Hofstetter v. Chase Home Finance LLC et al

Filing 225

ORDER SETTING FINAL SETTLEMENT APPROVAL HEARING re 224 Notice (Other), Notice (Other) filed by Sheila I. Hofstetter, Roger Modersbach. Signed by Judge Alsup on August 19, 2011. (whalc1, COURT STAFF) (Filed on 8/19/2011)

1
2

IN THE UNITED STATES DISTRICT COURT

3
FOR THE NORTHERN DISTRICT OF CALIFORNIA
4
5
6
7
8

Plaintiffs,

9
10

CLASS ACTION
ORDER SETTING
FINAL SETTLEMENT
APPROVAL HEARING

v.

11
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,

12

Defendants.
/

13
14

The second revised settlement agreement filed on August 18 (Dkt. No. 224-1) succeeds in

15

correcting all problems identified at the August 11 preliminary approval hearing. Accordingly, a

16

final settlement approval hearing is SET for 3:00 P.M. ON MONDAY, NOVEMBER 7, 2011, in

17

Courtroom 8. The motion for final approval must be filed by OCTOBER 24, 2011. The settlement

18

notice to existing class members shall be mailed by AUGUST 25, 2011, and it must be revised to

19

reflect that the hearing will take place in Courtroom 8, not Courtroom 9.

20

As to the newly discovered class members, the form of notice submitted on August 15

21

(Dkt. No. 222-2) must be mailed by AUGUST 31, 2011, regardless whether a settlement agreement

22

is reached. Notice of the settlement would not be sent until preliminary approval is granted after

23

a preliminary fairness hearing. Notice of the class action must be sent promptly and should not be

24

held up by any potential settlement. The notice must accurately state the time, date, and location

25

of the November 7 hearing.

26

IT IS SO ORDERED.

27
28

Dated: August 19, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE