Payam Ahdoot v. Babolat VS North America Inc et al

Filing 57

Amended AMENDED MINUTES re: Order re: Modifying Preliminary Settlement Approval. Correct Final Approval Hearing date is April 6, 2015 not April 6, 2014. (smo)

LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Amended – CIVIL MINUTES - GENERAL
Case No.

CV 13-02823 GAF (VBKx)

Title

Payam Ahdoot v. Babolat VS North America

Present: The Honorable

Date

October 8, 2014

GARY ALLEN FEESS

Stephen Montes Kerr
Deputy Clerk

None
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

None

None

Proceedings:

(In Chambers)

ORDER RE: MODIFYING PRELIMINARY SETTLEMENT APPROVAL
Plaintiffs who brought this suit on behalf of class members (“Settlement Class Members”)
and Defendant Babolat (“Babolat”), (collectively “Parties”) reached settlement in this suit. (See
Docket No. 43-2 [Declaration of Christopher J. Hamner (“Hamner Decl.”)] at Exhibit 1
[Stipulation and Agreement of Settlement (“Settlement Agreement”)].) The Court asked for and
the Parties provided further briefing regarding the issues of attorneys’ fees and details regarding
Rust Consulting, Inc., the proposed Settlement Administrator. (Docket No. 52 [Supplemental
Briefing (“Supplemental Briefing”)] at 13.)
On October 7, 2014, this Court entered an Order preliminarily approving the settlement
approval between the Parties based on the Settlement Agreement and the Supplemental Briefing.
(Docket No. 54 [10/7/14 Order].) The 10/7/14 Order contained the following inadvertent errors:
(1) inadvertently omitting an order enjoining Settlement Class Members from commencing or
continuing any action asserting any claims encompassed by the Settlement Agreement unless the
Class Member submits a valid Request for Exclusions, with the exception of Plaintiffs’ filing the
Second Amended Complaint, proceedings related to final approval of the Settlement and
consideration of Class Counsel’s Fee and Cost Application; (2) inadvertently omitting an order
issuing an immediate stay of the Action, with the exception of proceedings relating to the
Settlement Agreement; (3) incorrectly directing Rust Consulting, Inc. to mail the Notice of
Settlement and Share Forms by first class mail to members of the Settlement Class instead of
directing it to comply with its duties as set out in the Settlement Agreement and Supplemental
Briefing; (4) incorrectly setting the Final Approval Hearing for Monday, November 10, 2014, at
9:30 a.m.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Amended – CIVIL MINUTES - GENERAL
Case No.

CV 13-02823 GAF (VBKx)

Title

Date

October 8, 2014

Payam Ahdoot v. Babolat VS North America

Accordingly, the 10/7/14 Order is MODIFIED as follows:
(1) The Settlement Class Members are ENJOINED from commencing or
continuing any action asserting any claims encompassed by the Settlement
Agreement unless the Class Member submits a valid Request for Exclusions, with
the exception of Plaintiffs’ filing the Second Amended Complaint, proceedings
related to final approval of the Settlement and consideration of Class Counsel’s
Fee and Cost Application;
(2) An immediate stay of the Action, with the exception of proceedings relating to
the Settlement Agreement is ISSUED;
(3) Rust Consulting, Inc.’s duties as Settlement Administrator are VACATED as
described in the section (8) of the Conclusion of the 10/7/14 Order;
(4) Rust Consulting, Inc. is ORDERED to conduct its Settlement Administrator
duties in accordance with the Settlement Agreement, the Notice of Settlement and
all portions of the 10/7/14 Order, except section (8) of the Conclusion; and
(5) The Final Approval Hearing date originally set for November 10, 2014 is
CONTINUED to Monday, April 6, 2015 at 9:30 a.m.
IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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