Schaffer v. County of Alameda et al

Filing 110

ORDER RE: ROBERT ANDERSON'S LETTER FILED JANUARY 9, 2009. Class counsel is directed to file a response to Anderson's motion, and to serve a copy thereof on Anderson, no later than February 20, 2009. If Anderson wishes to file a reply to class counsel's response, any such reply shall be filed and served on class counsel no later than March 13, 2009. Signed by Judge Maxine M. Chesney on January 30, 2009. (mmclc1, COURT STAFF) (Filed on 1/30/2009)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court is in receipt of claimant Robert Anderson's ("Anderson") letter, dated January 7, 2009 and filed by the Clerk of the Court on January 9, 2009. In his letter, Anderson states his late-submitted claim for payment from the settlement fund was denied by the claims administrator on the ground Anderson's claim was untimely. Anderson argues he is "entitle[d] to some of the settlement." The Court construes Anderson's letter as a motion to approve a late claim. See, e.g., In re Gypsum Antitrust Cases, 565 F.2d 1123, 1127-28 (9th Cir. 1977) (noting "district court [has] discretion to grant late claims"). The Court hereby DIRECTS class counsel to file a response to the instant motion, and to serve a copy thereof on Anderson, no later than February 20, 2009. (See Order and Judgment of Dismissal, filed November 26, 2007, ¶ 12 (providing Court retains jurisdiction over parties to administer settlement).) If Anderson wishes to file a reply to v. COUNTY OF ALAMEDA, et al., Defendants / DANIEL SCHAFFER, Plaintiff No. 06-0310 MMC ORDER RE: ROBERT ANDERSON'S LETTER FILED JANUARY 9, 2009 United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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class counsel's response, any such reply shall be filed and served on class counsel no later than March 13, 2009. IT IS SO ORDERED.

Dated: January 30, 2009

MAXINE M. CHESNEY United States District Judge

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