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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CRELENCIO CHAVEZ, et al.,

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Plaintiffs,

United States District Court
For the Northern District of California

ORDER

v.
LUMBER LIQUIDATORS, INC.,

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No. C 09-4812 CW

Defendant.
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On February 10, 2016, the parties filed their Joint

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Stipulation of Class Action Settlement.

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the Class Notice states, "These claims are only released to the

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extent that they relate to (a)-(d) listed above."

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at 40.

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definition in the Proposed Settlement.

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Settlement releases "any and all claims arising under any

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applicable California Industrial Welfare Commission Wage

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Order(s)," ¶ 2.23, which the Class Notice does not disclose.

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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.

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Within one week of the filing of this order, the parties shall

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make consistent the Class Notice and the Proposed Settlement or

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explain their position.

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Further, the timeline for class counsel to file its

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attorneys' fees motion does not permit objectors enough time to

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review the motion.

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Irrespective of the Proposed Settlement, the

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Court will and does order class counsel to file its motion

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fourteen days before the objection deadline.

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IT IS SO ORDERED.

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Dated: February 17, 2016
CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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