Ross et al v. Trex Company, Inc.

Filing 292

ORDER by Judge Jeffrey S. White granting 258 Motion for Preliminary Approval of Settlement (jjoS, COURT STAFF) (Filed on 8/19/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ERIC ROSS, et al,
No. C 09-00670 JSW
Plaintiffs,

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For the Northern District of California

United States District Court

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ORDER GRANTING MOTION
FOR PRELIMINARY APPROVAL
OF CLASS ACTION
SETTLEMENT

v.

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TREX COMPANY, INC.,

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Defendant.

(Docket No. 258)
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Now before the Court is the motion for preliminary approval of class action settlement.

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The Court has considered the parties papers, including the supplemental briefs ordered by the

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Court, Dr. Borger’s supplemental opposition, and the parties’ supplemental responses to Dr.

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Borger’s opposition. The Court finds the motion suitable for disposition without oral argument,

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and it VACATES the hearing scheduled for August 23, 2013.

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At this stage of the proceedings, the parties’ revisions to the settlement and the revisions

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to the proposed notice program satisfy the concerns raised in the Court’s Order requiring

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supplemental briefing. Accordingly, the will grant the motion for preliminary approval. The

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parties shall e-file a revised proposed Order granting the motion and which sets forth the

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requisite deadlines for distributing notice and filing exclusions and objections, and a final

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fairness hearing by August 26, 2013.

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The Court notes that nothing in this Order should be construed to preclude Dr. Borger
from filing objections to a final approval of the settlement agreement.
IT IS SO ORDERED.
Dated: August 19, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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