Judge: Randall J. Sherman, Case: 2021-01200991, Date: 2023-07-28 Tentative Ruling

The tentative ruling is to continue the hearing on plaintiff’s Motion for Preliminary Approval of Class Action Settlement to October 27, 2023 at 10:00 a.m.  Counsel must file supplemental papers addressing the court’s concerns at least 16 days before the next hearing date.  Counsel must provide a red-lined version of any revised papers.

Despite two prior Minute Orders informing plaintiff’s counsel of this issue, the class notice STILL fails to inform class members in either §3.6 or §6 of the class notice, let alone in both sections, that an Opt-Out Form the class members may use is attached to or is being provided with the class notice.  To the contrary, both those sections suggest that class members must create their own letters to opt out.

Plaintiff is ordered to give notice to defense counsel unless notice is waived.