Filed January 26, 2016
Such “obvious deficiencies” may include an overbroad release, insufficient notice, inadequate form of payment, or a cy pres beneficiary without a sufficient connection to the class and underlying claims. E.g., Custom LED, LLC v. eBay, Inc, No. 12-CV-00350-JST, 2013 WL 6114379, at *7 (N.D. Cal. Nov. 20, 2013). Additionally, an attorneys’ fee provision may also be preliminarily evaluated as part of this inquiry, subject to final approval.
Filed September 15, 2015
The alternative to a single class action - numerous individual actions - would be inefficient and unfair. See, e.g., Custom Led, LLC v. eBay, Inc., 12-CV-00350-JST, 2013 WL 4552789 (N.D. Cal. 2013) (superiority Case 3:05-cv-00038-EMC Document 148 Filed 09/15/15 Page 40 of 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 33 - MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOT. FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, CERTIFICATION OF SETTLEMENT CLASS, AND SUPPLEMENTAL CLASS Case No. 3:05-cv-38 EMC L E O N A R D C A R D E R , L L P A T T O R N E Y S 1 3 3 0 B R O A D W A Y , S U IT E 1 4 5 0 O A K L A N D , C A 9 4 6 1 2 T E L : (5 1 0 ) 2 7 2 -0 1 6 9 F A X : (5 1 0 ) 2 7 2 -0 1 7 4 established because a “class action would achieve the resolution of the putative class members' claims at a lower cost and would reduce the likelihood of inconsistent determinations”).
Filed June 5, 2014
C 10-01089-SBA, 2013 WL 6700102, at *1-2 (N.D. Cal. Dec. 19, 2013) (granting preliminary approval to a proposed settlement that was revised by the parties after the denied preliminary approval); Fraley v. Facebook, Inc., No. CV-11-01726 RS, 2012 WL 6013427, at *1 (N.D. Cal. Dec. 3, 2012) (same); Custom LED, LLC v. eBay, Inc., No. 12-cv-00350-JST, 2013 WL 6114379, at *1 (N.D. Cal. Nov. 20, 2013) (same). Case5:11-cv-02509-LHK Document934 Filed06/05/14 Page13 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT: NO. 11-CV-2509-LHK V. Conclusion For the reasons set forth above, Class representative Michael Devine respectfully opposes the motion for preliminary approval of the proposed settlement.