Collins v. GameStop Corp. et al

Filing 107

ORDER re: supplemental briefing on 103 MOTION for preliminary approval of class action settlement. Motion hearing set for 04/02/12 is vacated. Parties to submit joint filing pursuant to this order by 03/30/12. Signed by Judge Thelton E. Henderson on 03/23/12. (tehlc3, COURT STAFF) (Filed on 3/23/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMES COLLINS, et al.,

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v.
GAMESTOP CORP., et al.,

ORDER RE: SUPPLEMENTAL
BRIEFING ON MOTION FOR
PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT

Defendants.

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For the Northern District of California

United States District Court

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Plaintiffs,

NO. C10-1210 TEH

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No opposition to Plaintiffs’ motion for preliminary approval of a class action

13 settlement has been received, and the time for opposing the motion has passed. The Court
14 has reviewed the moving papers and determined that oral argument is unnecessary.
15 Accordingly, the April 2, 2012 hearing is VACATED. However, the Court has the following
16 questions that the parties shall answer in a joint filing on or before March 30, 2012:
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1. Who is the proposed Claims Administrator? Please also describe any affiliation

18 the proposed Claims Administrator may have with any of the parties.
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2. Has Defendant complied with 28 U.S.C. § 1715(b)? If not, it shall provide the

20 requisite notice immediately. Proof of service shall be filed with the required joint filing.
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3. What are the parties’ proposed dates for paragraph 14 of the proposed order? In

22 discussing these dates, the parties should consider the following issues: First, the final
23 approval hearing must be at least 90 days after notice under 28 U.S.C. § 1715(b) was served.
24 28 U.S.C. § 1715(d). Second, class members must have an adequate opportunity to evaluate
25 Plaintiffs’ motion for attorneys’ fees before the deadline for filing objections. In re Mercury
26 Interactive Corp. Sec. Litig., 618 F.3d 988, 995 (9th Cir. 2010). Thus, the motion for
27 attorneys’ fees must be filed prior to the deadline for filing objections, and not concurrent
28 with Plaintiffs’ response to any objections. Third, the parties’ agreement that objections be

1 delivered within 30 days of the Court’s order granting preliminary approval appears to leave
2 class members with inadequate time to consider whether to object, as the agreement provides
3 that the Claims Administrator shall send class notice within 15 days of the order.
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The Court anticipates that it will enter an order granting Plaintiffs’ motion after

5 reviewing the parties’ joint filing but will notify the parties if any questions remain.
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7 IT IS SO ORDERED.
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9 Dated: 03/23/12
THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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For the Northern District of California

United States District Court

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