Haug v. Petsmart, Inc.

Filing 34

ORDER signed by Judge Morrison C. England, Jr. on 5/3/2011 preliminarily approving the class action settlement; certifying a class; directing the issuance of notice to the class; scheduling a fairness hearing for 10/6/2011 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LINDSAY LAW CORPORATION
21 Natoma Street, Suite 160
Folsom, California 95630

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PAULA HAUG, on behalf of herself and all
others similarly situated,

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Plaintiffs,
vs.

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PETSMART, INC., a Delaware corporation;
and DOES 1 through 50, inclusive,

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Defendants.
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NO.: 2:10-cv-00990-MCE
ORDER: PRELIMINARILY
APPROVING THE CLASS ACTION
SETTLEMENT; CERTIFYING A
CLASS; DIRECTING THE ISSUANCE
OF NOTICE TO THE CLASS; AND
SCHEDULING A FAIRNESS HEARING
Date:
Time:
Place:
Judge:

May 5, 2011
2:00 p.m.
Courtroom 7, 14th Floor
Honorable Morrison C. England, Jr.

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The Application of Plaintiff Paula Haug (herein referred to as “Plaintiff”), for an Order

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preliminarily approving a proposed Settlement of the above-entitled putative Class Action came

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on for hearing on May 5, 2011. In response to Plaintiff’s Application, Defendant Petsmart, Inc.

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filed a Statement of Non-Opposition in support of said approval. Having reviewed the

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Settlement Agreement, the papers filed in connection with the application and the argument of

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counsel, and good cause appearing therefor subject to the entry by the Court of a Final Order,

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IT IS HEREBY ORDERED THAT:

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1.

Plaintiff’s Motion for Preliminary Approval of Class Action Settlement,

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Certification of a Settlement Class, and Approval of Class Notice is granted pursuant to FRCP,

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Rule 23.

-1[PROPOSED] ORDER PRELIMINARILY APPROVING THE CLASS ACTION SETTLEMENT

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adequate.

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3.

The Settlement Agreement is preliminarily approved as fair, reasonable and

The Court hereby certifies, for settlement purposes, a Class of any and all persons

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who engaged in a credit card transaction in a California PetSmart store during the period of

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March 15, 2009 through the present and from whom PetSmart requested and recorded personal

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identification information at the point of sale in a format other than on a PetPerks enrollment

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form or application.

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LINDSAY LAW CORPORATION
21 Natoma Street, Suite 160
Folsom, California 95630

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4.

The Class is so numerous that joinder of all Class Members is impracticable; there

are questions of law or fact common to the Class; and the claims advanced by the Plaintiff are
typical of the claims of the Class.
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The questions of law or fact common to the Class predominate over the questions

affecting only individual Class Members.
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Certification of the Class by the Court is superior to other available methods for

the fair and efficient adjudication of the controversy.
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Plaintiff will fairly and adequately protect the interests of the Class and is

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conditionally certified as the representative of the Class for the purpose of implementing the

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Parties’ settlement in accordance with the Settlement Agreement.

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8.

Lindsay Law Corporation is appointed as counsel for the Class.

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9.

The Court finds that the manner and content of the Class Notice specified in

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Sections 3.2(a), 3.2(b) and 3.2(c) of the Settlement Agreement will provide the best practicable

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notice to the Class Members. Said Class Notice shall be provided within thirty (30) calendar

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days of entry of this Order.

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10.

Defendant shall pay all costs associated with distributing the Class Notice and

administrating the settlement as provided in the Settlement Agreement.
11.

A Fairness Hearing shall be held by this Court on October 6, 2011 at2:00 p.m. in

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Courtroom 7 to consider fully and finally determine whether the Settlement Agreement should

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be approved as fair, reasonable and adequate. The Fairness Hearing may be postponed,

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adjourned or continued by order of the Court without further notice to the Class.

-2[PROPOSED] ORDER PRELIMINARILY APPROVING THE CLASS ACTION SETTLEMENT

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12.

Any papers in support of the Settlement Agreement may be filed with the Court

seven (7) calendar days prior to the Fairness Hearing.
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Any Class Member who wishes to object to the Settlement must file a written

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objection with the Court, and serve copies on Class Counsel and Defendant’s counsel, no later

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than thirty (30) calendar days prior to the Fairness Hearing. The objection must set forth, in clear

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and concise terms, the legal and factual arguments supporting the objection. Any Class Member

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who fails to make his or her objection in the manner provided for in this Order shall be deemed

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to have waived such objection and shall forever be foreclosed from making any objection to or

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appeal of the fairness, reasonableness, or adequacy of the Settlement.

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14.

Any Class Member who desires exclusion from the Class must mail a request for

LINDSAY LAW CORPORATION
21 Natoma Street, Suite 160
Folsom, California 95630

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exclusion to the Claims Administrator no later than thirty (30) calendar days prior to the Fairness

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Hearing. All persons who properly mail a request for exclusion shall not be bound by the

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Settlement and shall have no right with respect to the Settlement.

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15.

If the Settlement Agreement is approved at the Fairness Hearing, the Court shall

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enter a Final Order Approving the Settlement Agreement and Judgment. The Final Order shall

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be fully binding with respect to all Class Members who did not request exclusion in accordance

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with the terms of the Settlement Agreement.

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16.

In sum, the dates for performance are as follows:
(a)

Notice must be provided as soon as practicable upon Preliminary

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Approval of the settlement, but no later than thirty (30) calendar days after entry of this

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Preliminary Approval Order.

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(b)

Any and all claims by Class Members must be received or postmarked no

later than sixty (60) calendar days after the last published notice.

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(c)

Objections to the settlement must be made no later than thirty (30) calendar

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days prior to the Fairness Hearing.

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(d)

All Class Members who are eligible to request exclusion and desire to be

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excluded must contact the Claims Administrator in writing no later than thirty (30) calendar days

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prior to the Fairness Hearing.

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(e)

must be filed with the Court at least seven (7) calendar days prior to the Final Fairness Hearing.

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Any papers in support of Final Approval of the Settlement Agreement

(f)

The Final Fairness Hearing is to be held in Department 7 of this Court on

October 6, 2011 at2:00 p.m.

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17.

In the event that the Final Order is not entered for any reason, then the Settlement

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Agreement, as well as the findings contained herein, shall be deemed null and void ab initio.

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DATED: May 3, 2011

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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LINDSAY LAW CORPORATION
21 Natoma Street, Suite 160
Folsom, California 95630

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DEAC_Signature-END:

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-4[PROPOSED] ORDER PRELIMINARILY APPROVING THE CLASS ACTION SETTLEMENT