Everett v. Fusionstorm, Inc.

Filing 20

ORDER re 19 STIPULATION WITH PROPOSED ORDER TO DISMISS ACTION SUBJECT TO SETTLEMENT AGREEMENT filed by Fusionstorm, Inc.. Signed by Judge Alsup on 9/25/2013. (whalc2, COURT STAFF) (Filed on 9/25/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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LAURIE EVERETT, a California resident,
individually and on behalf of all others
similarly situated,

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Plaintiff,

No. C 13-02238 WHA

ORDER RE STIPULATION TO
DISMISS ACTION

v.
FUSIONSTORM, INC., a Delaware
corporation; and DOES 1 to 100, inclusive,
Defendant.
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The Court has received the parties’ stipulation and proposed order to dismiss this action

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subject to the settlement agreement with plaintiff and without prejudice to claims of the putative

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class (Dkt. No. 19). This matter involves a putative class action. From experience, the Court is

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concerned that the leverage of a potential class proceeding is being used to obtain a

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disproportionate settlement in plaintiff’s or counsel’s favor without any benefit to the putative

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class. The Court is further concerned that a settlement was negotiated in violation to the order

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and notice dated July 25, 2013 at paragraph ten (Dkt. No. 11).

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Before approval of the requested dismissal, counsel shall lodge a copy of the final written

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settlement agreement between the parties. Counsel shall also explain (1) whether plaintiff’s

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counsel will receive any fees, expenses, or other compensation as a result of the settlement
agreement; (2) why this settlement agreement was negotiated in violation of the order and notice;

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and (3) whether plaintiff’s counsel are trying to dismiss this action in order to re-file the matter

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in a different jurisdiction. These explanations, as well as the copy of the settlement agreement,

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are due by 6:00 PM ON SEPTEMBER 25. The parties should be prepared to discuss the above at

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the initial case management conference at 11:00 AM ON SEPTEMBER 26.

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IT IS SO ORDERED.

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Dated: September 25, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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