Chavez et al v. Lumber Liquidators, Inc.

Filing 173

ORDER re 159 MOTION for Preliminary Approval of Amended Class Action Settlement. Signed by Judge Claudia Wilken on 2/17/17. (jebS, COURT STAFF) (Filed on 2/17/2016)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 CRELENCIO CHAVEZ, et al., 6 7 8 Plaintiffs, United States District Court For the Northern District of California ORDER v. LUMBER LIQUIDATORS, INC., 9 10 No. C 09-4812 CW Defendant. ________________________________/ 11 12 On February 10, 2016, the parties filed their Joint 13 Stipulation of Class Action Settlement. 14 the Class Notice states, "These claims are only released to the 15 extent that they relate to (a)-(d) listed above." 16 at 40. 17 definition in the Proposed Settlement. 18 Settlement releases "any and all claims arising under any 19 applicable California Industrial Welfare Commission Wage 20 Order(s)," ΒΆ 2.23, which the Class Notice does not disclose. 21 The release portion of Docket No. 172 This sentence does not appear in the "Released Claims" Further, the Proposed The Court assumes these inconsistencies are inadvertent. 22 Within one week of the filing of this order, the parties shall 23 make consistent the Class Notice and the Proposed Settlement or 24 explain their position. 25 Further, the timeline for class counsel to file its 26 attorneys' fees motion does not permit objectors enough time to 27 review the motion. 28 Irrespective of the Proposed Settlement, the 1 Court will and does order class counsel to file its motion 2 fourteen days before the objection deadline. 3 IT IS SO ORDERED. 4 5 6 Dated: February 17, 2016 CLAUDIA WILKEN United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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