Briggs v. United States of America et al

Filing 146

NOTICE RE MOTION FOR PRELIMINAY APPROVAL OF CLASS SETTLEMENT. Signed by Judge Alsup on January 26, 2010. (whalc2, COURT STAFF) (Filed on 1/26/2010)

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1 2 3 4 5 6 7 8 9 10 JULIUS BRIGGS, on behalf of himself and all others similarly situated, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California No. C 07-05760 WHA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE RE MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT At the hearing on January 28, 2009, on plaintiff's unopposed motion for preliminary approval of settlement, counsel should be prepared to address (1) whether the Court has authority to award attorney's fees from the class fund in addition to attorney's fees due pursuant to the Equal Access to Justice Act and (2) how the parties can agree to limit the amount of any EAJA award by way of settlement. Counsel should be prepared to discuss all relevant court opinions and statutory authority in support of their positions on these issues. Dated: January 26, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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