Ford v. Pilot Travel Centers LLC

Filing 35

ORDER re: final approval hearing. Signed by Judge Thelton E. Henderson on 09/10/08. (tehlc3, COURT STAFF) (Filed on 9/10/2008)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

CHERYL FORD, et al., Plaintiffs, NO. C07-2715 TEH ORDER RE: FINAL APPROVAL HEARING

PILOT TRAVEL CENTERS, LLC, et al., Defendants.

United States District Court

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For the Northern District of California

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The Court has reviewed Plaintiffs' unopposed motion for final approval of the class

13 action settlement in this case. While the Court finds the majority of the settlement to be fair 14 and adequate, it generally disfavors proposed class action settlements that permit the 15 defendant to retain unclaimed settlement funds. 16 Consequently, at the September 22, 2008 final approval hearing, counsel shall be

17 prepared to discuss the propriety of reversion of unclaimed funds to Defendant Pilot Travel 18 Centers under the facts of this case, as opposed to other options such as a cy pres award. 19 Counsel shall also be prepared to inform the Court of the amount of unclaimed funds that, if 20 the settlement is approved, will revert back to Defendant. No written response is necessary; 21 however, if the parties wish to file a written response prior to the hearing, they must do so on 22 or before September 17, 2008, at 12:00 noon. 23 24 IT IS SO ORDERED. 25 26 Dated: 09/10/08 27 28 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT