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Case 3:06-cv-01645-JP Document 305 Filed 02/02/11 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF PUERTO RICO

HERBERT W. BROWN III, et al.,

Plaintiffs

v.
CIVIL NO. 06-1645 (JP)
COLEGIO DE ABOGADOS DE PUERTO
RICO,

Defendant

ORDER

On January 31, 2011, Defendant Colegio de Abogados de Puerto

Rico (“Colegio”) filed a motion for a hearing (No. 297). The Court

granted the motion (No. 298) and scheduled a status conference for

February 1, 2011. In their motion, Colegio stated that it was

requesting the hearing as a result of the amount of calls received

by Colegio asking for information on the opt out procedures explained

in the Class Action Notice mailed on January 26, 2011. Colegio

states that part of the issue stems from the fact that there is no

opt out form included with the notice.

1. Colegio’s Request for an Opt Out Form

Colegio’s request for an opt out form is hereby DENIED for three

reasons. First, since the discussion about the opt out procedures

began in this case, no request has been made by Defendant for an opt

out form to be included in the mailing of the Notice of Class Action.

Defendant has had multiple opportunities to raise this issue and has
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CIVIL NO. 06-1645 (JP) -2-

failed to so. Put simply, requesting an opt out form at this point

is untimely and inappropriate.

Secondly, providing an opt out form at this stage in the

proceedings would create confusion. The Class Action Notice provides

clear instructions as to the procedures for opting out. No mention

is made of an opt out form. Providing an opt out form would create

confusion because class members would no longer be required to follow

the procedures set out in the Class Action Notice. Instead, they

would have to follow a new procedure of filling out an opt out form.

Also, class members who have already complied with the procedures set

out in the Notice of Class Action would now face uncertainty as to

whether they have properly opted out since they did not opt out

through the form.

Lastly, the Court determines that there is no need for an opt

out form because the Class Action Notice provides very clear and

simple instructions for opting out. See Section XII of Class Action

Notice. Class members wishing to opt out must take a piece of paper

and state “I do not want to be part of the Damages Class in Brown v.

Colegio de Abogados de Puerto Rico, CV 06-1645 (JP).” Class members

must also sign the request, and print their name, address and

telephone number below the signature. They must list the address to

which the notice was mailed so they can be properly identified.

Finally, class members must mail the opt out request to the address

listed in the Class Action Notice. Nothing more is necessary.


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

2. Calls from Attorneys to Colegio

Colegio states that it is facing a problem because it is being

flooded with calls from attorneys requesting information on the opt

out procedures. The calls from attorneys are problematic because of

the protective order entered by Judge Pieras (No. 202) precluding

Colegio from communicating with class members about this case until

the opt out procedures have concluded.

In order to avoid any potential conflicts with Judge Pieras’

Order and since the Class Action Notice provides all the necessary

information for class members to opt out, the Court determines that

any calls made to Colegio regarding the opt out procedures should be

dealt with in the following manner. Colegio shall inform class

members that it cannot communicate with them regarding the opt out

procedures. Then Colegio will refer the class members to the Class

Action Notice, and/or the informational website and the toll free

number listed in the Class Action Notice.

IT IS SO ORDERED.

In San Juan, Puerto Rico, this 1st day of February, 2011.

s/José Antonio Fusté


JOSÉ ANTONIO FUSTÉ
CHIEF U.S. DISTRICT JUDGE

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