Fulford v. Logitech, Inc.

Filing 118

ORDER (1) GRANTING PRELIMINARY APPROVAL TO THE REVISED PROPOSED SETTLEMENT; (2) PROVISIONALLY CERTIFYING THE PROPOSED SETTLEMENT CLASS; (3) APPROVING THE PROPOSED NOTICE PLAN AND REVISED FORM OF NOTICE; AND (4) SCHEDULING THE FINAL FAIRNESS HEARING. The deadline to postmark a claim form, opt out, or object to the settlement is January 28, 2010. The deadline to file Plaintiff's Motion for Final Approval and Award of Attorneys' Fees is February 19, 2010. The fairness hearing will be conducted on March 5, 2010. Signed by Judge Maxine M. Chesney on October 15, 2009. (mmclc1, COURT STAFF) (Filed on 10/15/2009)

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Jonathan D. Selbin (State Bar No. 170222) [e-mail] Kristen E. Law (State Bar No. 222249) [e-mail] LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Embarcadero Center West 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone] David P. Meyer (Ohio Bar #0065205) (pro hac vice) [e-mail] Matthew R. Wilson (Ohio Bar #0072925) (pro hac vice) [e-mail] DAVID P. MEYER & ASSOCIATES, CO., LPA 1320 Dublin Road, Suite 100 Columbus, OH 43215 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and the Proposed Class

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties have submitted for this Court's review a Revised Class Action Settlement Agreement resolving all claims in this action against Defendant Logitech Inc. ("Logitech"). Having reviewed the Revised Settlement Agreement, Plaintiff's uncontested Motion for an Order Granting Preliminary Approval to the Proposed Class Action Settlement, and
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL CASE NO. CV-07-6452 WHA

ARTHUR FULFORD, on behalf of himself and all others similarly situated, Plaintiff, v. LOGITECH, INC., a California corporation, and DOES 1-100, inclusive, Defendants.

Case No. 08-cv-02041 MMC (JCS) CLASS ACTION [REVISED PROPOSED] ORDER (1) GRANTING PRELIMINARY APPROVAL TO THE REVISED PROPOSED SETTLEMENT; (2) PROVISIONALLY CERTIFYING THE PROPOSED SETTLEMENT CLASS; (3) APPROVING THE PROPOSED NOTICE PLAN AND REVISED FORM OF NOTICE; AND (4) SCHEDULING THE FINAL FAIRNESS HEARING

843358.1

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the files and records of this case, the Court now FINDS, CONCLUDES, and ORDERS as follows:

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The proposed Revised Settlement is hereby PRELIMINARILY

APPROVED. Final approval is subject to the hearing of any objections of members of the Settlement Class. 2. The proposed Settlement Class is provisionally certified for the sole

purpose of effectuating the Revised Settlement. 3. 4. Arthur Fulford is appointed as the Class Representative. David P. Meyer & Associates, Co. , LPA and Lieff, Cabraser, Heimann, &

Bernstein, LLP are appointed as Class Counsel. 5. The Notice Plan is hereby APPROVED as follows: A. The Revised Notice attached as Ex. B to the Revised Settlement is

approved. The Parties are instructed to fill in the blanks in the Revised Notice with specific dates that comport with the schedule ordered herein prior to dissemination. Once the blanks have been filled in with the appropriate dates, the Revised Notice will be considered final. B. The Claim Form attached as Appendix A to the Revised Notice is

approved. The Parties are instructed to fill in the blanks in the Claim Form with specific dates that comport with the schedule ordered herein prior to dissemination. Once the blanks have been filled in with the appropriate dates, the Claim Form will be considered final. C. D. The proposed manner of distributing the Notice is approved. Within 14 days following the entry of this Order, Logitech shall

send the final Revised Notice and final Claim Form in the manner described in the Revised Settlement. 6. schedule: October 16, 2009 Preliminary Approval Granted Further proceedings in this matter shall proceed according to the following

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL CASE NO. CV-07-6452 WHA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED.

October 30, 2009

January 28, 2010: February 19, 2010:

Deadline for emailing the final Revised Notice to all Class Members for whom Logitech has an email address Last day to postmark a Claim Form, opt out, or object to the Settlement Deadline to file Plaintiffs' Motion for Final Approval and Award of Attorneys' Fees Deadline to file Response to Objections, if any Fairness Hearing

March 5, 2010:

Dated: _October 15, 2009 ___________________

_______________________________________ Hon. Maxine M. Chesney United States District Court Judge

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL CASE NO. CV-07-6452 WHA