Jabbari et al v. Wells Fargo & Company et al

Filing 371

ORDER ON REMAND re 368 USCA Order. Signed by Judge Vince Chhabria on 6/6/2020. (vclc1S, COURT STAFF) (Filed on 6/6/2020)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

SHAHRIAR JABBARI, et al.,

Case No. 15-cv-02159-VC

Plaintiffs,
ORDER ON REMAND

v.

Re: Dkt. No. 368
WELLS FARGO & CO., et al.,
Defendants.

This order responds to the Circuit’s request to further explain the Court’s conclusion that
the Chernavsky Plaintiffs’ objection regarding the claims period did not substantially benefit the
class. First, although it’s true that concern with the claims period was among the many
objections the Chernavsky Plaintiffs had raised, this Court would have extended the claims
period on its own. Second, in any event, the claims period would have been extended as a result
of involvement of the Attorneys General. Third, although it’s reasonable to assume that the
extension of the claims period conferred a benefit on the class, any conclusion about the extent
of that benefit would be speculative.
Generally speaking, the Chernavsky Plaintiffs’ participation in the settlement approval
process was more of a hinderance than a help. The objection regarding the claims period was one
of countless objections they made, some of which were exceedingly minor and some of which
were frivolous. Their approach of throwing as many pieces of mud on the wall as possible in the
hope that one might stick suggested that the intent behind their involvement was more parasitic
than productive. And their involvement was unnecessary, because there was no sign throughout

the process that class counsel or the class representatives were undermining the interests of the
class; to the contrary, they vigilantly protected the interests of the class all along the way.
IT IS SO ORDERED.
Dated: June 6, 2020
______________________________________
VINCE CHHABRIA
United States District Judge

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