class Administrator’s e-mail notice. Class member Canulli received his e-mailed notice at 12:02 p.m., and forwarded it to Rick Butler with comments about his intention to opt-out at 12:18 p.m. (Grp. Ex. 1 at DefProd00029.) Four minutes later, Rick forwarded the e-mail to Cheryl and Ms. D’Ambrose, defense counsel. (Id.) 5. After receiving Cheryl’s March 19th e-mail, Troy Gilb—Defendants’ Boys’ Director and Vice-President of Operations—began initiating and engaging in a number of improper communications with class members encouraging his players to opt-out: a. On March 19, 2019, Troy responded to a class member’s e-mail asking about the lawsuit: “If there is a groundswell of parents that opt out of the lawsuit, which I think will happen, then it most likely will get dismissed. If you have any questions please let me know.” (See Grp. Ex. 1 at DefProd00224.) b. Consistent with Cheryl’s instruction, on March 20, 2019 at 5:08 p.m., Troy sent an e-mail to over 300 addresses (id. at DefProd00287)2 regarding the class notice procedures and with an emphasis on opting out, which Defendants have acknowledged “was improper and should not have been sent.” (Dkt. 130 at ¶ 7.) 2 A redacted copy of the e-mail addresses contained on this document will be filed with this Status Report. An un-redacted copy will be provided to the Court if requested. Case: 1:18-cv-01465 Document #: 139 Filed: 05/07/19 Page 3 of 9 PageID #:3494 i. On April 11, 2019 at 1:54 p.m., Troy forwarded his mass e-mail to Ms. D’Ambrose’s personal email address. (Grp. Ex. 1 at DefProd00308.) c. On March 21, 2019 at 1:19 p.m., Troy responded to a class member’s e- mail criticizing the lawsuit and advising of his intention to opt out: “Thank you very much for the show of support!! We all know what is going on with the lawsuit and I hope that with enough voices of support that this whole thing will be thrown out! We are doing all we can to fight this and we have great defense council on our side! Thanks again.” (Grp. Ex. 1 at DefProd00249.) i. Ms. D’Ambrose was forwarded this e-mail on her personal email address between Troy and a class member. (Id.) At 1:33 p.m., defense counsel responded to Troy—only, and from her personal email address—that she “emailed the class administrator to let them know to send a notice to the new address.” (Grp. Ex. 1 at DefProd00247.) d. On March 21, 2019 at 4:44 p.m., Troy responded to a class member’s e- mail inquiry about notice wherein he copied and pasted the Class Administrator’s e-mail notice and advised the class member: “ f you have any questions, please let me know.” (Grp. Ex. 1 at DefProd00230.)
i. On March 23, 2019 at 12:10 p.m., Troy sent the same e-mail to another class member. (Grp. Ex. 1 at DefProd00324.)
e. On March 26, 2019, Troy responded to a class member’s e-mail advising they received class notice in the mail: “[e]veryone knows what this lawsuit is about and I know there are a lot of parents opting out. I hope that with [sic] all the opt outs will have a positive impact on the judge.” (Grp. Ex. 1 at DefProd00235.)
6. In a separate exchange between Cheryl and class member Joe Schuch on April 15, 2019, Cheryl expresses her preference for opting out and encourages the class member to speak with defense counsel: “f you opt out then you would not be suing Rick, myself and Sports Performance. I have copied our attorney on this so if you need any further information she can assist you.” (Grp. Ex. 1 at DefProd00054 (copying Ms. D’Ambrose on her personal email address.) Case: 1:18-cv-01465 Document #: 139 Filed: 05/07/19 Page 4 of 9 PageID #:3495
7. After the class member advises of his intention to opt out, Cheryl says “Thank you.” (Id.) 8. Additionally, on April 11, 2019 at 12:33 p.m., GLV employee Claudine Dale— Defendants’ Office Administrator—sent an e-mail to two (2) class members regarding opt-out procedures: “[y]ou may opt out by sending a letter to include the following information. Please make sure to say on the letter that you are ‘Opting Out of the Class’ and “that you want to be excluded from the lawsuit.” (Grp. Ex. 1 at DefSuppResp 53 (emphasis in original).) 9. And in a team group message between a GLV coach (“Coach Jen”) and (ostensibly) the class member parents of her team, Coach Jen lets the members of the group chat know what parents need to do in order to opt out. (Grp. Ex. 1 at DefSuppResp 41.) 10. In addition to being aware of several of Defendants’ improper communications with Class Members, defense counsel also directly e-mailed a class member during the notice period who had information about class member families who objected to receiving emails from other parents encouraging them to opt out. 11. For example, on March 26, 2019 at 8:16 p.m., class member Bahar Azari emailed Rick, Cheryl, and other of Defendants’ volleyball coaches alerting them to the fact that certain class member parents were complaining about receiving unsolicited emails encouraging opt outs saying: “Wanted to share this in case you’d like to send to your attorneys.” (Grp. Ex. 1 at DefProd00070.) 12. On April 11, 2019 at 12:01 p.m., Ms. D’Ambrose e-mailed the class member Azari directly, subject line “Butler Class Action Follow-Up,” asking the class member to forward the e-mails from other class members who did not want to receive the unsolicited e-mail. (Id.) Case: 1:18-cv-01465 Document #: 139 Filed: 05/07/19 Page 5 of 9 PageID #:3496
The Facebook Page
13. Facebook responded to Plaintiff’s subpoena and agreed to provide basic subscriber information concerning the Facebook Page’s creation and administration. The Facebook Page was created on March 19, 2019 at 5:02 p.m. by class member Marianne Sedacki Drenthe. (See Exhibit 2 (Facebook subpoena response).) 14. The Supplemental Responses show interaction between Ms. Drenthe and Cheryl Butler shortly before the Facebook Page was created. 15. On March 19, 2019 at 4:11 p.m., class member Drenthe e-mailed Rick and Cheryl advising that she will be opting out of the class “s soon as I get home from work”. (Grp. Ex. 1 at DefSuppResp 20.) 16. Five minutes later, Cheryl responded to Ms. Drenthe: “Thank you so MUCH!!!!!!!! Sorry I can’t say more we just can’t at this time legally. Once this is over we will have a lot to say but for no[w] THANK YOU!!!” (Id.) 17. At 4:16 p.m. later that day, Cheryl forwarded Ms. Drenthe’s e-mail to Ms. D’Ambrose’s personal email address. (Grp. Ex. 1 at DefProd00089.) 18. Within an hour of Cheryl’s e-mail exchange with Ms. Drenthe, the Facebook Page was created. 19. At 9:50 p.m. that same day, Rick received a forwarded e-mail from class member Jerry Haggerty discussing the Facebook Page, as well as additional communications that parents were having with other class members. (Grp. Ex. 1 at DefProd00044.) On March 20, 2019 at 7:37 a.m., Rick responded to the class member Haggerty and copied Cheryl: “t’ll be interesting to see how many likes this gets.” (Id.) Case: 1:18-cv-01465 Document #: 139 Filed: 05/07/19 Page 6 of 9 PageID #:3497
20. Separately, and as noted in prior Status Reports, Defendants’ coaches have liked the Facebook Page suggesting Defendants endorse it. (See dkt. 123 at 3-4.) At least seven GLV coaches and employees continue to “like” posts made on the Facebook Page. Email Campaign to Class Members
21. As noted above, several parents and alumni of Defendants’ volleyball program e- mailed a number of class members encouraging them to opt out. Class Counsel is aware of four (4) sets of e-mails sent by parents or alumni to class members attempting to encourage opt outs.
22. On March 19, 2019 5:23 p.m., Jill Clark—a class member—sent an e-mail addressed to “Volleyball Mom and Dad,” which advised recipients to check their e-mail for class notice and offered information about how to opt out of the lawsuit. (Grp. Ex. 1 at DefSuppResp 3-4.) 23. Rick and Cheryl were advised of Ms. Clark’s efforts and Rick responded encouraging the class member to opt out: “She’s a great friend! I cannot comment other than say if you opt out you are not involved in the suit and if you stay in you become a member of the class.” (Id.) 24. A subsequent exchange on March 19th between Ms. Clark and another class member makes clear that the other parents had communicated with class members about opt out procedures: “I sent out all my emails. Laura Davis sent hers.” (Grp. Ex. 1 at DefSuppResp 1-2.)3 25. Also on March 19, 2019 at 7:00 p.m., Jerry Smith sent an e-mail to ten (10) addresses attempting to provide information regarding the class notice procedure, with an emphasis on opting out. (Grp. Ex. 1 at DefSuppResp 15.)
3 Rick and Cheryl were aware of this exchange, which caused Rick to respond to the class member: t’ll be interesting to see how many likes this gets.” (Id.) Case: 1:18-cv-01465 Document #: 139 Filed: 05/07/19 Page 7 of 9 PageID #:3498
26. On March 26, 2019 at 7:39 p.m., Tom and Carolyn McLaughlin e-mailed a number of class members emphasizing opting out: “If you would like to be part of this class action suit, you don’t have to do anything. You are automatically included. If you choose not to be in the lawsuit, you must respond by letter only. An e-mail will not be accepted.” (Grp. Ex. 1 at
DefSuppResp 13-14 (emphasis in original).)
27. Rick and Cheryl were, at a minimum, aware of the efforts to encourage opt outs:
a. On March 20, 2019 at 2:59 p.m., Cheryl responded to a class member asking about Jerry Smith’s email: “I can’t really respond to this but I do know that several alumni and current parents are trying to help us in anyway [sic] possible in regards to this.” (Grp. Ex. 1 at DefProd00051.)
b. On March 20, 2019 at 3:08 p.m., Cheryl responded to a class member informing her that the class notice was in the junk folder: “Many parents have contacted us about finding it in their spam folder…Our attorney attempted to file a motion in court about it being 2019 and who owns an envelope and stamps [emojis] and why can’t it just be an email response to OPT out but the judge denied our request!” (Grp. Ex. 1 at DefProd00038.)
28. Similarly, on March 27, 2019 at 2:05 p.m., Troy Gilb received an e-mail from a class member who was upset that her e-mail address was given without her permission: “Our emails were personally given only to SVP [sic] and parents we knew so I’m not sure how he got a hold of our information. Either way this is not his place to send an email like the one he sent. There are other parents who have responded to him and are upset with him as well.” (Grp. Ex. 1 at DefProd00210.) 29. The result of these efforts are that there are currently 418 timely opt-outs submitted to the Class Administrator (and 13 late opt outs).5
5 Several of the 418 opt-outs were submitted by both parents of Defendants’ players and separately for each child in a Sports Performance Program. The Notice Administrator is in the process of identifying how many opt-outs are unique to each family. Case: 1:18-cv-01465 Document #: 139 Filed: 05/07/19 Page 8 of 9 PageID #:3499
30. Class Counsel intends on moving the Court for sanctions.
Respectfully submitted,
LAURA MULLEN, individually and on behalf of a class of similarly situated individuals,
Dated: May 7, 2019 By: /s/ Alfred K. Murray II One of Plaintiff’s Attorneys
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Deleted
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Post by Deleted on May 13, 2019 9:57:36 GMT -5
I mean, at what point do you just take your fingers off the keyboards if you are Butler?? Certainly when in the middle of a gigantic lawsuit? Guess not. Didn't realize how deep the stupid runs with this one.
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