Wilson v. Peter Kiewit Sons, Inc. et al

Filing 104

ORDER (SI, COURT STAFF) (Filed on 10/31/2011)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ASHLEY WILSON,

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No. C 09-03630 SI

Plaintiff,

ORDER

v.
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KIEWIT PACIFIC CO.,
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Defendant.
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United States District Court
For the Northern District of California

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Currently before the Court is the parties’ motion for preliminary approval of the parties’
settlement of this class action. That matter is set for hearing on November 18, 2011. The Court notes
that in the preliminary approval papers plaintiff discloses that, “Plaintiff has also settled her individual
claims under a separate Settlement Agreement, which does not impact the settlement of the class claim.”

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Motion for Preliminary Approval at 2, n.2. The parties assert that plaintiff Wilson has not yet received
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any payment on her individual settlement, and will not until the Class Settlement become final. Motion
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for Preliminary Approval at 20. However, no information is given regarding the negotiation and
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settlement of plaintiff’s individual claims which were asserted in the Amended Complaint, e.g., whether
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the settlement of plaintiff’s claims occurred before or after the class claims were settled.
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As the settlement of plaintiff’s claims may have influenced the terms of the settlement of the
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class claims, see Fed. Rule Civ. Proc. 23(e)(3) & Advisory Cttee. Notes, the Court ORDERS the parties
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to submit a copy of plaintiff’s individual settlement along with a declaration explaining how and when
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plaintiff’s individual claims were settled. The requested information shall be submitted on or before
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November 7, 2011. If necessary, the parties may seek to file a copy of plaintiff’s settlement agreement
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under seal pursuant to Civil Local Rule 79-5.
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IT IS SO ORDERED.
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Dated: October 31, 2011
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SUSAN ILLSTON
United States District Judge