Labriola v. Bank of America, National Association

Filing 62

ORDER RE: AMENDED SETTLEMENT AGREEMENT AND PROPOSED AMENDED ORDER GRANTING PRELIMINARY APPROVAL. Signed by Judge Claudia Wilken on 8/27/2013. (ndr, COURT STAFF) (Filed on 8/27/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JOHN ROBERT LABRIOLA, on behalf
of himself and those similarly
situated,

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Plaintiff,

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v.

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BANK OF AMERICA, NATIONAL
ASSOCIATION; MERRILL LYNCH,
PIERCE, FENNER & SMITH INCORP.;
BANK OF AMERICA CORPORATION; and
Does 3-50, inclusive,

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ORDER RE: AMENDED
SETTLEMENT
AGREEMENT AND
PROPOSED AMENDED
ORDER GRANTING
PRELIMINARY
APPROVAL

Defendants.

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United States District Court
For the Northern District of California

No. C 12-79 CW

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________________________________/
On June 6, 2013, the Court preliminarily approved the

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settlement of this case.

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deadline of July 8, 2013 for the Class Notice to be mailed out.

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After that deadline, on July 17, 2013, the parties filed a

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stipulation requesting a case management conference to discuss

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their discovery of an undisclosed issue regarding the settlement.

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On July 22, 2013, the Court ordered the parties to file further

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papers regarding the status of settlement.

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Among other things, the Court set a

On July 24, the parties filed briefs describing discrepancies

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between the database of potential class members provided by

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Defendant to Plaintiff prior to settlement and the database of

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potential class members provided by Defendant to the settlement

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administrator.

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allow them until August 7, 2013 to file a stipulation to amend the

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settlement agreement and the Court’s preliminary approval order.

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The parties filed a joint request that the Court

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On August 7, 2013, the parties filed an amended settlement

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agreement and a proposed amended order granting preliminary

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approval of the class action settlement.

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Class Period has been shortened.

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2, 2008 through the date the Court granted preliminary approval.

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In the amended documents, the Class period runs from December 2,

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2008 through December 31, 2011.

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fund has been reduced from $2,900,000 to $2,775,000.

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have provided no explanation for these changes.

United States District Court
For the Northern District of California

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In those documents, the

It previously ran from December

In addition, the total settlement
The parties

Within five days of the date of this order, the parties shall

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file a joint letter brief explaining why these changes were made

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and how they affect (1) those individuals who would still be in

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the class if the amended settlement is approved and (2) those

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individuals who would have been a part of the class under the old

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definition, who would no longer be part of the class if the

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amended settlement is approved.

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IT IS SO ORDERED.

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Dated: 8/27/2013

CLAUDIA WILKEN
United States District Judge

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