Garvey v. Kmart Corporation

Filing 405

ORDER SETTING HEARING SCHEDULE re #403 Order, #401 Joint MOTION to Vacate Joint Administrative Motion to Vacate Dates in Light of Settlement filed by Kmart Corporation, #404 Response ( Non Motion ) filed by Kmart Corporation. Signed by Judge Alsup on July 25, 2013.. (whalc1, COURT STAFF) (Filed on 7/25/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 11-02575 WHA

Plaintiff,

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For the Northern District of California

United States District Court

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COLLETTE DELBRIDGE, individually
and on behalf of others similarly situated,

ORDER SETTING HEARING
SCHEDULE

v.
KMART CORPORATION,
Defendant.

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The parties’ proposed settlement appears to be little more than reimbursement of class

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counsel’s expenses in exchange for a class-wide release. Under the proposal, the class members

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would receive only token sums (except for the class representatives, who would hit bonanzas). It

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is unlikely that the Court will give preliminary approval to this settlement. Nevertheless, a

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preliminary hearing on the proposed settlement will be held on JULY 30 AT 8:00 A.M. On

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Monday, counsel may submit additional memoranda in support of the motion. If preliminary

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approval for the settlement is rejected, the evidentiary hearing will begin on JULY 31 AT 7:30

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A.M.

If preliminary approval is granted, the evidentiary hearing will be held in abeyance.

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IT IS SO ORDERED.

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Dated: July 25, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE