Yingling et al v. eBay, Inc.

Filing 215

ORDER REQUESTING REVISED FINAL APPROVAL ORDER AND JUDGMENT. Accordingly, on or before March 25, 2011, the parties shall file a Revised Proposed Final Order and Judgment adjusting the language in paragraph 15. Please see Order for further specifics as to Reviewd Proposed Order. Signed by Judge James Ware on March 24, 2011. (jwlc4, COURT STAFF) (Filed on 3/24/2011) Modified text on 3/24/2011 (ecg, COURT STAFF).

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Yingling et al v. eBay, Inc. Doc. 215 1 2 3 4 5 6 7 8 9 10 Brice Yingling, et al., Plaintiffs, v. For the Northern District of California IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-01733 JW ORDER REQUESTING REVISED FINAL APPROVAL ORDER AND JUDGMENT United States District Court 11 12 eBay, Inc., 13 Defendant. 14 15 16 17 18 19 20 21 22 23 24 25 Dated: March 24, 2011 26 27 28 JAMES WARE United States District Chief Judge / This matter is set for a Final Fairness Hearing on March 28, 2011. Upon review of the parties' submissions, the Court finds the Proposed Final Order and Judgment is insufficient. Specifically, the parties' designation of cy pres organizations set to receive the remaining balance of the Net Settlement Fund does not provide for Court approval of the nominated organizations prior to disbursement. Accordingly, on or before March 25, 2011, the parties shall file a Revised Proposed Final Order and Judgment adjusting the language in paragraph 15 as follows: Subject to Court approval, any balance remaining in the Net Settlement Fund at the end of the Distribution Plan (whether by reason of uncashed checks or otherwise) shall be disbursed pro rata to Stanford Law School, Southern Methodist Law School, the University of Texas Law School, the National Consumer Law Center, the United States Federal Trade Commission - Division of Marketing Practices, and Archive.org. Dockets.Justia.com 1 2 3 4 5 6 7 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Benjamin F Chapman bchapman@cooley.com James M. Penning jpenning@cooley.com Joseph Darrell Palmer darrell.palmer@cox.net Keith R Verges kverges@figdav.com Michael Graham Rhodes rhodesmg@cooley.com Parker D Young parker.young@figdav.com Raymond Earl Walker ray.walker@figdav.com Shawn Tenzing Leuthold leuthold@aol.com Whitty Somvichian wsomvichian@cooley.com Dated: March 24, 2011 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy 8 9 10 United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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