Judge: Lon F. Hurwitz, Case: 2019-01060073, Date: 2023-01-06 Tentative Ruling

Motion for Final Approval

On September 27, 2022, the Court granted the Motion for Preliminary Approval of the Class Action Settlement (ROA 27). In the Order, the Court specifically stated that the Motion for Final Approval “shall” be filed by December 22, 2022. (Id. at ¶ 13.) Counsel failed to timely file the motion pursuant to this Court’s Order.

The Final Approval Hearing is CONTINUED to April 21, 2023 at 1:30 p.m. in Department CX103, to permit Counsel to submit a timely motion for final approval of the Settlement and for Class Counsel Award, Enhancement Payment, and Settlement Administration Costs, along with the appropriate declarations and supporting evidence, including the Settlement Administrator’s declaration. The motion shall be filed by April 7, 2023, to be heard at the Final Approval Hearing. The court has continued the hearing to the first available date. There are no earlier dates available. If counsel is unable to meet the Court-ordered date, counsel is expected to request relief from the Court ahead of the filing deadline.

A proposed order shall be filed with the motion and must include the following:

1. A method for the Administrator to inform the class of the final judgment, per Cal. Rules of Court, rule 3.771(b).

2. A date for final accounting and if applicable, final distribution of residual funds.

3. Identification of the ROA of the declaration to which the final Settlement Agreement is attached.

4. A statement that Plaintiff shall submit a copy of the Order and Judgment to the LWDA within ten calendar days after entry of the Order and Judgment.

The proposed order must not include dismissal of the matter.

The Court also sets an OSC re: sanctions for counsel’s failure to comply with a Court Oder for April 21, 2023 at 1:30 p.m. in Department CX103.