Angell et al v. City of Oakland et al

Filing 66

ORDER RE: ISSUES TO BE ADDRESSED AT HEARING. Signed by Judge Nathanael M. Cousins on 11/12/2014. (nclc2, COURT STAFF) (Filed on 11/12/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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STEVEN ANGELL, et al.,
Plaintiffs,

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Case No. 13-cv-00190 NC
ORDER RE: ISSUES TO BE
ADDRESSED AT HEARING

v.
CITY OF OAKLAND, et al.,
Defendants.

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The following is a non-exhaustive list of issues that the Court expects the parties to

19 address at the hearing today on the pending motions for class certification and preliminary
20 approval of class action settlement:
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1. The definition of the class in the settlement agreement including the reference to a

22 2012 class certification order;
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2. The scope of the release in the settlement agreement, including any differences

24 between the claims to be released and the claims set out in the operative complaint, the
25 identity of who is being released, and the inclusion in the release of persons who fall within
26 the definition of the class but have opted out;
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3. The status of dismissal of individual defendants pursuant to the settlement

28 agreement;
Case No. 13-cv-00190 NC
ORDER RE: ISSUES TO BE
ADDRESSED AT HEARING

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4. A comparison of the rec
n
covery unde the terms of the settl
er
s
lement and the potential

y
ffs
p
heir
;
2 recovery if plaintiff were to prevail on th claims;

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5. Th fairness of the pro rata allocation of the se
he
r
ettlement fu among class memb
und
bers,

ring
fferences of the length of detention and wheth any clas members
f
n
her
ss
s
4 consider the diff
ed
5 sustaine injuries;

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6. Th legal aut
he
thority for th requeste Court ord regardin factual in
he
ed
der
ng
nnocence;

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7. What happen if a check is undeliv
W
ns
k
verable or re
emains unca
ashed and w
whether a cy pres
y

nt
ed;
8 recipien is propose

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8. What is the effect on the settlement agreement if the Cou awards le than the
W
e
e
t
t
urt
ess
e

n
torneys’ fee and costs and repres
es
s
sentative aw
wards;
10 amount provided in that agreement for att
0

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9. Th definition of the cla and wha claims are being rele
he
ass
at
e
eased in the proposed c
e
class

nd
ferences com
mpared to th settlement agreeme and oper
he
ent
rative comp
plaint;
12 notice an any diffe
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10. Th details of the proposed method of providin notice to the class, including w
he
d
ng
o
what

w
l
turned as un
ndeliverabl and the ti
le
iming of suc rech
14 efforts will be made to re-mail notices ret
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.
15 mailing.
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Th Court ref the par
he
fers
rties to this District’s P
Procedural G
Guidance fo Class Ac
or
ction

ents
ble
C
17 Settleme availab on the Court’s website.
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IT IS SO OR
T
RDERED.

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Date: Novem
mber 12, 201
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____
__________
__________
_____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 13-cv-0019 NC
90
ORDER RE: ISSUE TO BE
R
ES
ADDRE
ESSED AT HEARING
H

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