Creighton et al v. Unisource Worldwide, Inc.

Filing 46

STIPULATION AND ORDER GRANTING preliminary approval of settlement. Signed by Judge Thelton E. Henderson on 02/07/08. (rbe, COURT STAFF) (Filed on 2/8/2008) Modified on 2/8/2008 (rbe, COURT STAFF).

Creighton et al v. Unisource Worldwide, Inc.

Doc. 46

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NED A. FINE (SBN 47786) JOHN P. BOGGS (SBN 172578) FINE, BOGGS & PERKINS LLP 2450 S. Cabrillo Hwy., Ste. 100 Half Moon Bay, CA 94019 Tel.: [phone]; Fax: [phone] [e-mail]; [e-mail] Attorneys for Plaintiffs and proposed Settlement Class MARK H. EPSTEIN (State Bar No. 121436) MALCOLM A. HEINICKE (State Bar No. 194174) REBECCA GOSE LYNCH (State Bar No. 230078) MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor San Francisco, CA 94105-2907 Tel.: [phone]; Fax: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendant Unisource Worldwide, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO/OAKLAND DIVISION) JOHN CREIGHTON, JAMES FITZPATRICK AND WILLIAM GALVIN, on behalf of themselves and others similarly situated, Plaintiffs, vs. UNISOURCE WORLDWIDE, INC., and DOES 1 through 50, inclusive, Defendants. Honorable Thelton E. Henderson CASE NO. CV 06-03860 TEH STIPULATED AND [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT AND SETTING SETTLEMENT HEARING

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL (CASE NO: CV 06-03860 TEH)
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The joint motion of the Settling Parties for an order preliminarily approving a class action settlement and setting a settlement hearing has been submitted and considered. The Court has considered the Stipulation Re: Settlement of Class Action (and its exhibits), the submissions of counsel, and all other papers filed in this action. The matter having been submitted and good cause appearing therefor: The Court finds as follows: 1. All defined terms contained herein shall have the same meanings as set

forth in the Stipulation Re: Settlement of Class Action executed by the Settling Parties and filed with this Court (the "Stipulation"); 2. The Class Representatives and Unisource, through their counsel of record

in the Litigation, have reached an agreement to settle all Released Claims and resolve the Litigation; 3. The Court conditionally finds that, for the purposes of approving this

settlement only and for no other purpose and with no other effect on the Litigation, including no effect on the Litigation should the Stipulation not ultimately be approved or should the Effective Date not occur, the proposed Class meets the requirements for certification under Rule 23 of the Federal Rules of Civil Procedure: (a) the proposed Class is ascertainable and so numerous that joinder of all members of the class is impracticable; (b) there are questions of law or fact common to the proposed Class, and there is a well-defined community of interest among members of the proposed Class with respect to the subject matter of the Litigation; (c) the claims of Class Representatives John Creighton, William Galvin and James Fitzpatrick are typical of the claims of the members of the proposed Class; (d) Class Representatives John Creighton, William Galvin and James Fitzpatrick will fairly and adequately protect the interests of the Members of the Class; (e) a class action is superior to other available methods for an efficient adjudication of this controversy; and (f) the counsel of record for the Class Representatives, i.e., Class Counsel, are qualified to serve as counsel for the Class Representatives in their own capacities as well as their representative capacities and for the Class;

[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL (CASE NO: CV 06-03860 TEH)

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4.

The moving parties also have presented to the Court for review a

Stipulation Re: Settlement of Class Action. The Stipulation is within the range of reasonableness and meets the requirements for preliminary approval; and 5. The moving parties have also presented to the Court for review a plan to

provide notice to the proposed Class of the terms of the settlement and the options facing the Class including, inter alia: to opt out of the class action, to remain in the Settlement Class, to object to the terms of the settlement, with counsel if desired, and/or to be a Participating Claimant. The notice will be mailed to all Class Members at their Last Known Addresses. The notice plan proposed by the Settling Parties is the best practical under the circumstances. Good cause appearing therefor, IT IS HEREBY ORDERED that: 1. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Stipulation

of Settlement is preliminarily approved and the Class is provisionally certified; 2. Notice of the proposed settlement, and the rights of Class Members to opt

out of the settlement or become a Participating Claimant, shall be given by mailing of the Notice to Class Members Re: Pendency of a Class Action by first class, postage prepaid, to all Class Members pursuant to the applicable provisions in the Stipulation. To be valid, all responses to the Class Notice must be postmarked to the Claims Administrator on or before the Notice Response Deadline. Unisource shall provide the Claims Administrator with the information necessary to conduct this mailing as set forth in the Stipulation; 3. Within twenty (20) days of this Order, the parties shall meet and confer and

submit to the Court a mutually agreeable date, consistent with the deadlines in the Stipulation, for a hearing to be held before this Court to consider whether the settlement should be given final approval by the Court: (a) Written objections by Class Members to the proposed settlement will be

considered if received, on or before the Notice Response Deadline; (b) At the Settlement Hearing, Class Members may be heard orally in support

of the settlement, or in opposition to the settlement, provided they submitted a timely written objection on or before the Notice Response Deadline;
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(c)

Class Counsel and counsel for Unisource should be prepared at the hearing

to respond to objections filed by Class Members, if any, and to provide other information as appropriate, bearing on whether or not the settlement should be approved; and 4. In the event that the Effective Date occurs, all Settlement Class Members

will be deemed to have forever released and discharged the Released Claims. In the event that the Effective Date does not occur for any reason whatsoever, the Stipulation shall be deemed null and void and shall have no effect whatsoever. 5. Prior to the Settlement Hearing, the parties shall file a joint motion for final

approval of the settlement. PURSUANT TO STIPULATION, IT IS SO ORDERED.

02/07/08 DATED: ______________________

UNIT ED

E TC ___________________________________ AT T The Honorable Thelton E. Henderson United States District Judge

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