Minor et al v. FedEx Office & Print Services, Inc. et al

Filing 123

ORDER re supplemental briefing. Signed by Judge Thelton E. Henderson on 06/19/2013. (tehlc2, COURT STAFF) (Filed on 6/19/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GARY MINOR, et al.,

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Plaintiffs,

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NO. C09-1375 TEH

v.

ORDER RE SUPPLEMENTAL
BRIEFING

FEDEX OFFICE AND PRINT
SERVICES, INC., et al.,

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Defendants.
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For the Northern District of California

United States District Court

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In Radcliffe v. Experian Information Solutions, Inc., No. 11-56376, 2013 WL 1831760

13 (9th Cir. May 2, 2013), the Ninth Circuit held that the district court abused its discretion by
14 approving a settlement that “explicitly conditions the incentive awards on the class
15 representatives’ support for the settlement.” Id. at *5. The court reasoned that such a term,
16 particularly when coupled with a “significant disparity between the incentive awards and the
17 payments to the rest of the class members,” created an impermissible conflict of interest
18 between the class representatives and their counsel and the absent class members. Id. at *519 *6.
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IT IS HEREBY ORDERED THAT on or before June 24, 2013, class counsel shall

21 submit a supplemental brief of no more than five pages, accompanied by affidavits or other
22 supporting documentation, addressing Radcliffe’s implications for the Court’s consideration
23 of the fairness, reasonableness, and adequacy of the settlement in this case.
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25 IT IS SO ORDERED.
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27 Dated: 6/19/2013
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT