Judge: Randall J. Sherman, Case: 2020-01152256, Date: 2022-10-07 Tentative Ruling

The tentative ruling is to continue the hearing on plaintiffs’ Motion for Final Approval of Class Action Settlement; Fees, Costs, Administration Expenses, and Enhancement to January 13, 2023 at 10:00 a.m.  Counsel must file supplemental papers addressing the court’s concerns (not fully revised papers that would have to be re-read) at least 16 days before the next hearing date.

The Administrator’s declaration is dated September 9, 2022, which is before the September 19, 2022 deadline for responses to the Class Notice.  An updated declaration with full information after all deadlines have passed is required.

Plaintiffs do not provide any information as to how attorneys’ fees will be split between the two firms representing plaintiffs and the class.  Plaintiffs must disclose the proposed split so that the court can approve separate attorneys’ fees awards.  Plaintiffs’ counsel asserted that they would provide this information at the final approval stage (Flott ROA 96, Vahdat Dec. ¶18), but they have not done so.

An invoice from the Administrator is required to support the $9,000 Administrator fee request.

The [Proposed] Order and Judgment (not Judgement) Granting Final Approval of Class Action Settlement must be amended to identify all putative class members who opted out and thus will not be bound by the judgment.

Counsel should propose a realistic Final Report Hearing date, taking into account the time deadlines associated with funding the settlement, mailing distributions, allowing the check-cashing deadline to pass, and depositing uncashed check funds pursuant to the terms of the settlement agreement.  The court usually sets these hearings nine months after settlement approval if the check cashing deadline is 180 days.  The parties must report to the court the total amount that was actually paid to the class members.  All supporting papers must be filed at least 16 days before the Final Report Hearing date.

Plaintiffs are ordered to give notice of the ruling to the LWDA and to defendant.