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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ERIC ROSS, et al, No. C 09-00670 JSW Plaintiffs, 11 For the Northern District of California United States District Court 10 ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT v. 12 TREX COMPANY, INC., 13 Defendant. (Docket No. 258) / 14 15 Now before the Court is the motion for preliminary approval of class action settlement. 16 The Court has considered the parties papers, including the supplemental briefs ordered by the 17 Court, Dr. Borger’s supplemental opposition, and the parties’ supplemental responses to Dr. 18 Borger’s opposition. The Court finds the motion suitable for disposition without oral argument, 19 and it VACATES the hearing scheduled for August 23, 2013. 20 At this stage of the proceedings, the parties’ revisions to the settlement and the revisions 21 to the proposed notice program satisfy the concerns raised in the Court’s Order requiring 22 supplemental briefing. Accordingly, the will grant the motion for preliminary approval. The 23 parties shall e-file a revised proposed Order granting the motion and which sets forth the 24 requisite deadlines for distributing notice and filing exclusions and objections, and a final 25 fairness hearing by August 26, 2013. 26 // 27 // 28 // 1 2 3 4 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 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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