Sewell et al v. State Compensation Insurance Fund

Filing 59

ORDER re 44 MOTION for Settlement. Signed by Judge Thelton E. Henderson on 8/20/2014. (tehlc1, COURT STAFF) (Filed on 8/20/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANDREA SEWELL, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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v.
STATE COMPENSATION
INSURANCE FUND,

Case No. 13-cv-00588-TEH
ORDER RE: HEARING ON
PLAINTIFFS’ MOTION FOR
PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT

Defendant.
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This matter is scheduled for hearing on Plaintiffs’ unopposed motion for

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preliminary approval of class action settlement on August 25, 2014. After reviewing the

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supplemental papers submitted in response to the Court’s July 10, 2014 Order, the Court

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has additional questions about the proposed settlement:

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1. The objection procedures set out in the Settlement Agreement and Proposed Order

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provide that objections shall be submitted to the Settlement Administrator whereas the

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proposed Class Notice states that objections shall be submitted to the Clerk of the Court.

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Compare Docket No. 46-1 at ¶¶ 85-93 (Memorandum of Understanding Regarding Class

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Action Settlement Agreement and Release), and Docket No. 58 ¶ 9 (Proposed Order), with

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Docket No. 58-1 at 4 (Class Notice providing for objection procedures). What explains

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this discrepancy?

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2. If either the Settlement Agreement and Proposed Order, or the Class Notice, require

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amendment in response to Question 1, must the parties send amended notice to the relevant

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State and Federal officials in order to comply with 28 U.S.C. § 1715(b)?

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The parties shall come to the August 25, 2014 hearing prepared to address these

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issues.

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IT IS SO ORDERED.

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Dated: 08/20/14

_____________________________________
THELTON E. HENDERSON
United States District Judge

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United States District Court
Northern District of California

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