Greko v. Diesel U.S.A., Inc.

Filing 167

ORDER RE: FURTHER BRIEFING. Signed by Judge Nathanael M. Cousins on 04/11/2013. (nclc2, COURT STAFF) (Filed on 4/11/2013)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 RYAN GREKO, 12 13 Case No. 10-cv-02576 NC Plaintiff, v. ORDER RE: FURTHER BRIEFING Re: Dkt. No. 159 14 DIESEL U.S.A., INC., 15 Defendant. 16 17 18 On March 6, 2013, the Court held a hearing and took under submission plaintiff’s 19 motion for final approval of the class action settlement, attorneys’ fees and costs, and class 20 representative’s incentive award. The Court hereby orders the parties to submit 21 supplemental briefing on the following issue. 22 The settlement agreement in this case includes a cy pres provision which states that 23 “In the event a CLASS MEMBER cannot be located or fails to cash the check sent to him 24 or her within 180 days, the ADMINISTRATOR will cancel the payment to that CLASS 25 MEMBER and dispense all such funds under the cy pres doctrine to a charity mutually26 selected by the SETTLING PARTIES, that is in an area of legal aid that addresses, among 27 other things, employment issues, and that is approved by future Court order.” Dkt. No. 28 150-1 ¶ 4.3. The parties have not identified any proposed recipient(s) for the cy pres Case No. 10-cv-02576 NC ORDER RE: FURTHER BRIEFING 1 distribution. The parties must meet and confer to discuss such recipient(s), and must notify 2 the Court by joint letter brief, within 14 days of the date of this Order, of the proposed 3 recipient(s) and why those recipients meet the requirements for approval of cy pres 4 distribution set forth in Dennis v. Kellogg Co., 697 F.3d 858, 865 (9th Cir. 2012). 5 IT IS SO ORDERED. 6 Date: April 11, 2013 7 _________________________ Nathanael M. Cousins United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 10-cv-02576 NC ORDER RE: FURTHER BRIEFING 2

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