Hays et al v. Commonwealth Land Title Insurance Company et al
Filing
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ORDER REQUIRING FURTHER FILINGS. Signed by Judge JEFFREY S. WHITE on 7/3/12. (jjoS, COURT STAFF) (Filed on 7/3/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VIVIAN R. HAYS, et al.,
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For the Northern District of California
United States District Court
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Plaintiffs,
No. C 10-05336 JSW
v.
COMMONWEALTH LAND TITLE
INSURANCE COMPANY, et al,
ORDER REQUIRING FURTHER
FILINGS
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Defendants.
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/
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The Court has reviewed and considered the parties papers in support of the motion for
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preliminary approval of class action settlement. Although Plaintiffs represent that the Notice of
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Settlement is attached as Exhibit 1 to proposed preliminary approval order, the proposed notice
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was not attached. Plaintiffs shall file the proposed notice by no later than 9:30 a.m. on July 5,
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2012.
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Moreover, the Court notes that Plaintiffs propose to mail notices to the last known
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address of the purported class, but do not have any stated plan for providing notices for whom
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the addresses are no longer valid. By no later than 9:30 a.m. on July 5, 2012, Plaintiffs shall file
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a declaration attesting to their plan for providing prompt notice to class members whose last
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known addresses are no longer valid or ascertainable. Alternatively, Plaintiffs may file a
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declaration stating, under penalty of perjury, that they have good reason to believe that they
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have current and valid addresses for all class members.
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The Court FURTHER ORDERS that Plaintiffs shall file an amended proposed order
granting preliminary approval with the following changes:
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(1)
the final fairness hearing shall be held on November 2, 2012;
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(2)
the Notice shall be mailed to the Settlement Class on or before July 16, 2012;
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(3)
the deadline for requesting exclusion from the Settlement Class or for filing
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objections shall be September 2, 2012; and
(4)
the deadline for filing a motion for payment of reasonable attorneys’ fees and
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reimbursement of litigation costs and the deadline for settlement class
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representatives to file their motion for payment of incentive fees shall be sixty
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For the Northern District of California
United States District Court
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days prior to the final fairness hearing.
IT IS SO ORDERED.
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Dated: July 3, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
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