SCOVIL et al v. FEDEX GROUND PACKAGE SYSTEM INC

Filing 266

ORDER APPROVING DISSEMINATION OF NOTICE OF SETTLEMENT - The plaintiffs are to file their motion for final approval of the settlement and their application for an award of attorneys' fees and costs no later than 1/27/2014. By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
WAYNE SCOVIL,

ET AL.,

PLAINTIFFS
v.
FEDEX GROUND PACKAGE
SYSTEM, INC. d/b/a FedEx
Home Delivery,
DEFENDANT

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NO. 1:10-CV-515-DBH

ORDER APPROVING DISSEMINATION OF NOTICE OF SETTLEMENT
The plaintiffs’ counsel have filed a proposed Notice of Proposed of [sic]
Class Action Settlement1 (ECF No. 265-1) along with the signed Settlement
Agreement (ECF No. 265-2).
I find that the proposed Notice satisfies the requirements of Rule
23(c)(2)(B) by clearly and concisely stating in plain, easily understood language
(i) the nature of the action; (ii) the definition of the Class certified; (iii) the class
claims and issues; (iv) that a class member may enter an appearance through
an attorney if the member so desires; (v) that the Court will exclude from the
Class any member who requests exclusion; (vi) the time and manner for
requesting exclusion; and (vii) the binding effect of a class judgment on
members under Rule 23(c)(3).

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The title of the Notice should be changed to “Notice of Proposed Class Action Settlement.”

I hereby approve the Notice as set forth in the Notice of Proposed Class
Action Settlement. The Notice satisfies Rule 23(c)(2)(B) and due process
standards by providing individual notice to all identified class members.
I order class counsel to disseminate Notice to the Class with the following
dates to be provided for in the Notice:
Class members may object to the settlement and/or plaintiffs’
application for an award of attorneys’ fees and costs, in writing, in the
manner described in the Notice. Any objections must be postmarked no
later than February 10, 2014.
Class members may exclude themselves from the Class in the manner
described in the Notice. Written requests for exclusion must be
postmarked no later than January 24, 2014.
The hearing on the plaintiffs’ motion for final approval of the settlement
and the plaintiffs’ application for an award of attorneys’ fees and costs
will be held before this Court on February 24, 2014, at 9:00 a.m.
The plaintiffs are to file their motion for final approval of the settlement
and their application for an award of attorneys’ fees and costs no later than
January 27, 2014.
SO ORDERED.
DATED THIS 5TH DAY OF DECEMBER, 2013

D. Brock Hornby_________________
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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