Akaosugi et al v. Benihana, Inc.

Filing 288

ORDER RE MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT (whalc2, COURT STAFF) (Filed on 1/17/2013)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 TETSUO AKAOSUGI, HIEU NGUYEN, and RINKO DONAHUE, on behalf of themselves and all others similarly situated, 11 For the Northern District of California United States District Court 10 12 Plaintiffs, No. C 11-01272 WHA ORDER RE MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT v. 13 BENIHANA NATIONAL CORPORATION, 14 Defendant. / 15 16 The Court is inclined to exclude from the settlement and release the 116 individuals for 17 whom mail was returned as undeliverable and no updated address could be obtained. The 18 settlement fund would be reduced in a corresponding amount. The Court is also inclined to split 19 the cy pres reversion to allow half to go to The Legal Aid Society–Employment Law Center and 20 half to the Lawyer’s Committee for Civil Rights. If counsel have any objections, they are 21 requested to file supplemental briefs, supported by legal authority and citations, due by NOON ON 22 TUESDAY JANUARY 22. 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: January 17, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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