Case 3:07-cv-00643-WHA Document 70 Filed 10/10/2007 Page 1 of 2

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6 IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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10 IN RE NETFLIX ANTITRUST LITIGATION No. C 07-00643 WHA
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United States District Court

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For the Northern District of California

12 ORDER RE NOTICE TO ABSENT

13 This Document Relates To: PUTATIVE CLASS MEMBERS

14 No. C 07-00643 WHA

No. C 07-01266 WHA
15 No. C 07-01978 WHA
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17 The Court has received plaintiffs’ and defendant’s responses to the Court’s order to

18 show cause why the above-captioned actions should not be dismissed, and addressing the

19 question of notice to absent putative class members.

20 Since no class has been certified, Rule 23(e) does not mandate notice to absent class

21 members. Here, since this action received some press, some absent class members may have

22 refrained from filing their own actions because they were depending on these actions to toll the

23 statute of limitations. Because of this, before judgment is entered in this action, plaintiffs are

24 required to give notice of the termination of these actions using the same channels that were

25 used to publicize these actions at their outset.

26 No later than OCTOBER 17, 2007, plaintiffs shall file with the Court a plan for giving

27 such notice to absent class members taking care to make sure that the end of these actions gets

28 as much attention as their start. After this plan is approved and implemented, these actions will
 Case 3:07-cv-00643-WHA Document 70 Filed 10/10/2007 Page 2 of 2

1 be dismissed. This order does not, however, affect the Vargas action, No. C 07-03802. The
2 case management conference in that action remains set for October 25, 2007, at 11:00 a.m.
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4 IT IS SO ORDERED.
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6 Dated: October 10, 2007.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
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United States District Court
For the Northern District of California

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