UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
August 29, 2011
HYATT VACATION MARKETING CORPORATION, ET AL.,
The opinion of the court was delivered by: Hon. Lucy H. Koh United States District Judge
ORDER REGARDING NOTICE OF WITHDRAWAL OF MOTION FOR CLASS CERTIFICATION
Plaintiffs have filed a Notice for Withdrawal of Class Certification. Because the Notice of Withdrawal was filed after 7 days after service of Defendants' Opposition papers, Plaintiffs' 17 motion is DENIED without prejudice. See Local R. 7-7(e).
However, the hearing date on Plaintiff's Motion for Class Certification currently set for September 1, 2011 is VACATED and RESET for Tuesday, November 8, 2011. Plaintiffs must 20 file the Motion for Preliminary Approval of Proposed Class Settlement and Notice Plan by October 13, 2011 in accordance with Fed. R. Civ. P. 23(e) and the applicable Local Rules. When Plaintiffs file the Motion for Preliminary Approval, they should also refile their Notice of Withdrawal of
Class Certification. At that time the Court will reset the November 8, 2011 hearing as a hearing on 24 the Motion for Preliminary Approval. If Plaintiffs do not file the Motion for Preliminary Approval by October 13, 2011, the November 8 hearing will proceed as a hearing on the Plaintiffs' Class Certification Motion.
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