Uppal v. CVS Pharmacy, Inc. et al

Filing 34

SUPPLEMENTAL ORDER RE PRELIMINARY APPROVAL. Signed by Judge Vince Chhabria on 9/11/2015. (knm, COURT STAFF) (Filed on 9/11/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RIMANPREET UPPAL,

Case No. 14-cv-02629-VC

Plaintiff,
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v.

SUPPLEMENTAL ORDER RE
PRELIMINARY APPROVAL

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CVS PHARMACY, INC., et al.,

Re: Dkt. No. 32

Defendants.

United States District Court
Northern District of California

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With respect to the cy pres beneficiary, the parties appear to have misunderstood the

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Court's comments at the hearing on the motion for preliminary approval. The Court did not find

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that the Employment Law Center is an appropriate beneficiary. The Court stated that the parties

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had not named an appropriate cy pres beneficiary, but that it assumed there would be many

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appropriate beneficiaries, such as the Employment Law Center. But the Court stated that the

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parties would need to select a cy pres beneficiary and then make an appropriate showing with

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respect to that beneficiary in connection with the motion for final approval. If the parties wish for

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the Employment Law Center to be the cy pres beneficiary, they must demonstrate in the motion

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for final approval that it is an appropriate beneficiary. See, e.g., Dennis v. Kellogg Co., 697 F.3d

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858, 865-67 (9th Cir. 2012). If they do not do so, the motion for final approval will be denied.

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Incidentally, the parties also appear to have misunderstood Cal. Civ. Proc. Code § 384, which

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appears to apply only when a cy pres beneficiary has not been designated by the parties.

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IT IS SO ORDERED.
Dated: September 11, 2015
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VINCE CHHABRIA
United States District Judge