United States District Court, Northern District of California
June 3, 2003
JACQUELINE CASTANEDA, ET AL., PLAINTIFFS,
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Susan Illston, United States District Judge
JUDGEMENT AND ORDER
This matter is before the Court, the Honorable Susan Illston, presiding, on joint motion by the parties, plaintiffs Jacqueline Castaneda, Raina Dyer, Justine Certeza, Eric Tandoc, Gregory McConnell, Jr., Oakland Imani Youth Council, California League of United Latin American Citizens, and the Kababayan Alliance (collectively, "Plaintiffs") and defendant The Regents of the University of California ("The Regents), to approve the attached Settlement Agreement ("Agreement") and proposed Consent Decree in full settlement of this action filed as a class action but never certified as such. The Court has read and considered the Agreement signed by the parties, the proposed Consent Decree, Notice of Joint Motion and Joint Motion for Approval of Settlement Agreement and Entry of Consent Decree; Memorandum and Points and Authorities in Support Thereof, and the record as a whole.
The Court finds that the Agreement and proposed Consent Decree are fair, reasonable and adequate and neither collusive nor prejudicial to would-be class members and approves them pursuant to Fed.R.Civ.P. 23(e). The Court also finds that Plaintiffs did not append class action allegations in an attempt to get favorable individual settlements, that no improper trade-offs prejudiced putative class members, and there is little or no possibility of prejudice to absent class members who refrained from filing their own suits in reliance on this litigation. Accordingly, the Court finds that notice to the putative class members in this pre-certification class action is not required. See Diaz v. Trust Territory of Pacific Islands, 876 F.2d 1401, 1408 (9th Cir. 1989).
The Settlement Agreement and Consent Decree attached hereto are approved and entered, respectively pursuant to Federal Rules of Civil Procedure 23(e) and 54, Plaintiffs are permitted to withdraw class claims without prejudice and without notice to the putative class and all claims against defendants William T. Bagley, Frank W. Clark, Jr., Ward Connerly, John Davies, S. Sue Johnson, Meredith J. Khachigian, Joanne Kozberg, Howard H. Leach, David S. Lee, Velma Montoya, S. Stephen Nakashima, Gerald L. Parsky, Peter Preuss, Tom Sayles, Richard Atkinson, and Robert Berdahl are dismissed with prejudice, leaving The Regents of the University of California as the remaining defendant.
IT IS HEREBY ADJUDGED AND ORDERED that the Settlement Agreement and Consent Decree agreed to by the parties in this matter are approved as a full settlement of the individual claims remaining in this action.
IT IS SO ADJUDGED AND ORDERED.
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