Evangeline Red et al v. Unilever United States, Inc. et al, No. 5:2010cv00387 - Document 135 (N.D. Cal. 2010)

Court Description: ORDER SETTING HEARINGS ON PRELIMINARY APPROVAL FOR CLASS SETTLEMENT re 134 Special Masters Order. the Court finds good cause to set a new schedule for the approval of the parties' revised settlement. The parties shall comply with the following schedule: (1) On or before February 18, 2011, the parties shall submit their revised Joint Motion for Preliminary Approval of Class Settlement and Proposed Order. (2) The Court sets March 7, 2011 at 9 a.m. as the hearing date for the Preliminary App roval of Class Settlement. (3) The Court sets June 20, 2011 at 9 a.m. as the hearing date for the Final Approval of Class Settlement. In their Proposed Order for Preliminary Approval, the parties shall use this date as a bench mark for all other date s. (4) On or before June 6, 2011, the parties shall submit their Motion for Final Approval of Class Settlement and any accompanying Motions for Attorney Fees, and Proposed Final Judgment. None of the dates set in this Order may be changed without an Order of the Court made after a motion is filed pursuant to the Civil Local Rules of Court. Signed by Judge James Ware on 12/20/2010. (ecg, COURT STAFF) (Filed on 12/20/2010)
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Evangeline Red et al v. Unilever United States, Inc. et al Doc. 135 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 SAN JOSE DIVISION 8 Evangeline Red, et al., 9 11 For the Northern District of California United States District Court 10 NO. C 10-00387 JW ORDER SETTING HEARINGS ON PRELIMINARY APPROVAL FOR CLASS SETTLEMENT Plaintiffs, v. Unilever PLC, et al., 12 Defendants. / 13 14 15 16 Presently before the Court is the Special Master’s Report Number One. (Docket Item No. 134.) On November 16, 2010, the Court denied the parties’ Joint Motion for Preliminary Approval 17 of Class Settlement. (hereafter, “November 16 Order,” Docket Item No. 132.) In its November 16 18 Order, the Court expressed concern regarding, inter alia, the waiver of certain damages claims and 19 need for opt-out in a Federal Rule of Civil Procedure 23(b)(2) injunctive class where the proposed 20 class received no monetary relief. (November 16 Order at 1.) Accordingly, the Court referred the 21 parties to a Special Master to negotiate a revised settlement to address the Court’s concerns. (Id.) 22 On December 16, 2010, the Special Master filed Report Number One, in which the Special Master 23 outlined the terms of the parties’ revised settlement and recommended setting new hearing dates. 24 (Docket Item No. 134 at 2.) 25 26 Accordingly, the Court finds good cause to set a new schedule for the approval of the parties’ revised settlement. The parties shall comply with the following schedule: 27 28 Dockets.Justia.com 1 (1) 2 3 for Preliminary Approval of Class Settlement and Proposed Order. (2) 4 5 On or before February 18, 2011, the parties shall submit their revised Joint Motion The Court sets March 7, 2011 at 9 a.m. as the hearing date for the Preliminary Approval of Class Settlement. (3) The Court sets June 20, 2011 at 9 a.m. as the hearing date for the Final Approval of 6 Class Settlement. In their Proposed Order for Preliminary Approval, the parties shall 7 use this date as a bench mark for all other dates. 8 9 11 For the Northern District of California United States District Court 10 12 (4) On or before June 6, 2011, the parties shall submit their Motion for Final Approval of Class Settlement and any accompanying Motions for Attorney Fees, and Proposed Final Judgment. None of the dates set in this Order may be changed without an Order of the Court made after a motion is filed pursuant to the Civil Local Rules of Court. 13 14 Dated: December 20, 2010 15 JAMES WARE United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: 2 Elizabeth Lee Beck elizabeth@beckandlee.com Gregory Steven Weston greg@westonfirm.com Janelle Jad Sahouria jsahouria@mofo.com Jared Harrison Beck jared@beckandlee.com John Joseph Fitzgerald jack@westonfirm.com Michael Robert Reese michael@reeserichman.com William Lewis Stern wstern@mofo.com 3 4 5 6 7 Dated: December 20, 2010 Richard W. Wieking, Clerk 8 By: 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ JW Chambers Elizabeth Garcia Courtroom Deputy