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- cod;;1:17-cv-01579_de110 RegisterActionDate "2018-12-20" @default.
- cod;;1:17-cv-01579_de110 RegisterActionDescriptionText "ORDER: Before the Court is Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement ("Motion") 110 . The Court is generally inclined to grant the Motion, but notes four matters that require further attention, as follows: First, it is unclear what deadline the parties expected the Court to impose for mailing the Former Participant Claim Form ("Claim Form") [110-3] to the Settlement Administrator. This should be specified, at a minimum, in the Notice of Proposed Class Action Settlement and on the Claim Form itself. Second, to the extent the parties envisioned a requirement that former participants return the Claim Form sometime before the Final Approval Hearing, must an objector who is also a former participant submit his or her Claim Form along with the objection, to preserve his or her rights in the event the objection is overruled? Or will the objector whose objection is overruled have a second opportunity to submit the Claim Form? In either event, this should be specified, at a minimum, in the Notice of Proposed Class Action Settlement and on the Claim Form itself. Third, the Court is concerned that requiring former participants to return the Claim Form by mail, at the former participant's expense, may be a barrier to full participation in the settlement. Is it feasible to include, for example, a business reply mail envelope with the Claim Form? Or to provide a web form in lieu of mailing a paper form? Fourth, as a purely formal matter, the cross-references within the Settlement Agreement and Release [110-1] are highly confusing (e.g., art. I, § 1.36, contains a cross-reference to "Section 9.1," which is actually a reference to art. IX, § 1.3). These cross-references require correction. The parties are therefore DIRECTED to confer regarding these matters. Then, on or before January 11, 2019, Plaintiffs shall file a supplement to the Motion addressing the above-described matters and attaching a revised Settlement Agreement and Release, a revised Notice of Proposed Class Action Settlement, a revised Claim Form, and revised versions of any other document that the parties agree to change in light of this Order. That same day, Plaintiffs shall also e-mail editable versions of the revised Notice of Proposed Class Action Settlement and any revised proposed order to martinez_chambers@cod.uscourts.gov. SO ORDERED by Judge William J. Martinez on 12/20/2018. Text Only Entry (wjmlc1) (Entered: 12/20/2018)" @default.
- cod;;1:17-cv-01579_de110 AdministrativeID "111" @default.
- cod;;1:17-cv-01579_de110 OntologyLabel order @default.
- cod;;1:17-cv-01579_de110 hasReferenceToOtherEntry cod;;1:17-cv-01579_de109 @default.