Hopkins et al v. Stryker Sales Corporation

Filing 53

ORDER REGARDING EDITS TO SETTLEMENT AGREEMENT, NOTICE OF PROPOSED CLASS ACTION SETTLEMENT, AND NOTICE OF ANTICIPATED SETTLEMENT SHARE. Signed by Judge Lucy H. Koh on Novembe 20, 2012. (lhklc1, COURT STAFF) (Filed on 11/20/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 10 JOHN HOPKINS, BRODY PUCKETT, on Case No. CV 11-02786 LHK behalf of themselves, individually, and all 11 others similarly situated, Plaintiffs, CLASS ACTION 12 13 v. STRYKER SALES CORPORATION, a 14 Michigan Corporation; and DOES 1 to 100, 15 ORDER REGARDING EDITS TO SETTLEMENT AGREEMENT, NOTICE OF PROPOSED CLASS ACTION SETTLEMENT, AND NOTICE OF ANTICIPATED SETTLEMENT SHARE inclusive, Defendants. 16 17 18 As discussed at the November 20, 2012 preliminary fairness hearing on the proposed 19 settlement in this action, the Court asks that the Parties take the following actions by Friday, 20 December 7, 2012: 21 1. In the opening paragraph of the Settlement Agreement, after “on behalf of the 22 certified class”, the parties will insert the following: “(as described in Paragraph 2)”. 23 2. The parties will modify the Settlement Agreement (ECF No. 45, Ex. A) so that the 24 term “Settlement Class Members” explicitly excludes the 20 potential class members who excluded 25 themselves from participation in the certified class. The parties will also revise the remaining 26 portions of the Settlement Agreement to refer to “Settlement Class Members” rather than “Class 27 Members” where a reference to “Settlement Class Members” is appropriate. The paragraphs of the 28 1 Case No.: 11-CV-2786-LHK ORDER REGARDING EDITS TO SETTLEMENT AGREEMENT, NOTICE OF PROPOSED CLASS ACTION SETTLEMENT, AND NOTICE OF ANTICIPATED SETTLEMENT SHARE 1 Settlement Agreement that should be revised include 19 and 27. Additionally, the parties should 2 review Paragraphs 17, 18, 21, 22, 25, 26, 31, and 42 to determine whether those paragraphs should 3 be modified as well. 4 3. The parties will revise Paragraph 5 of the Settlement Agreement to include the 5 underlined text: “Pursuant to the Court’s Order, notice of the certification of the class was 6 disseminated to class members via United States Mail. Of the possible 113 class members, 19 7 excluded themselves from participation in the certified class in a timely manner. One additional 8 class member requested that he be excluded from participation in the certified class after the 9 deadline for exclusion had passed. The parties mutually agreed that this class member should be 10 excluded notwithstanding his failure to make a timely request. The remaining class which will 11 participate in this settlement consists of 95 individuals.” 12 4. The parties will revise the Notice of Proposed Class Action Settlement (“Notice”) to 13 provide that a Settlement Class Member wishing to present an objection must file his objection with 14 the Settlement Administrator. 15 5. The parties will modify page 2 of the Notice, Section I, to state, within the first two 16 paragraphs, that one of the purposes of the Notice is to inform the Settlement Class Members that a 17 settlement has been reached and that the Settlement Class Members may be entitled to a portion of 18 the settlement proceeds. 19 6. On page 4 of the Notice, Section VII, after “to each class representative for their 20 efforts in the litigation”, the parties will insert the following text: “. The $4,250,000 also includes 21 attorneys’ fees, the amount of which will be determined by the Court and will in no event be more 22 than one-third of the Settlement Fund, and costs expended by Class Counsel as approved by the 23 Court.” 24 7. On page 1 of the Notice of Anticipated Settlement Share, after “$______________”, 25 the parties will insert the following text: “This is your anticipated share of the Net Settlement Fund, 26 which is the gross settlement amount of $4.25 million minus the expenses related to the Settlement 27 Administrator (which are anticipated to be no more than $10,000), $7,500 enhancement awards for 28 2 Case No.: 11-CV-2786-LHK ORDER REGARDING EDITS TO SETTLEMENT AGREEMENT, NOTICE OF PROPOSED CLASS ACTION SETTLEMENT, AND NOTICE OF ANTICIPATED SETTLEMENT SHARE 1 each of the two class representatives, the Court approved attorneys’ fees (which will be no more than 2 one-third of the gross settlement amount), and the Court approved costs.” 3 4 IT IS SO ORDERED. 5 Dated: November 20, 2012 6 Hon. Lucy Koh United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case No.: 11-CV-2786-LHK ORDER REGARDING EDITS TO SETTLEMENT AGREEMENT, NOTICE OF PROPOSED CLASS ACTION SETTLEMENT, AND NOTICE OF ANTICIPATED SETTLEMENT SHARE

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