McMillion et al v. Rash Curtis & Associates

Filing 392

ORDER by Judge Yvonne Gonzalez Rogers granting 387 Motion to Advance the Hearing Date on the Motion to Approve the October 11, 2019 Assignment; granting 386 Motion to Approve the October 11, 2019 Assignment. (fs, COURT STAFF) (Filed on 10/25/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IGNACIO PEREZ,
Plaintiff,

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v.

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RASH CURTIS & ASSOCIATES,
Defendant.

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United States District Court
Northern District of California

Case No. 16-cv-03396-YGR
ORDER GRANTING MOTION TO ADVANCE
HEARING DATE AND MOTION TO APPROVE
THE OCTOBER 11, 2019 ASSIGNMENT
Re: Dkt. Nos. 386, 387

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The Court telephonically conferred with the parties on October 21, 2019. (See Dkt.

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No. 391.) The parties confirmed during this conference that defendant would not file an

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opposition with the Court on either the Motion to Approve the October 11, 2019 Assignment,

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(Dkt. No. 386) or to the Motion to Advance the Hearing Date on the Motion to Approve the

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October 11, 2019 Assignment. (Dkt. No. 387.) Any opposition to the Motion to Approve the

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October 11, 2019 Assignment under an advanced hearing date would have been due by October

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22, 2019. No such responses were received.

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Therefore, upon consideration of the parties’ responses at the October 21, 2019 telephone

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conference and that no such opposition or objection was received, the Court advances the hearing

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date on the Motion to Approve the October 11, 2019. In light of no stated or received opposition

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and for the reasons stated in the Motion to Approve the October 11, 2019 Assignment, the Court

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finds it appropriate to approve the October 11, 2019 assignment, and further concludes that no

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hearing on the Motion to Approve the October 11, 2019 Assignment is necessary. See Civil Local

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Rule 7-1(b) (“In the Judge’s discretion . . . a motion may be determined without oral argument.”).

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Accordingly, the Court GRANTS the Motion to Advance the Hearing Date and GRANTS the

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Motion to Approve the October 11, 2019 Assignment pursuant to Fed. R. Civ. P. 23(d)(1)(C),

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subject to two conditions:

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(1) Plaintiff, through Class Counsel, shall promptly notify the Court of the recovery, if
any, obtained on behalf of Class Members as a result of the Assignment; and
(2) Any recovery obtained as a result of the Assignment shall be held in trust until this

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Court approves a fair, reasonable, and adequate method for distributing the proceeds of

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the recovery to Class Members.

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United States District Court
Northern District of California

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This Order terminates the motions at Docket 386 and 387.
IT IS SO ORDERED.
Dated: October 25, 2019

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YVONNE GONZALEZ ROGERS
United States District Judge

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