Bruce v. Suntech Power Holdings Co., Ltd et al

Filing 168

ORDER DENYING REQUEST FOR EXCLUSION. Signed by Judge Richard Seeborg on 4/5/16. (cl, COURT STAFF) (Filed on 4/5/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT BRUCE, et al.,

Case No. 12-cv-04061-RS

Plaintiffs,
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United States District Court
Northern District of California

v.

ORDER DENYING REQUEST FOR
EXCLUSION

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SUNTECH POWER HOLDINGS CO.,
LTD, et al.,
Defendants.
In October 2015, the court preliminarily approved a settlement agreement for this class

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action. Pursuant to that order, all potential class members could request exclusion from the

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settlement agreement provided they submit legible requests for exclusion “no later than 21 days

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prior to the Final Approval Hearing,” which took place on February 11, 2016. Dkt. 155 ¶ 16.

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Reinhard Baumann, a potential class member, postmarked his request for exclusion and sent it to

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the claims administrator on March 7, 2016—more than six weeks after the deadline. The order of

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preliminary approval authorizes this court to accept untimely or improper request for exclusion.

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See id. (“The Request for Exclusion shall not be effective unless . . . made within the time stated

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above, or unless the exclusion is otherwise accepted by the Court.”). Baumann’s letter does not

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evince cause to accept this untimely request, and therefore it is denied.

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IT IS SO ORDERED.

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Dated: April 5, 2016

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______________________________________
RICHARD SEEBORG
United States District Judge