Chacanaca et al v. The Quaker Oats Company

Filing 170

ORDER DENYING MOTION 169 TO VACATE HEARING, AND RESETTING HEARING DATE. Motion Hearing set for 2/6/2014 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 1/6/14. (cl, COURT STAFF) (Filed on 1/6/2014)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 11 For the Northern District of California United States District Court 10 12 IN RE QUAKER OATS LABELING LITIGATION 13 ORDER DENYING MOTION TO VACATE HEARING, AND RESETTING HEARING DATE 14 15 16 No. C 10-0502 RS ____________________________________/ Plaintiffs filed a motion for preliminary approval of a settlement agreement reached between 17 the parties, and set it for hearing on less notice than required by Civil Local Rule 7. The parties 18 subsequently moved jointly to vacate the hearing and to set a schedule for the remaining events in 19 the final settlement approval process. In consumer class actions such as this, it is generally the 20 Court’s preference to hold hearings at the preliminary approval stage, even where no impediment to 21 such approval is immediately apparent. While the standard for preliminary approval is liberal, 22 sufficiently detailed review of the settlement terms, the proposed notice plan, and similar matters 23 permits any minor issues to be identified and addressed prior to the expenditure of time and money 24 in giving notice to the class, and therefore can facilitate final approval. Accordingly, the request to 25 submit the matter without a hearing is denied, and the hearing will be continued to February 6, 2014 26 at 1:30 p.m. 27 28 NO. C 10-0502 RS ORDER 1 2 IT IS SO ORDERED. 3 4 5 6 Dated: 1/6/14 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NO. C 10-0502 RS ORDER 2

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