Tuttle et al v. Sky Bell Asset Management LLC et al

Filing 333

ORDER REGARDING REQUEST FOR RELIEF FROM DEADLINE TO DISSEMINATE CLASS NOTICE AND FOR LEAVE TO FILE A MOTION FOR PRELIMINARY APPROVAL OF THE PARTIES' MEDIATED SETTLEMENT by Hon. William Alsup granting in part and denying in part 331 Motion for Leave to File.(whalc2, COURT STAFF) (Filed on 3/21/2012)

1
2
3
4
5
IN THE UNITED STATES DISTRICT COURT
6
FOR THE NORTHERN DISTRICT OF CALIFORNIA

7
8
9

11
For the Northern District of California

United States District Court

10

EDGAR W. TUTTLE, ERIC BRAUN, and THE
BRAUN FAMILY TRUST by its co-trustee ERIC
BRAUN, on behalf of themselves and all others
similarly situated,

12
13
14

No. C 10-03588 WHA

Plaintiffs,
v.
SKY BELL ASSET MANAGEMENT, LLC, et al.,

15

Defendants.

ORDER REGARDING REQUEST
FOR RELIEF FROM DEADLINE
TO DISSEMINATE CLASS
NOTICE AND FOR LEAVE TO
FILE A MOTION FOR
PRELIMINARY APPROVAL OF
THE PARTIES’ MEDIATED
SETTLEMENT

/

16
17

Plaintiffs and defendant Rothstein Kass & Company, PC have submitted a request

18

seeking relief from the March 23, 2012, deadline to disseminate class notice. They also seek

19

leave to file a motion for preliminary approval of the parties’ mediated settlement (Dkt. No.

20

331).

21

This matter was previously referred to Magistrate Judge Joseph C. Spero for mediation

22

and settlement (Dkt. No. 60). Magistrate Judge Spero is familiar with the undersigned judge’s

23

views on fairness to absent class members in any proposed class-action settlement. Counsel are

24

ordered to explain why they violated the order of referral and pursued private mediation.

25
26
27
28

1
2

The deadline to disseminate the class notice will be extended to NOON ON MARCH 26.
Counsel must submit under seal, a copy of the proposed settlement.

3
4

IT IS SO ORDERED.

5
6

Dated: March 21, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2