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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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


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 exclusion from the Settlement Class pursuant to the Notice 10 of Pendency of Class Action. 11

12 representatives for the Settlement Class. 13

4. The Court designates Plaintiffs Joseph Ruwe and Elizabeth Orlando as the class

5. The Court designates the following as co-lead counsel for the Settlement Class: Hagens Berman Sobol Shapiro LLP and Chavez & Gertler LLP. 15 16 the Settlement Class meets the Rule 23 requirements for a settlement class. 17

18 action, the proposed settlement agreement and final fairness hearing (the "Long-Form Notice"), the 19 Postcard Notice and the proposed summary notice for publication, annexed as Exhibits A, B and C 20 hereto. The Court further finds that the electronic mailing and distribution of the Long-Form 21

Notice, the regular mailing of the Postcard Notice to those individuals without known electronic 22 mail addresses, the publishing of a content-neutral settlement website, summary publication in the 23

California zone publication of USA Today, an online campaign consisting of sponsored links on 24 major search engines, and relevant Court orders substantially in the manner and form set forth in 25 paragraph 8 of this Order meet the requirements of Federal Rule of Civil Procedure 23 and due 26 process, and are the best notice practicable under the circumstances and shall constitute due and 27 sufficient notice to all persons entitled thereto. 28

6. The Court preliminarily finds that, for purposes of effectuating this settlement only,

7. The Court approves for publication, as to form and content, the notice of the class 2 supervise and administer the notice procedure as well as the processing of claims as more fully set 3 forth below: 4

a. Not later than August 14, 2012, the Settlement Administrator shall cause a 5 copy of the Long-Form Notice, substantially in the form annexed as Exhibit A, to be electronically 6 mailed to all Settlement Class members who can be identified with reasonable effort; 7

8. The Court appoints the firm of Gilardi & Co. LLC ("Settlement Administrator") to b. Not later than August 14, 2012, the Settlement Administrator shall cause the Long-Form Notice, substantially in the form annexed as Exhibit A, the full text of the Stipulation, 9 the Preliminary Approval Order, and the claim form, in both an electronic fillable form and in a 10 format that may be downloaded and/or printed, to be published on a public website, located at 11 www.verizonwirelesssettlement.com; 12

c. Not later than August 14, 2012, the Settlement Administrator shall cause the Postcard Notice, substantially in the form annexed as Exhibit B, to be delivered by regular U.S. 14 mail to those Settlement Class members who can be identified with reasonable effort and for whom 15 a bounceback notice was received or for whom electronic mail addresses are not known; 16 17 summary notice to be published in the designated newspapers, as provided in the Stipulation, 18 paragraph III.9.c., substantially in the form annexed as Exhibit C; 19 20 and judgments in the Litigation concerning the settlement, whether favorable or unfavorable to the 21

9. Class Counsel shall file their motion for attorney fees, costs and incentive awards 23 for the class representatives, and all supporting documentation and papers, not later than September 24

10. Any Member of the Class who desires to receive a monetary distribution from the Settlement Fund must submit a completed claim form, either electronically through the website 27 described in paragraph 8(b) or by first class mail to: 28

d. Not later than August 19, 2012, the Settlement Administrator shall cause

e. All members of the Settlement Class shall be bound by all determinations Settlement Class. 22 18, 2012.

All claims must be submitted, whether electronically or by first class mail, not later than October 5 Verizon Wireless Settlement c/o Gilardi & Co. LLC P.O. Box 808054 Petaluma CA 94975-8054 30, 2012. Any member of the Settlement Class who does not submit his or her claim in the manner 6 provided shall be deemed to have waived such claim and any right to receive a monetary 7 distribution from the Settlement Fund. 8

11. Any person who desires to request exclusion from the Settlement Class shall do so 9 by October 2, 2012. All persons who submit valid and timely requests for exclusion in the manner 10 set forth in the Long-Form Notice shall have no rights under the Settlement Agreement, shall not 11 share in the distribution of the Settlement Fund, and shall not be bound by the Stipulation of the 12

12. Any member of the Settlement Class may enter an appearance in the Litigation, at 14 his or her own expense, individually or through counsel of his or her own choice. If the member 15 does not enter an appearance, he or she will be represented by Class Counsel. 16

17 any reason, why the proposed settlement of the Litigation should or should not be approved as fair, 18 reasonable and adequate; why a judgment should or should not be entered thereon; why the plan of 19 distribution should or should not be approved; or why attorney's fees and expenses should or 20 should not be awarded to Class Counsel; provided, however, that no member of the Settlement 21

Class or any other person shall be heard or entitled to contest the approval of the terms and 22 conditions of the proposed settlement, or, if approved, the judgment to be entered thereon 23 providing the same, or the order approving the plan of distribution, or the attorney's fees and 24 expenses to be awarded to Class Counsel, unless that person has filed with the Court and sent by 25 first class mail to Class Counsel at the addresses below written objections and copies of any papers 26 and briefs such that they are received by October 2, 2012: 27 28

Judgment entered in the Litigation. 13

13. Any member of the Settlement Class may appear and show cause, if he or she has

Court Class Counsel

Ruwe v. Verizon Wireless Jeff D. Friedman Case No. 07-cv-03679 JSW Hagens Berman Sobol Shapiro LLP United States District Court, 715 Hearst Ave., Suite 202 Northern District of California Berkeley, CA 94710450 Golden Gate Avenue San Francisco, CA 94102

Any member of the Settlement Class who does not make his or her objection in the manner 7 provided shall be deemed to have waived such objection and shall forever be foreclosed from 8 making any objection to the fairness or adequacy of the proposed settlement as set forth in the 9

Settlement Agreement, to the plan of distribution, or to the award of attorney's fees and expenses 10 to Class Counsel, unless otherwise ordered by the Court. 11 12 objections and exclusions shall be filed and served by October 12, 2012. 13 14 and any application for attorney's fees and expenses shall be approved. 15

14. All papers in support of the settlement and responses by Class Counsel regarding

15. At or after the Fairness Hearing, the Court shall determine whether the settlement

16. All reasonable expenses incurred in identifying and notifying members of the

Settlement Classes, as well as administering the Settlement Fund, shall be paid for as set forth in 17 the Stipulation. 18

19 negotiations or proceedings connected with it, shall be construed as an admission or concession by 20

Litigation, or of any liability, fault or wrongdoing of any kind. 22

23 instituting or continuing the prosecution of any action asserting the claims released in the proposed 24 settlement, until the Court enters final judgment with respect to the fairness, reasonableness and 25 adequacy of the Settlement. 26

19. The Court reserves the right to adjourn the date of the Fairness Hearing without

27 further notice to the members of the Settlement Class, and retains jurisdiction to consider all further 28

17. Neither the Stipulation, nor any of its terms or provisions, nor any of the

Plaintiffs or Defendant, respectively, of the truth or falsity of any of the allegations in the 21

18. All members of the Settlement Class are temporarily barred and enjoined from application arising out of or connected with the proposed settlement. The Court may approve the 2 settlement, with such modifications as may be agreed to by the settling parties, if appropriate, 3 without further notice to the Settlement Class. 4

IT IS SO ORDERED.

THE HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE

20120727

© 1992-2012 VersusLaw Inc.



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