Parry v. National Seating & Mobility Inc

Filing 115

ORDER VACATING Case Management Conference and Notice to Parties re 114 Notice of Settlement. Signed by Judge Jeffrey S. White on April 22, 2013. (jswlc3, COURT STAFF) (Filed on 4/22/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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NATIONAL SEATING & MOBILITY, INC.,

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For the Northern District of California

United States District Court

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No. C 10-02782 JSW

Plaintiff,
v.

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MICHAEL PARRY, et al.

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ORDER VACATING CASE
MANAGEMENT CONFERENCE
AND NOTICE TO PARTIES RE
SCHEDULING ON PROPOSED
CLASS ACTION SETTLEMENT

Defendants.

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AND RELATED COUNTER-CLAIM
/

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The Court has received and considered the parties’ joint case management conference

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statement. In light of the parties’ representations that they will be submitting a motion for

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preliminary approval the Court HEREBY VACATES the case management conference. The

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Court notes that the parties have proposed that they file a motion for attorneys fees after the

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deadline for class members to opt out or object to the settlement. The Court requests that the

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parties address, in the motion for preliminary approval, why this timing is appropriate in light of

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the plain language of Federal Rule of Civil Procedure 23(h) and In re Mercury Interactive Corp.

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Sec. Litig., 698 F.3d 988, 993-95 (9th Cir. 2010).

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IT IS SO ORDERED.
Dated: April 22, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE