Plaintiffs opposed sending the notice because an appeal challenging the class certification was still pending. Turner v. Murphy Oil USA, Inc., 2006 U.S. Dist. LEXIS 4472 (E.D. La. Feb. 6, 2006). Judge Eldon E. Fallon of the Eastern District of Louisiana acknowledged that a change to the class definition could require plaintiffs to send further notices in the future. He nonetheless required the sending of notice, observing that most class members who might opt-out at this early stage in the litigation might do so to join the defendant's settlement program; and therefore, they should know the consequences of this decision. - A.L.