UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
February 3, 2011
SHAWN BLOUIN, INDIVIDUALLY AND ON BEHALF OF OTHER PERSONS SIMILARLY SITUATED, PLAINTIFF,
COMCAST CORP. AND DOES 1-50, CLASS; DEFENDANTS.
The opinion of the court was delivered by: Hon. Maria-elena James United States Magistrate Judge
Spiro Moss llp
1.CONDITIONALLY CERTIFYING SETTLEMENT
2.PRELIMINARILY APPROVING PROPOSED SETTLEMENT;
3.APPROVING NOTICE TO CLASS; AND
4.SETTING HEARING FOR FINAL APPROVAL OF SETTLEMENT
TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD:
Plaintiff Shawn Blouin ("Plaintiff") and Defendant Comcast Corp. ("Defendant") (collectively as "the Parties") have reached terms of settlement for a putative class action.
Action Settlement in which the Parties stipulate to the preliminary approval of the 3 settlement as set forth in the Joint Stipulation of Class Action Settlement and 2011 (see Stipulation for Preliminary Approval Of Class Action Settlement, at Exh.
The Settlement Agreement between the Parties provides that the
stipulate to certification of a Class for settlement purposes only.
Capitalized terms in this Order shall have the same meaning as in the
After reviewing the Stipulation for Preliminary Approval of Class Action
Settlement, the Settlement Agreement, the proposed Notice of Class Action and The Parties have entered into a Stipulation for Preliminary Approval of Class Release ("Settlement Agreement") fully executed by the Parties on January 20, 1). Agreement is conditioned upon, among other things, the Court's approval.
Agreement unless indicated otherwise.
Pending Settlement ("Class Notice"), and other related documents, IT IS
1. The Court preliminarily finds that the proposed class satisfies the requirements of a settlement class under Rule 23 of the Federal Rules of Civil Class is so numerous that joinder of all Class Members is impracticable, there are 20 20 20 questions of law or fact common to the Class, the claims of Plaintiff are typical of 21 21 21 the claims of the Class; and Plaintiff will fairly and adequately protect the interests 22 22 22 of the Class. The requirements of Rule 23(b) are satisfied because questions of law 23 23 23 or fact common to Class Members predominate over any questions affecting only 24 24 24 individual Class Members.
criteria for preliminary settlement approval. The Settlement falls within the range 27 27 27 of possible approval as fair, adequate and reasonable, and appears to be the product 28 28 28 of arm's-length and informed negotiations and to treat all Class Members fairly.
HEREBY ORDERED AS FOLLOWS:
Procedure. The requirements of Rule 23(a) are satisfied because the proposed
2. The parties' Settlement is granted preliminary approval as it
individual notices will be mailed to all Class Members whose
identities are known 3 to the parties, and such notice is the best
notice practicable. The parties' proposed
B) are sufficient to inform Class Members of the terms of the
Settlement, their 6 rights under the Settlement, their rights to
object to the Settlement, their right to 7 receive a payment under the
Settlement or elect not to participate in the Settlement, 8 and the
processes for doing so, and the date and location of the final
approval 9 hearing and are therefore approved.
purpose of entering a settlement in this matter:
Executive at Comcast call centers in the State of California at any time between September 17, 2004 through August 1, 2010.
5. Class Members will receive a settlement payment only if they
timely and proper Claim Form. In accordance with the
Settlement Agreement, a
Claim Form must be submitted within 45 days after mailing of the Class
Notice by 18 18 18 the Claims Administrator.
timely and valid written request to be excluded from the Settlement within 45 days after mailing of the Class Notice by the Claims Administrator or in accordance with the terms of the Settlement Agreement.
Settlement with respect to any terms of the Settlement, including attorneys' fees 25 25 25 and costs, shall have 45 days after mailing of the Class Notice by the Settlement
8. Simpluris, Inc. is appointed to act as the Claims Administrator, pursuant to the terms set forth in the Settlement Agreement.
3. The parties' proposed notice plan is constitutionally sound because Class Notice (Settlement Agreement, Exh. A), and proposed Claim Form (id., Exh. 5
4. The following persons are certified as Class Members solely for the
All individuals employed in the position of Customer Account
6. Class Members will be bound by the Settlement unless they submit a
7. Any Class Member who wishes to comment on or object to the Administrator to submit his or her comment or objection.
Spiro, H. Scott Leviant and Linh Hua of Spiro Moss LLP are appointed Class 3
10. Defendant is directed to provide the Class Data to the Claims
Administrator not later than 7 days after the date of this Order, in accordance with 6 the Settlement Agreement. 7
Notice and Claim Form by first-class mail to the Class Members not later than 21 9 days after receipt of the Class Data in accordance with the Settlement Agreement.
Courtroom B , 2011] to determine whether the Settlement should be 12 12 12 granted final approval as fair, reasonable, and adequate as to the Class Members.
At that time, the Court will hear all evidence and arguments necessary to evaluate 14 14 14 the Settlement, and will consider Plaintiff's request for the Class Representative Enhancement Award and Class Counsel's request for an award of Attorney's Fees 16 16 16 and Costs. Class Members and their counsel may support or oppose the Settlement and the motion for awards of the Class Representative Enhancement Award and 18 18 18
Attorney's Fees and Costs, if they so desire, in accordance with the procedures set forth in the Class Notice.
final approval hearing in person or by his or her own attorney, and show cause why 22 22 22 the Court should not approve the Settlement, or object to the motion for awards of 23 23 23 the Class Representative Enhancement Award and Attorney's Fees and Costs. For 24 24 24 any comments or objections to be considered at the hearing, the Class Member 25 25 25 must submit a written objection in accordance with the deadlines set forth in the 26 26 26
9. Plaintiff Shawn Blouin is appointed the Class Representative. Ira
11. The Claims Administrator is directed to mail the approved Class
12. A final approval hearing will be held on July 14, 2011 at 10:00 a.m.,
13. As set forth in the Settlement, any Class Member may appear at the
14. The Court reserves the right to continue the date of the final approval
2 hearing without further notice to Class Members. The Court retains jurisdiction to 3 consider all further applications arising out of or in connection with the Settlement. 4 5
IT IS SO ORDERED.
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