Smith et al v. Leichtman et al
Filing
265
ORDER VACATING HEARING AND REQUIRING REVISED PROPOSED ORDER. Signed by Judge Jeffrey S. White on 5/3/12. (jjoS, COURT STAFF) (Filed on 5/3/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CHRISTINA SMITH, et al.,
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For the Northern District of California
United States District Court
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Plaintiffs,
No. C 10-00010 JSW
v.
LEVINE LEICHTMAN CAPITAL
PARTNERS, INC., et al.,
ORDER VACATING HEARING
AND REQUIRING REVISED
PROPOSED ORDER
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Defendants.
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/
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The motion for preliminary approval of class action settlement filed by Plaintiffs is
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currently set for hearing on Friday, May 4, 2012 at 9:00 a.m. This matter is now fully briefed
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and ripe for consideration. The Court finds that this matter is appropriate for disposition
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without oral argument and is deemed submitted. See Civ. L.R. 7-1(b). Accordingly, the
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hearing set for May 4, 2012 is HEREBY VACATED.
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The Court FURTHER ORDERS that by no later than May 10, 2012, Plaintiffs shall
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submit a revised proposed order granting the motion for preliminary approval with the
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following modifications:
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(1)
Plaintiffs shall insert the date they filed their motion;
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(2)
Plaintiffs shall insert the date the Settlement Agreement is dated;
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(3)
Plaintiffs shall delete Toni Neilson as a plaintiff pursuant to the amendment to
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the Settlement Agreement;
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(4)
The deadline for the Settlement Administrator to establish a toll-free number
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shall precede the deadline to mail and publish the notice, in order to ensure that
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the Settlement Administrator can include this number in the notice;
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(5)
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Plaintiffs shall amend the deadline for submitting claims to ninety days after the
final approval hearing; and
(6)
Plaintiffs shall amend the deadline for submitting objections and for opting out
of the class to ninety days after the notice deadline.
Moreover, pursuant to 28 U.S.C. ยง 1715(b), Defendants should have already provided
the requisite notice to the appropriate federal and state officials. By no later than May 10, 2012,
Defendants shall file a declaration or declarations stating when they provided the notice
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For the Northern District of California
United States District Court
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required by this statute.
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IT IS SO ORDERED.
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Dated: May 3, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
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