Plascencia et al v. Lending 1st Mortgage et al

Filing 429

ORDER by Judge Claudia Wilken granting 404 Joint Motion for Preliminary Approval of Partial Class Action Settlement (Attachments: # 1 Settlement Notice) (cwlc2S, COURT STAFF) (Filed on 12/28/2012)

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BERNS WEISS LLP
Jeffrey K. Berns (SBN 131351)
[e-mail]
20700 Ventura Boulevard, Suite 140
Woodland Hills, CA 91364
Tel.: [phone]
Fax: [phone]

WILLIAMS CUKER BEREZOFSKY
Mark R. Cuker (admitted pro hac vice)
[e-mail]
Michael J. Quirk (admitted pro hac vice)
[e-mail]
1515 Market Street, Suite 1300
Philadelphia, PA 19102
Tel.: [phone]
Fax: [phone]

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SMOGER & ASSOCIATES
Gerson H. Smoger (SBN 79196)
[e-mail]
Steven M. Bronson (SBN 246751)
[e-mail]
3175 Monterey Blvd
Oakland, CA, 94602-3560
Tel.: [phone]
Fax: [phone]

ARBOGAST BOWEN LLP
David M. Arbogast (SBN 167571)
[e-mail]
Chumahan B. Bowen (SBN 238168)
[e-mail]
11400 W. Olympic Blvd., 2nd Floor
Los Angeles, CA 90064
Tel.: [phone]
Fax: [phone]

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[Additional counsel listed on signature page]

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Attorneys for Plaintiffs and the Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION

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ARMANDO PLASCENCIA and MELANIA
PLASCENCIA, individually and on behalf of
all others similarly situated,
Plaintiffs,

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CLASS ACTION
NOTICE OF PROPOSED SETTLEMENT
AND FINAL APPROVAL HEARING

v.
LENDING 1ST MORTGAGE, LENDING 1ST
MORTGAGE LLC, EMC MORTGAGE
CORPORATION, and DOES 1 through 10
inclusive,

Case No. 4:07-cv-04485-CW

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Settlement Notice Date:

_______, 2013

Objection Deadline:

______ , 2013

Final Approval Hearing:
Defendants.
Courtroom:
Judge:
Complaint Filed:
Trial Date:

May 2, 2013,
at 2:00 p.m.

2 – 4th Floor
Hon. Claudia Wilken
August 29, 2007
November 5, 2012

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NOTICE OF PROPOSED SETTLEMENT AND FINAL APPROVAL HEARING

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PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY.
THIS IS NOT A LAWSUIT AGAINST YOU.

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YOU MAY BENEFIT FROM READING THIS SETTLEMENT NOTICE AND YOUR
RIGHTS MAY BE AFFECTED BY THE LAWSUIT AND THIS STIPULATION OF
SETTLEMENT

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THIS NOTICE OF PROPOSED SETTLEMENT IS SENT TO YOU BECAUSE YOU ARE A
MEMBER OF THE FOLLOWING CLASS:

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All individuals who, between August 29, 2003 and May 12, 2011, have or have had a

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Monthly Option ARM loan, secured by real property located in the United States, that

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was originally made by LENDING 1st MORTGAGE within the state of California and

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then sold or owned by LENDING 1st MORTGAGE or EMC MORTGAGE

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CORPORATION.

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I.

WHY DID YOU GET THIS SETTLEMENT NOTICE?
This Notice of Proposed Settlement (“Settlement Notice”) is given pursuant to an order of the

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United States District Court for the Northern District of California (the “District Court”). This

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Settlement Notice informs you that there is a pending partial settlement in a class action lawsuit that

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may affect you. The lawsuit is entitled Plascencia, et al v. Lending 1st Mortgage, et al, Case No.

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4:07-cv-04485-CW (the "Action") filed in the United States District Court for the Northern District of

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California.

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This Settlement Notice provides notice to you of the terms of the proposed partial settlement in

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the Class Action, so that if the partial settlement is approved by the Court, it can be implemented and a

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cash payment can be made to you in accordance with the procedures set forth herein.

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II.

WHAT IS THE CLASS ACTION ABOUT?

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The Class Action was brought on behalf of a class of borrowers who received an Option ARM

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loan through Lending 1st Mortgage and Lending 1st Mortgage, LLC (collectively “Lending 1st”) from

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August 29, 2003 through May 12, 2011, the date of the Class Notice (as defined below). The Class

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Action alleges, among other things, that Lending 1st, EMC Mortgage Corporation (“EMC”), and
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certain unnamed defendants violated California state law (located at Cal. Bus. & Prof. Code § 17200
and the following), and committed fraud. Lending 1st raised its defenses in an answer to Plaintiffs’
Third Amended Complaint filed on July 31, 2008.

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After lengthy good faith bargaining, the Plaintiffs and Class Representatives Armando
Plascencia and Melania Plascencia (referred to as “Class Representatives”) and Lending 1st (Class
Representatives and Lending 1st together referred to as the “Parties”) have reached a proposed
settlement in the Action (the “Settlement”), which Class Representatives, the attorneys acting on
behalf of the Class (“Class Counsel”) and Lending 1st believe is fair and reasonable under the
circumstances. The proposed Settlement between the Parties is a compromise of disputed claims, and
takes into account the fact that Lending 1st is no longer in business, and has no assets to pay any
claims. The Parties have negotiated the Settlement in order to avoid further costs, expenses, and
uncertainties of continuing the lawsuit, and in view of Lending 1st’s extremely limited ability to pay.
The proposed Settlement does not mean, and will not be construed to mean, that Lending 1st has or
has not committed any wrongdoing or that the Class would or would not be able to recover anything
from Lending 1st if the Action was not settled.

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Defendant EMC Mortgage Corporation is not a party to this Settlement, and remains a
defendant in the Action. This Settlement Agreement is not intended to, and does not, release any
claims against EMC.
III.

WHAT IS THE STATUS OF THE ACTION?
On or about May 12, 2011, a notice was sent to Class members, pursuant to the Court’s

approval on April 13, 2011, notifying members of the Class that the Court certified this Action as a
class action pursuant to Federal Rules of Civil Procedure, Rule 23(b)(3) (“Class Notice”).
After extensive court proceedings and bargaining, the parties reached an Agreement and
Stipulation of Partial Settlement of Class Action (“Settlement Agreement”) stating the terms and
conditions of the Settlement of the Action with Lending 1st, subject to approval by the Court. The
parties filed a Motion for Preliminary Approval of the Settlement on September 10, 2012 (the
“Motion”).

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The Court held a preliminary approval hearing on the Motion on December 6, 2012, and on
__________, 2012 it entered an order preliminarily approving the Settlement (the "Preliminary
Approval Order") and ordering that this Settlement Notice be sent to all Class members.
IV.

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The Court has defined the Class as follows:

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All individuals who, between August 29, 2003 and May 12, 2011, have or have had a

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Monthly Option ARM loan that:

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(a) was originated by LENDING 1st MORTGAGE and then sold or owned by

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LENDING 1st MORTGAGE OR EMC MORTGAGE CORPORATION;

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(b) was secured by real property in the United States; and

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(c) was originated or otherwise approved by Defendant LENDING 1st MORTGAGE

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within the State of California.

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WHO IS IN THE CLASS?

All people who meet these criteria and who have not excluded themselves from the Class in
accordance with the Class Notice are the “Class members.”
V.

WHAT ARE THE TERMS OF THE SETTLEMENT?
The following description of the proposed Settlement is only a summary. If there is any

difference between this summary and the terms of the Settlement Agreement (a copy of which was
attached as Exhibit A to the Declaration of Jeffrey K. Berns In Support of the Joint Motion for
Preliminary Approval of Partial Class Action Settlement), the terms of the Settlement Agreement shall
control. You may obtain a copy of the complete Settlement Agreement by contacting the Settlement
Administrator at the address set forth in Section XII, below, or by visiting the Settlement Website
located at __________________.
The proposed Settlement described in this Settlement Notice is being considered for final
approval by the Court. If the Court approves the Settlement, the claims against Lending 1st will be
dismissed so that they cannot be brought again. Class members who had not previously timely and
validly excluded themselves from the Class will be bound by the terms of the Settlement Agreement as
described below.

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As more fully explained in the Settlement Agreement, and if the Court finally approves it, the
parties have agreed to a settlement as outlined below:
A.

Establishment of a Settlement Fund.

Lending 1st has agreed to deposit $150,000.00, minus certain ongoing expenses of this lawsuit,
(the “Settlement Proceeds”) with the Settlement Administrator, Epiq Class Action and Claims
Solutions, Inc., to set up a Settlement Fund. This will be accepted as full and complete satisfaction of
the claims made in the Action against Lending 1st. Lending 1st shall make the first payment of
$10,000 to the Settlement Administrator within ten (10) days of the Preliminary Approval Order.
Lending 1st shall pay the rest of the Settlement Proceeds to the Settlement Administrator within five
(5) days after the Final Approval Order Date.
Lending 1st’s payment of the Settlement Proceeds will fulfill Lending 1st’s financial
responsibility under the Settlement Agreement, and Lending 1st will have no further obligation to pay
any additional money in Settlement of the Action. All payments to the Class members, the Class
Representatives, and/or the Settlement Administrator will be paid out of the Settlement Fund.
B.

Payment to Class Members.

The Settlement Administrator, on behalf of Lending 1st, shall pay all Class members an equal
portion of the Settlement Fund, after deducting from the Settlement Fund: (1) the payment to the
Settlement Administrator of up to $30,000.00; and (2) the payment of up to $5,000.00 each to the
Class Representatives, if the Court approves, for the services they provided to the Class in connection
with the prosecution of the Action.
Payment of the Class members’ shares of the Settlement Fund shall be made by a check from
the Settlement Administrator to each Class member (the “Settlement Check”), or jointly to multiple
Class members (“Co-Class members”) if the loan was made to more than one borrower. Only one
Settlement Check will be issued per loan. Neither Lending 1st nor the Settlement Administrator shall
have liability to any person arising from any claim regarding the division of any payment made under
the Settlement Agreement among Co-Class members or be responsible to any person for any disputes
over who should receive any payment made pursuant to the Settlement Agreement.

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Settlement Checks will be issued and mailed to Class members within thirty (30) days after the
Final Approval Order Date (as defined in the Settlement Agreement). Settlement Checks can be
cashed for ninety (90) days after they are issued and after that, they will be void (“Void Date”).
If a Settlement Check is not cashed by the Void Date, the Class member shall forfeit his or her
right to payment and will not be entitled to have a Settlement Check reissued or to any further
distribution from, or to any further recourse against, Lending 1st or the Settlement Administrator. The
Settlement Check will not be deemed to be abandoned property subject to payment to the State. The
Settlement Agreement will in all other respects be fully enforceable against the Class member.
NOTHING IN THE SETTLEMENT RELIEVES ANY CLASS MEMBER FROM HIS OR
HER DUTY TO MAKE PAYMENTS ON THE MORTGAGE LOAN OBTAINED THROUGH
LENDING 1ST.
C.

Payment to the Class Representatives.

Subject to approval by the Court, the Class Representatives, Armando Plascencia and Melania
Plascencia, will each receive up to $5,000.00 in settlement of their individual and class claims against
Lending 1st and in recognition of their services as Class Representatives.
D.

Class Counsel’s Attorneys’ Fees and Costs.

Class Counsel will not be seeking compensation for Class Counsel’s services or for costs and
expenses relating to the prosecution of the claims of the Class Representatives and Class members
against Lending 1st in this action.
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Distribution of Remainder.

Any check to a Settlement Class member that is returned to the Settlement Administrator with
a forwarding address will be re-sent to the address provided and the Settlement Administrator’s
database will be updated with the current address information. If any check to a Settlement Class
member is uncashed sixty (60) days after the date of the check, the Settlement Administrator shall
send a reminder letter to that Settlement Class member. The total amount of all checks that are
returned as undeliverable, with no forwarding address, or still uncashed ninety (90) days after the date
the check is written shall become part of a fund to be given to The National Consumer Law Center.

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F.

Release.

Under the Settlement Agreement, all Class members who had not previously timely and validly
excluded themselves from the Class will be bound by the terms of the Settlement Agreement if the
Settlement is approved. Additionally, upon final approval of the Settlement, the Class Representatives
and the Class members will be bound by the Release provisions of the Settlement Agreement. The
Settlement Agreement provides that:
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For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Class Representatives and Class members, their respective coborrowers, spouses, or former spouses, who may have or have had an interest in the
loan that is the subject of this Settlement Agreement, and the present, former and future
respective heirs, executors, administrators, representatives, agents, attorneys, partners,
successors, predecessors-in-interest, assigns, employees, and insurers of the Class
Representatives and the Class members (collectively, the "Releasing Parties"), hereby
remise, release, and forever discharge Lending 1st, and each of its present, former, and
future direct and indirect parent companies, including but not limited to its
shareholders, directors, officers, insurers, affiliates, subsidiaries, divisions, officers,
employees, agents, attorneys, directors, shareholders, assignors, and predecessors-ininterest (but excluding any assignees or purchasers of loans to Class members)
(collectively the "Released Parties") from any and all duties, obligations, claims,
counterclaims, judgments, demands, lawsuits, actions, causes of action or liabilities,
relating to the failure to disclose that the subject loans guaranteed negative
amortization. This release shall apply whether arising under local, state, or federal law,
whether by statute, contract, common law, or equity. The foregoing Release shall also
apply to any and all claims of the Releasing Parties that would be barred by the
doctrines of res judicata and collateral estoppel had the issues in this case been litigated
by each Class member to a final judgment on the merits, and to any and all past,
present, and future claims, administrative or otherwise, actions, causes of action, rights,

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or liabilities, known or unknown, based on or arising from the allegations that are

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contained in the Complaint, or that could have been asserted in the Complaint, against

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any of the Released Parties, provided, however, that nothing in this Settlement

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Agreement shall limit or curtail any Class member’s rights with respect to any claims

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that he or she may have against any assignee or purchaser of Class member’s loans that

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is not a Released Party.
2.

Without limiting the foregoing, the Released Claims specifically extend to and include
any claims relating to the origination of the loans that the Class Representatives, Class
members, and the Releasing Parties do not know, or suspect to exist in their favor at the
time that the Settlement Agreement is executed, or at the time that the Settlement
Agreement and the Releases contained therein become effective (i.e., the Final
Approval Order Date), which, if known, might have affected their decision to enter into
the Settlement Agreement. The Class Representatives, Class members, and the
Releasing Parties intentionally and knowingly waive any and all provisions, rights, and
benefits conferred by any law of the United States, any state or territory of the United
States, or any law or principle of common law or equity that governs or limits a
person’s release of unknown claims. The Class Representatives, Class members, and
the Releasing Parties understand and acknowledge that they may discover facts in
addition to or different from those that are currently known or believed to be true with
respect to the subject matter of the Released Claims but that it is their intention to fully,
finally, and forever settle and release all of the Released Claims, known and unknown,
suspected or unsuspected, without regard to the subsequent discovery or current
existence of any such additional or different facts, and in furtherance of such intention,
the release of these Released Claims shall remain in effect notwithstanding the
discovery or existence of any such additional or different facts. The provisions of this
paragraph include, without limitation, an express, knowing, and voluntary waiver, to
the fullest extent permitted by law, by the Class Representatives and all Class members

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and Releasing Parties, of any and all rights or benefits conferred under Section 1542 of

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the California Civil Code, which provides that:

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A general release does not extend to claims which the creditor does not know or

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suspect to exist in his or her favor at the time of executing the release, which if

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known by him or her must have materially affected his or her settlement with

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the debtor.

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The Class Representatives, Class members, and the Releasing Parties understand and

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acknowledge the significance of this waiver of Section 1542 of the California Civil

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Code. In addition, the Class Representatives and all Class members and Releasing

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Parties also expressly, knowingly, and voluntarily waive any and all provisions, rights,

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and benefits conferred by any law of the United States, any state or territory of the

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United States, and any law or principle of common law or equity, which is similar,

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comparable, or equivalent to Section 1542 of the California Civil Code.
VI.

FINAL APPROVAL HEARING
The hearing for final consideration and approval of the Settlement (i.e., the Final Approval

Hearing), is scheduled to occur on May 2, 2013, at 2:00 p.m. in Courtroom 2 on the 4th Floor of the
United States District Court for the Northern District of California at 1301 Clay Street, Oakland,
California 94612. The date or time of the hearing may be changed without further notice being sent
directly to you. However, if the hearing date or time is changed, notice of the new date and time will
be posted online on the settlement website at ____________________________. You may also
contact Class Counsel using the contact information set forth in Section VIII below to find out if the
hearing date or time has been changed.
At the Final Approval Hearing, the Court will hear any objections and arguments concerning
the fairness of the proposed Settlement, including any objections and arguments by those Class
members who comply with the provisions of the Settlement Agreement as noted in Section VII(B),
below. YOU DO NOT HAVE TO ATTEND THIS HEARING UNLESS YOU OBJECT TO THE

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SETTLEMENT AND WISH TO APPEAR IN PERSON. IT IS NOT NECESSARY TO APPEAR IN
PERSON IN ORDER TO MAKE AN OBJECTION.

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If the Court approves the Settlement, payment to the Class members will be completed within
approximately one (1) month after the entry of an order finally approving the Settlement, unless an
appeal is taken. If an appeal is taken, there will be a delay in any payment, and there is the possibility
that the Court may not approve the Settlement. If the Settlement is not approved, the Class Action will
proceed as if no Settlement Agreement had been attempted, and there will be no payments provided at
all. There can be no assurance that if the Settlement is not approved and the Class Action continues to
proceed, the Class would recover more than what is provided in the Settlement Agreement, or indeed,
recover anything at all.
VII.

WHAT ARE YOUR OPTIONS?
A.

Do Nothing. If you are satisfied with the proposed Settlement, you do not need to do

anything. Under the terms of the Settlement Agreement and after the Court’s final approval of it,
Class members shall receive their share of payment from the Settlement Fund as set forth in Section
V(B) above. Please ensure that the Settlement Administrator has your current address, as set forth
below in Section X.
B.

Right to Object. If you believe that the proposed Settlement is unfair or inadequate,

you may submit an objection to the Court. However, Class members who had previously opted out of
the Class have no right to file or present any objection.
If you wish to submit an objection, you must send a written objection to the Settlement
("Written Objection") to the Clerk of the District Court, 1301 Clay Street, Oakland, California 94612
no later than sixty (60) days after the date of the Settlement Notice (i.e., Written Objections must be
sent to the Court on or before __________, 2013). Your objection should reference the name of the
case as Plascencia, et al v. Lending 1st Mortgage, et al, and the Court’s Case number, 4:07-cv-04485CW. Copies of your written objection must be mailed to Class Counsel and Lending 1st’s Counsel
postmarked by the same date to the addresses listed in Sections VIII and IX, below.

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The Written Objection must contain: (i) a statement of your objection, including the specific
grounds for the objection and any other reasons why you desire to be heard; (ii) any legal support you
wish to bring to the Court’s attention; and (iii) any evidence, documents or writing that you wish to
introduce in support of the Written Objection. You may appear at the Final Approval Hearing in
person or through counsel at your own expense. If you want to appear in person or through counsel at
the Final Approval Hearing, your written objection must also include notice of your intent to appear.

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A copy of the Parties’ Joint Motion for Final Approval of the Settlement, which will include
any request that the Court grant a service award to the Class Representatives, will be posted to the
settlement website no later than two weeks before the deadline for you to submit objections (or by
_________, 2013).

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The Final Approval Hearing will be the only opportunity for any Class member who objects to
the proposed Settlement, the Settlement Agreement, the release of the Released Claims, or the entry of
an order directing payment from the Settlement Fund, to appear and be heard.
VIII. WHO REPRESENTS THE CLASS?

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The law firms of Berns Weiss LLP, Smoger & Associates, Arbogast Bowen LLP, Seeger
Weiss LLP, Williams Cuker Berezofsky, and Spiro Moore LLP represent the Class Representatives
and the Class.

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All notices to Class Counsel as required or permitted to be given by law or by the terms of the
Settlement Agreement shall be in writing and shall be sent by first class United States mail, postage
prepaid, addressed as follows:

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Jeffrey K. Berns
BERNS WEISS LLP
20700 Ventura Blvd., Suite 140
Woodland Hills, CA 91364
[phone]

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IX.

WHO REPRESENTS LENDING 1ST?

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The following attorneys represent Lending 1st in connection with this Settlement Agreement.

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All notices to Counsel for Lending 1st as required or permitted to be given by law or by the terms of

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the Settlement Agreement shall be in writing and shall be sent by first class United States mail,
postage prepaid, addressed as follows:

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Mark S. Tratten
ERICKSEN ARBUTHNOT
100 Howe Avenue, Suite 110 South
Sacramento, CA 95825

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X.

CORRECT ADDRESS
If this notice was sent to you at an address that is not current, or if it was otherwise forwarded

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to you by the U.S. Postal Service, you should immediately send a letter to the Settlement

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Administrator, Epiq Class Action and Claims Solutions, Inc., at P.O. Box 4079, Portland, Oregon

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97208-4079, stating the name of the case and your past and current address. It is important for you to

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provide your current address to the Settlement Administrator to ensure that you receive your

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settlement check, if the Settlement is approved by the Court.

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XI.

AVAILABILITY OF FILED PLEADINGS

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This description of the Class Action is general and does not cover all of the issues and

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proceedings thus far, and provides only a summary of the basic terms of the proposed Settlement. The

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complete terms and conditions of the proposed Settlement are contained in the Settlement Agreement

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on file with the Court. All papers filed in the Class Action, including the Settlement Agreement, are

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available for you to inspect and order copies at your expense at the office of the Clerk of the Northern

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District Court, 1301 Clay Street, Oakland, California 94612. Certain documents, including the

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Settlement Agreement and the Motion, are also available online on the settlement website at

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____________________________. You can also request a copy of the Settlement Agreement or the

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Motion by contacting the Settlement Administrator as set forth in Section XII below.

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XII.

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WHO CAN HELP YOU WITH ADDITIONAL INFORMATION?
Any questions you have concerning this Settlement Notice, the Class Action, or the Class

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Claim should be directed to the Settlement Administrator, Epiq Class Action and Claims Solutions,

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Inc., at P.O. Box 4079, Portland, Oregon 97208-4079, phone: [phone]. All requests for more

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information, including a copy of the Settlement Agreement or the Motion, should be sent by first class

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mail to the address indicated above. Please include the case name, case number, and your name and
return address on any letters that you send.
While the Court has approved the sending of this Settlement Notice, it does not mean, and is
not intended to mean, that the Court has any opinion as to the claims or defenses asserted by the
parties in the Class Action.
PLEASE DO NOT TELEPHONE, SEND INQUIRIES, OR ADDRESS ANY QUESTIONS
ABOUT THE CASE TO LENDING 1ST MORTGAGE, LENDING 1ST MORTGAGE, LLC,
EMC MORTGAGE CORPORATION, THE CLERK OF THE COURT, OR THE JUDGE

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ASSIGNED TO THIS CASE.

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DATED: ___________

BERNS WEISS LLP
By:
Lee A. Weiss (admitted pro hac vice)
[e-mail]
626 RXR Plaza
Uniondale, New York 11556
Tel.: [phone]
Fax: [phone]
and
BERNS WEISS LLP
Jeffrey K. Berns (SBN 131351)
[e-mail]
20700 Ventura Blvd., Suite 140
Woodland Hills, CA 91364
Tel.: [phone]
Fax: [phone]
SPIRO MOORE LLP
J. Mark Moore (SBN 180473)
[e-mail]
11377 W. Olympic Blvd., 5th Floor
Los Angeles, CA 90064
Tel.: [phone]
Fax: [phone]
WILLIAMS CUKER BEREZOFSKY
Mark R. Cuker (admitted pro hac vice)

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[e-mail]
Michael J. Quirk (admitted pro hac vice)
[e-mail]
1515 Market Street, Suite 1300
Philadelphia, PA 19102
Tel.: [phone]
Fax: [phone]

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ARBOGAST BOWEN LLP
David M. Arbogast (SBN 167571)
[e-mail]
Chumahan B. Bowen (SBN 238168)
[e-mail]
11400 W. Olympic Blvd., 2nd Floor
Los Angeles, CA 90064
Tel.: [phone]
Fax: [phone]
SMOGER & ASSOCIATES
Gerson H. Smoger (SBN 79196)
[e-mail]
Steven M. Bronson (SBN 246751)
[e-mail]
3175 Monterey Blvd
Oakland, CA, 94602-3560
Tel.: [phone]
Fax: [phone]
SEEGER WEISS LLP
Christopher A. Seeger (admitted pro hac vice)
[e-mail]
77 Water Street, 26th Floor
New York, NY 10005
Tel.: [phone]
and
SEEGER WEISS LLP
Jonathan Shub (SBN 237708)
[e-mail]
1818 Market Street, 13th Floor
Philadelphia, PA 19103
Tel.: [phone]
Attorneys for Plaintiffs and the Class

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Notice of Proposed Settlement and Final Approval Hearing - 4:07-cv-04485-CW