Hays et al v. Commonwealth Land Title Insurance Company et al

Filing 47

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the addresses are no longer valid.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known addresses are no longer valid or ascertainable.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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