Zoerb v. National Collegiate Student Loan Trust 2006-3 et al

Filing 33

ORDER Granting 32 Joint Motion to Appoint Special Master. Judge Hoffman is appointed as a Special Master in this case to oversee all settlement negotiations. Signed by Judge Cynthia Bashant on 6/23/15. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No. 14-cv-468-BAS (KSC)

DAWN ZOERB, individually and on
behalf of others similarly situated,
Plaintiffs,

ORDER GRANTING JOINT
MOTION TO APPOINT SPECIAL
MASTER

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v.

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[ECF 32]

LAW OFFICES OF PATENAUDE
& FELIX, A.P.C., et al.,

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Defendants.

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Pending before the Court is the parties’ joint motion to appoint the Honorable

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Herbert B. Hoffman, California Superior Court Judge (Ret.) as special master under

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Federal Rule of Civil Procedure 53. Having read and considered the moving papers,

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the good cause appearing, the Court GRANTS the motion (ECF 32) and order as

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follows:

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 Judge Hoffman is hereby appointed as a Special Master in this case to

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oversee all settlement negotiations; including overseeing and assisting
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14-cv-468 BAS (KSC)

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the parties in crafting an appropriate class definition, class-action

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notice, and injunction. Judge Hoffman shall also assist the parties in

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negotiations regarding the appropriate class member relief and

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attorneys’ fees.

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 Judge Hoffman shall preside over all necessary settlement meetings and

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issue any necessary reports and recommendations to the Court

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regarding the proposed class settlement.

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 Shortly after the Class Action Settlement Agreement is filed, and upon

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completion of any necessary settlement meetings, Judge Hoffman shall

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submit a report and recommendation to the Court regarding whether the

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Court should grant preliminary certification and approval per Fed. R.

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Civ. P. 23 to the agreed-upon class settlement.

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 Judge Hoffman shall be paid his standard fee at the conclusion of this

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matter. The parties shall pay all fees incurred by Judge Hoffman. In

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conjunction with his accepted responsibilities, Judge Hoffman will be

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free to communicate ex parte with the Court, or with any party,

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regarding the settlement of this matter. As appropriate, a record of all

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hearing and evidence before Judge Hoffman shall be maintained, just

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as if the parties were in open court.

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IT IS SO ORDERED.
Dated: June 23, 2015

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14-cv-468 BAS (KSC)