Swain v. CACH, LLC et al

Filing 91

SETTING DEADLINE TO SELECT THIRD-PARTY CLASS ADMINISTRATOR, SUBMIT AMENDED PROPOSED ORDER, AND SELECT DATE FOR HEARING ON FINAL APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT. The parties shall select an independent third-party Class Administrator on or before 4/16/2010. The parties shall submit to the Court an Amended Proposed Order due on or before 4/19/2010. Motion Hearing re Final Approval of Class Action Settlement set for 6/28/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 4/13/2010. (ecg, COURT STAFF) (Filed on 4/13/2010)

1 2 3 4 5 6 7 8 9 10 Juanita Swain, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-05562 JW ORDER SETTING DEADLINE TO SELECT THIRD-PARTY CLASS ADMINISTRATOR, SUBMIT AMENDED PROPOSED ORDER, AND SELECT DATE FOR HEARING ON FINAL APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT

United United States District Court

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For the Northern District of California

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CACH, LLC, et al., Defendants. /

On April 12, 2010, the Court conducted a hearing on the parties' Joint Motion for Conditional Certification and Preliminary Approval of Class Action Settlement Agreement. (hereafter, "Joint Motion," Docket Item No. 78.) At the hearing, the Court expressed its concern with the parties' proposal that CACH act as Class Administrator, due to its potentially conflicting roles as a Defendant in the case and a party to the Settlement Agreement. Thus, the Court reserves its decision on the parties' Joint Motion until such time that the parties' are able to adequately address the Court's stated concern. Accordingly, the Court orders as follows: (1) On or before April 16, 2010, the parties shall select an independent third-party Class Administrator and shall allocate among themselves any costs associated with administrating the Settlement Agreement. (2) On or before April 19, 2010, the parties shall submit to the Court an Amended Proposed Order reflecting the new Class Administrator and allocation of costs, and

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fill in the hearing date for the anticipated Joint Motion for Final Approval of Class Action Settlement. The Court will make available to the parties June 28, 2010 at 9 a.m. or September 27, 2010 at 9 a.m. for the hearing. The parties shall include their preferred hearing date in the Amended Proposed Order.

Dated: April 13, 2010

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Kathleen Mary Kushi Carter [e-mail] Linda Luna [e-mail] Scott C. Maurer [e-mail] Stephen Alter Scott [e-mail] William Eric Kennedy [e-mail]

Dated: April 13, 2010

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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