Judge: Peter Wilson, Case: 2019-01063918, Date: 2022-09-29 Tentative Ruling

Having considered the papers, including all supplemental papers, filed in connection with the unopposed Motion for Preliminary Approval of $140,000 Class Action Settlement, there continue to be issues with the proposed Order as follows:

1.    Plaintiff’s counsel’s contact information should be removed from the caption page.

2.    The proposed Order should include the requisite "recital "finding," and "order" language, including adequate information to provide clear instruction to the Settlement Administrator.

3.    The period between “2021” and “(“Settlement …”) should be removed. ROA 137, ¶2, p. 2, line 15.

4.    In the implementation schedule for the deadline for a Request for Exclusion, delete “extended by”. ROA 137, ¶7, p. 4, line 14. 

5.    In the implementation schedule for the deadline for Objections, delete “extended by”. ROA 137, ¶7, p. 5, line 5.

6.    In the implementation schedule for the deadline for Disputes, delete “extended by”. ROA 137, ¶7, p. 5, line 16.

7.    In the implementation schedule, the deadline to file and serve the Motion for Final Approval is 16 court days prior to the hearing on the Motion for Final Approval. ROA 137, ¶7, p. 5, line 22. Plaintiff’s counsel must file all exclusions, objections and disputes, and any related papers and documentation, and the Settlement Administrator must provide an estimated high and low for individual settlement payments, along with Plaintiff’s individual payouts, with the moving papers in support of the Motion for Final Approval.

8.    The parties should propose a date for the hearing on the Motion for Final Approval. Final approval hearings are held on Thursdays at 2:00 p.m. in this department.

Plaintiff is ordered to submit a proposed Order, and a redlined proposed Order, consistent with the issues identified above within 5 court days. If these issues are resolved to the satisfaction of the Court, the Court will GRANT the Motion subject to the following:

$ 5,000.00 for Plaintiff’s enhancement (not to exceed); 

$ 46,666.66 for Attorney’s fees, which is 33 1/3% of the gross settlement amount (not to exceed); 

$ 20,000.00 for litigation costs (not to exceed); and 

$ 14,900.00 for Settlement Administrator’s Fees and Costs (not to exceed).

Plaintiff is ordered to give notice.