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Joseph Ruwe and Elizabeth Orlando, Individually and On Behalf of All Others Similarly Situated v. Cellco Partnership D/B/A Verizon Wireless

July 27, 2012

JOSEPH RUWE AND ELIZABETH ORLANDO, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS,
DEFENDANT.



The opinion of the court was delivered by: Judge: Hon. Jeffrey S. White

[PROPOSED] ORDER GRANTING 15 PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
Date: August 10, 2012 Time: 9:00 a.m. 18 Dept: Courtroom 11, 19th Floor

3 themselves and of the proposed stipulated settlement class ("Settlement Class"), and Defendant 4 Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless") have agreed, subject to Court 5 approval following notice to the Settlement Class and a hearing, to settle the above-captioned 6 matter ("Litigation") upon the terms as set forth in the Stipulation of Settlement ("Stipulation"); 7 8 parties, together with all exhibits thereto, the record in this case, and the briefs and arguments of 9 counsel; 10

WHEREAS Plaintiffs Joseph Ruwe and Elizabeth Orlando ("Plaintiffs"), on behalf of

WHEREAS, this Court has reviewed and considered the Stipulation entered into among the

WHEREAS, Plaintiffs have applied for an order granting preliminary approval of the Stipulation; 12 13 meets all the prerequisites of Rule 23 of the Federal Rules of Civil Procedure; 14 the Stipulation; 16

18 forth therein, subject to further consideration at the Fairness Hearing described below. 19

Ave., San Francisco, California, in Courtroom 11, to determine whether to approve certification of 22 the class for settlement purposes; whether the proposed settlement of the Litigation on the terms 23 and conditions provided for in the Stipulation is fair, reasonable and adequate to the Settlement 24

Classes and should be approved by the Court; whether a final judgment should be entered herein; 25 whether the proposed plan of distribution should be approved; and to determine the amount of fees 26 and expenses that should be awarded to Class Counsel. The Court may adjourn the Fairness 27

Hearing without further notice to the members of the Settlement Classes. 28

WHEREAS, this Court preliminarily finds, for purposes of settlement only, that the action

WHEREAS, all defined terms contained herein shall have the same meanings as set forth in

NOW, THEREFORE, IT IS HEREBY ORDERED:

1. The Court does hereby preliminarily approve the Stipulation and the settlement set

2. A hearing (the "Fairness Hearing") shall be held before this Court on Friday, November 16, 2012 at 9:00 a.m., at the United States District Court, located at 450 Golden Gate 21 2 certifies, for purposes of effectuating this settlement, a Settlement Class of all California current 3 and former Verizon Wireless retail wireless customers who paid a $5 minimum late fee or paid a 4 $15 reconnect fee during the Class Period (for the $5 late fee) or the Sub-Class Period (for the $15 5 reconnect fee). The Class Period is defined to mean June 12, 2003, through April 26, 2012. The 6 Class are any and all persons who have already settled or otherwise compromised claims against 8

3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Court preliminarily Sub-Class Period is defined to mean December 1, 2004, through April 26, 2012. Excluded from the 7 Defendant that are asserted in this Litigation. Also excluded from the Settlement Class are those 9 persons who timely and validly request ...


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