Miller et al v. Basic Research et al

Filing 306

MEMORANDUM DECISION and ORDER denying 298 Motion for Preliminary Approval of Class Action Settlement; denying 299 Motion for Preliminary Approval of Class Action Settlement. The parties are directed to file a joint motion for preliminary approval of the settlement on or before January 5, 2015. Signed by Judge Ted Stewart on 12/23/2014. (blh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
PAMELA MILLER; RANDY HOWARD;
and DONNA PATTERSON; on behalf of
themselves and all others similarly situated,
MEMORANDUM DECISION AND
ORDER DENYING MOTIONS FOR
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT

Plaintiffs,
v.
BASIC RESEARCH, LLC; DYNAKOR
PHARMACAL, LLC; WESTERN
HOLDINGS, LLC; DENNIS GAY;
DANIEL B. MOWRY, Ph.D.; MITCHELL
K. FRIEDLANDER; and DOES 1 through
50,

Case No. 2:07-CV-871 TS
District Judge Ted Stewart

Defendants.

This matter is before the Court on Plaintiffs’ and Defendants’ Motions for Preliminary
Approval of Class Action Settlement. 1
As the Court has previously indicated, the Court will enforce the signed term sheet from
the September 2012 mediation conference, along with other provisions typically involved in
settlements of this type—for example, provisions releasing Defendants from liability, dismissing
the case, and so on. On March 22, 2013, the Court ordered the parties to file a joint motion for
preliminary approval of the settlement. The parties have not done so. The instant Motions
propose incomplete proposed settlement agreements. For example, Defendants’ proposal lacks
provisions that would clearly be needed, such as those described above. On the other hand,

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Docket Nos. 298, 299.

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Plaintiffs’ proposal also lacks details needed to move this suit forward, such as a proposed
notice.
Based on the foregoing, it is hereby
ORDERED that Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement
(Docket No. 298) is DENIED. It is further
ORDERED that Defendants’ Motion for Preliminary Approval of Class Action
Settlement (Docket No. 299) is DENIED.
The parties are directed to file a joint motion for preliminary approval of the settlement
on or before January 5, 2015.
DATED this 23rd day of December, 2014.
BY THE COURT:

Ted Stewart
United States District Judge

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