Hochstetler et al v. Pacific Gateway Concessions LLC

Filing 74

ORDER Setting Status Conference. Signed by Judge Thelton E. Henderson on 6/20/17. Status Conference set for 7/24/2017 01:30 PM in Courtroom 12, 19th Floor, San Francisco before Judge Thelton E. Henderson. (tehlc2S, COURT STAFF) (Filed on 6/20/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RACHEL HOCHSTETLER, et al.,

Case No. 14-cv-04748-TEH

Plaintiffs,

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ORDER SETTING STATUS
CONFERENCE

v.

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PACIFIC GATEWAY CONCESSIONS
LLC,

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Defendant.

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The Court is in receipt of Consumers Union letter dated June 6, 2017. ECF No. 73. In

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United States District Court
Northern District of California

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short, Consumers Union alleges the cy pres award from the parties’ Settlement Agreement

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“provide[s] little value to consumers” and that despite Pacific Gateway Concessions’ efforts to

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address prior difficulties with the gift cards redeemability, “the settlement award is fundamentally

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flawed.” Id. Further, although Plaintiffs have cited to In re Toys “R” Us-Delaware, Inc. – Fair

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and Accurate Credit Transactions Act (FACTA) Litig., 295 F.R.D. 438 (C.D. Cal. 2014) in support

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of their argument that the Settlement Agreement is reasonable, ECF No. 71 at 4, Consumers

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Union has stated they “cannot participate in the cy pres award in its current form.” ECF No. 73 at

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3.

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As the parties are surely aware, the Court “retain[ed] continuing jurisdiction to interpret,

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implement, and enforce the Settlement, and all orders and judgment entered in connection

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therewith.” ECF No. 57 at ¶ 20. Thus, given that the Court is tasked with enforcing the

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Settlement Agreement, see Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994), and

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that problems have arisen in regard to the Settlement Agreement’s cy pres award, IT IS HEREBY

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ORDERED that a Status Conference will be held in this case before the Honorable Thelton E.

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Henderson on July 24, 2017 at 1:30 PM in Courtroom 12, 19th Floor, 450 Golden Gate Avenue,

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San Francisco, CA 94102. This conference shall be attended by lead counsel for the represented

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parties. The parties shall come prepared to address how the Court can properly enforce the

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Settlement Agreement’s cy pres award and what changes to the cy pres award, if any, are needed.

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Also, although the Court acknowledges that Consumers Union is not a party to the case and that it

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has conceded it “lack[s] standing in the case,” Consumers Union – as the currently named cy pres

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recipient – may send a representative to attend the status conference, if wanted.

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IT IS SO ORDERED

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Dated: 6/20/2017

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______________________________________
THELTON E. HENDERSON
United States District Judge

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United States District Court
Northern District of California

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