Galeener v. Source Refrigeration & HVAC, Inc.

Filing 127

ORDER RE: PRELIMINARY APPROVAL HEARING (vclc3, COURT STAFF) (Filed on 3/6/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LYLE E GALEENER, et al.,

Case No. 13-cv-04960-VC

Plaintiffs,
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v.

ORDER RE PRELIMINARY
APPROVAL HEARING

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SOURCE REFRIGERATION & HVAC,
INC.,

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United States District Court
Northern District of California

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Defendant.

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The parties are notified of the following:

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(1) The Court is tentatively inclined to reject the provision which states that failure to file a

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written objection constitutes a waiver of the right to object orally at the hearing on final

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approval.

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(2) The Court assumes that the distribution to each class member contemplated by the

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agreement represents only a partial share of the compensation to which each class

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member would be entitled if the plaintiffs prevailed. If this is correct, the Court is

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tentatively inclined to reject the provision that calls for unclaimed funds to be returned

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to the defendant, rather than being distributed, in a second round of checks, to the class

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members who did claim their original payment by cashing their checks.

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The parties should be prepared to address these issues at the preliminary approval hearing.

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IT IS SO ORDERED.
Dated: March 6, 2015
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Vince Chhabria
United States District Judge