Jacobson v. Persolve, LLC et al

Filing 137

ORDER RE PRELIMINARY APPROVAL. Signed by Judge Lucy H. Koh on February 11, 2016. (lhklc1, COURT STAFF) (Filed on 2/11/2016)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION United States District Court Northern District of California 11 12 SANDRA LEE JACOBSON, Plaintiff, 13 14 15 16 Case No. 14-CV-00735-LHK ORDER RE PRELIMINARY APPROVAL v. PERSOLVE, LLC, et al., Defendants. 17 18 In a proposed class action settlement, the class must have an opportunity to object to class 19 counsel's motion for attorney's fees and costs before the Court grants final approval of the class 20 action settlement. Thus, the motion for attorney's fees and costs must be heard at the same time as 21 the motion for final approval of class action settlement. In the instant case, the parties' Second 22 Amended Class Action Settlement Agreement, which was filed on February 11, 2016, provides for 23 the filing of the Motion for Attorney's Fees and Costs within 30 days after final approval of the 24 class action settlement and the Court's entry of final judgment. ECF No. 135-2 ΒΆ 18. The Court 25 cannot preliminarily approve this settlement. If the parties wish to file a second amended joint 26 motion for preliminary approval of class action settlement, they must do so by 1 p.m. on Friday, 27 February 12, 2016. Otherwise, the hearing on the Amended Joint Motion for Preliminary 28 1 Case No. 14-CV-00735-LHK ORDER RE PRELIMINARY APPROVAL 1 Approval of Class Action Settlement will proceed as scheduled on Friday, February 12, 2016 at 2 3:30 p.m. 3 IT IS SO ORDERED. 4 5 Dated: February 11, 2016 ______________________________________ LUCY H. KOH United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 14-CV-00735-LHK ORDER RE PRELIMINARY APPROVAL

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