Judge: Randall J. Sherman, Case: 2021-01186578, Date: 2022-10-28 Tentative Ruling

The tentative ruling is to continue the hearing on plaintiff’s Motion for Final Approval of Class Action Settlement to January 27, 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 gross settlement amount for which the parties seek approval is unclear.  The administrator’s declaration and paragraph 4 of plaintiff’s counsel’s declaration state that due to the escalator clause in the settlement agreement, the new gross settlement amount is $524,034.91.  Yet plaintiff’s breakdown of distributions, the motion papers and the proposed order state that the new gross settlement amount is $514,338.87.  The parties must clarify which amount is correct.

Plaintiff has not submitted his attorneys’ bills or a detailed hourly breakdown of his attorneys’ hours to support the court’s review of plaintiff’s attorneys’ fees request.  Plaintiff is required to provide sufficient information to support the court’s lodestar cross-check of the fee request.

There is no declaration from plaintiff supporting his request for an enhancement award of $7,500.

There is a typographical error in paragraph 16e of the Proposed Order.  It should state that the LWDA is to receive a payment of $37,500.00, not $37,50000.

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.

Plaintiff is ordered to give notice of the ruling to defense counsel unless notice is waived.