Siegal et al v. Gamble et al

Filing 125

ORDER by Judge Richard Seeborg denying 43 Plaintiffs' Motion for Preliminary Approval of Class Settlement without Prejudice. (cl, COURT STAFF) (Filed on 9/28/2015)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 STEVEN SIEGAL, et al., Case No. 13-cv-03570-RS Plaintiffs, 11 United States District Court Northern District of California v. 12 13 G. THOMAS GAMBLE, et al., Defendants. ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT WITHOUT PREJUDICE Re: Dkt. No. 43 14 15 16 The Plaintiffs and some of the defendants have reached a settlement agreement. The 17 Plaintiffs filed a motion for preliminary approval of the class action settlement. There is, however, 18 a parallel motion for preliminary approval of the very same proposed settlement in the U.S. 19 Bankruptcy Court for the District of Delaware. To prevent unnecessary litigation, the parties have 20 agreed that the proper course of action is to wait until the Bankruptcy Court rules on the motion 21 for preliminary approval of class settlement. Thus, the Plaintiffs’ motion for preliminary approval 22 is denied without prejudice. After the Bankruptcy Court issues its ruling, the Plaintiffs may file a 23 renewed motion for preliminary approval of class action settlement. 24 Dated: September 28, 2015 25 26 27 28 ________________________ RICHARD SEEBORG United States District Judge

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