Hofstetter v. Chase Home Finance LLC et al

Filing 223

ORDER REGARDING REVISED SETTLEMENT AGREEMENT re 222 Notice (Other), Notice (Other) filed by Sheila I. Hofstetter, Roger Modersbach (whalc1, COURT STAFF) (Filed on 8/16/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiffs,

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CLASS ACTION
ORDER REGARDING REVISED
SETTLEMENT AGREEMENT

v.

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For the Northern District of California

United States District Court

No. C 10-01313 WHA

SHEILA I. HOFSTETTER and ROGER
MODERSBACH, individually and as
representatives of the classes,

CHASE HOME FINANCE, LLC,
JPMORGAN CHASE BANK, N.A., and
DOES 1 through 50, inclusive,

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Defendants.
/

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Having reviewed the revised settlement agreement and related documents, this order finds

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that all problems identified at the August 11 hearing have been corrected, except for the scope of

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the class release. The definition of Released Claims is now limited to claims asserted in the

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second amended complaint. The class release, however, includes all claims “arising from or

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reasonably attributable to the Released Claims” (Dkt. No. 222-1 at 22:20–21). This language is

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too broad, as it encompasses claims that were not certified. Only the certified claims within the

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definition of Released Claims should be released by the class. No notices shall be mailed and no

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timeline for final approval shall be set until this last problem is corrected. Counsel should submit

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a further revised settlement agreement by AUGUST 18, 2011. For purposes of the notice forms,

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counsel are also advised that beginning on August 29, 2011, all hearings will be held in

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courtroom 8 rather than courtroom 9.

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IT IS SO ORDERED.

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Dated: August 16, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE