Shultz v. Hyatt Vacation Marketing Corporation et al

Filing 94

ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT AND AUTHORIZING NOTICE re 90 MOTION for Settlement Approval filed by Jeanne Shultz. Signed by Judge Lucy Koh on November 9, 2011. (jflc1, COURT STAFF) (Filed on 11/9/2011)

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Jeanne Shultz, individually, on behalf of others
similarly situated, and on behalf of the general
public,
Plaintiffs,

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vs.

Case No. 5:10-cv-04568-LHK
ORDER GRANTING MOTION
FOR PRELIMINARY APPROVAL OF
SETTLEMENT AND AUTHORIZING
NOTICE

Hyatt Vacation Marketing Corporation, Hyatt
Vacation Ownership, Inc. and DOES 1-50,
inclusive,
Defendants.

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ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT AND
AUTHORIZING NOTICE

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This matter comes before the Court on Plaintiff’s Unopposed Motion For Preliminary

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Approval of Settlement. Having reviewed the proposed Settlement Agreement, and the parties’

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arguments regarding the same, the Court hereby GRANTS Plaintiff’s request for Preliminary

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Approval of the Settlement Agreement. The Court further CERTIFIES the California Class for

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the sole and limited purpose of implementing the terms of the Settlement Agreement, subject to

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this Court’s final approval, and APPOINTS Plaintiff’s Counsel as Class Counsel. The Court

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further APPOINTS Plaintiff Jeanne Shultz as the Class Representative. The Court finds on a

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preliminary basis that the proposed settlement is fair, reasonable and adequate as to the California

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Class. The Court further finds on a preliminary basis that the proposed settlement is a fair

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resolution of a bone fide dispute under the Fair Labor Standards Act.

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The Court further APPROVES the form and content of the Class Notice and Claim and

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Consent Form, and directs the Claims Administrator to distribute the Class Notice and the Claim

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and Consent Form as outlined in the Settlement Agreement. The parties are permitted to make

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non-substantive changes to the Class Notice. The Court further ORDERS the following timeline

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for administration of the settlement agreement:

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1.

Within fourteen days of date of this order, Defendants shall provide the Claims

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Administrator and Plaintiff’s Counsel with the information outlined in Paragraph 10(a) of

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the Settlement Agreement.

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2.

Within fourteen days of receiving the information in Paragraph 10(a) of the Settlement

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Agreement, the Claims Administrator shall distribute the Class Notice as outlined in the

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Settlement Agreement.

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3.

On April 5, 2012, the parties shall return before this Court for a final fairness

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hearing.

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IT IS SO ORDERED

__________________________

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Dated: November 9, 2011

Hon. Lucy H. Koh
United States District Court

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ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT AND
AUTHORIZING NOTICE