Spalding et al v. City Of Oakland et al

Filing 96

ORDER granting 95 Joint motion for preliminary approval of class action settlement. Claim forms and objections due by 08/05/13. Parties to file joint statement by 08/19/13. Final Approval Hearing set for 09/09/13 at 10:00 AM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 06/13/13. (tehlc3, COURT STAFF) (Filed on 6/13/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DANIEL SPALDING, et al.,

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Plaintiffs,

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v.
CITY OF OAKLAND, et al.,

ORDER GRANTING JOINT
MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT

Defendants.

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For the Northern District of California

United States District Court

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NO. C11-2867 TEH

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This matter comes before the Court on the parties’ joint motion for preliminary

13 approval of the class action settlement agreement (“Agreement”), which is attached as
14 Exhibit 1 to the motion papers filed on May 22, 2013. The time for opposing the motion has
15 passed, and no oppositions have been filed. After carefully considering the written record,
16 the Court is satisfied that the proposed settlement meets the requirements for preliminary
17 approval and VACATES the hearing scheduled for July 1, 2013, and the case management
18 conference scheduled for July 22, 2013. With good cause appearing, IT IS HEREBY
19 ORDERED that:
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1.

Capitalized terms used in this order shall have the same meaning as set forth in

21 the Agreement.
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2.

The Agreement is preliminarily approved as fair, adequate, reasonable, and

23 within the range of possible approval, subject to further consideration at the Final Approval
24 Hearing. It appears that the Agreement was negotiated at arm’s length and is not the product
25 of collusion.
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3.

The Court will retain discretion to appoint Magistrate Judge Laurel Beeler or

27 any other individual to handle disputes relating to the interpretation, implementation, and
28 enforcement of the Agreement. The Court may also itself resolve any such disputes.

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4.

The form of Notice and Claim Form attached as Exhibit 2 to the motion is

2 approved. On or before June 21, 2013, Class Counsel shall provide notice to the class by
3 email and postal mail to those Class Members whose contact information is known to Class
4 Counsel. Class Counsel shall also post the Notice and Claim Form on the class website and
5 publicize the link to the Notice and Claim Form via social media.
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5.

Class Counsel shall use reasonable means, including emails and telephone calls

7 where contact information is known to counsel, to contact any Class Members who have not
8 submitted a Claim Form by July 22, 2013.
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6.

The Bar Date – i.e., the date by which Claim Forms must be postmarked or

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For the Northern District of California

United States District Court

10 delivered by email, fax, or in person to be considered for payment – shall be August 5, 2013.
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Class Members may object to the Agreement by submitting a written objection

12 to this Court, with a copy to Class Counsel, on or before August 5, 2013. Objections will be
13 filed in the public record. If a Class Member wishes to appear at the Final Approval Hearing
14 to object to the settlement, he or she should indicate such intent in the written objection.
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8.

Counsel for the Parties shall file a joint statement on or before August 19,

16 2013, indicating the number of claims received and responding to any written objections
17 submitted by Class Members.
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9.

The Final Approval Hearing shall be held on September 9, 2013, at

19 10:00 AM. The Court may continue the date of the Final Approval Hearing without further
20 notice to Class Members.
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22 IT IS SO ORDERED.
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24 Dated: 06/13/13
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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