Walsh v. Kindred Healthcare, Inc. et al

Filing 130

ORDER GRANTING, IN PART, 129 Joint Motion to Hear Motion for Preliminary Approval 128 on Shortened Time; VACATING Hearing on 128 Motion for Preliminary Approval; and ORDERING Supplemental Briefing by August 23, 2013. Signed by Judge Jeffrey S. White on August 15, 2013. (jswlc3, COURT STAFF) (Filed on 8/15/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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HAZEL WALSH, et al.,

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Plaintiffs,

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For the Northern District of California

United States District Court

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No. C 11-00050 JSW
ORDER GRANTING IN PART
JOINT MOTION TO HEAR
MOTION FOR PRELIMINARY
APPROVAL ON SHORTENED
TIME AND REQUIRING
SUPPLEMENTAL BRIEFING

v.

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KINDRED HEALTHCARE, INC., et al.,

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Defendants.
(Docket Nos. 128, 129.)

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On July 2, 2013, the parties filed a request to have the Court hear, on shortened time, the

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motion for preliminary approval of a class action settlement. In the alternative, the parties

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requested that the Court resolve the matter on the papers. The Court GRANTS, in part, the

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request to hear the matter on shortened time (Docket No. 129), and it shall resolve the motion

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for preliminary approval on the papers. Accordingly, the hearing on the motion for preliminary

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approval (Docket No. 128), scheduled for August 23, 2013 is VACATED.

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The Court, however, requires supplemental briefing on the following issues, which shall

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be submitted on or before August 23, 2013. At that time, the Court will deem the matter

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submitted and issue an order forthwith.

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1.

At the time they filed the motion, the settlement agreement had not been fully

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executed. The parties shall advise the Court if the settlement agreement is fully executed and, if

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not, why.

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2.

The parties have provided that notice will be sent by mail, and a one time

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advertisement in USA Today in California. The parties shall provide further briefing on: (1) the

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percentage of class members for whom mail notice will be sent; and (2) circulation information

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about USA Today, so the Court can evaluate whether any further publication notice should be

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required.

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3.

The Court is inclined to extend the time for class members to object or opt-out

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from 45 days to 60 days after notice is sent. The Court also is inclined to require Plaintiffs to

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file their motion for attorneys’ fees and incentive awards, including any supporting declarations

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from counsel and class representatives, at least 21 days before the deadline to opt-out or object.

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For the Northern District of California

United States District Court

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Would the parties object to those modifications? If so, on what basis?
4.

The Settlement Agreement makes reference to a cy pres distribution, but the

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parties do not address this in their motion. When do the parties anticipate providing the Court

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with that information?

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5.

The parties’ proposed notice states that the Clerk’s Office is open between the

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hours of 8:30 a.m. and 4:00 p.m. The Clerk’s office does not open until 9:00 a.m. The parties

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shall make that correction in their form notice and in any other notices or postings that contain

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that information.

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IT IS SO ORDERED.

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Dated: August 15, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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