Judge: Randall J. Sherman, Case: 2021-01217507, Date: 2023-07-28 Tentative Ruling

The tentative ruling is to continue the hearing on plaintiff’s Motion for Final Approval of Class Action Settlement to October 27, 2023 at 10:00 a.m.  Counsel is ordered to 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.

At the last hearing the court noted that the parties originally estimated that there were 145 class members, but the administrator contacted only 126 class members.  The court required an explanation.  In response, plaintiff cited the de-escalator clause in ¶47 of the settlement agreement and asserted that based on that provision, there was a reduction in the number of class members.  However, plaintiff has not asserted, let alone shown, that the condition precedent for the decrease in class size, i.e., a greater than 10% increase in workweeks from 6,942, occurred.

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