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. § 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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