United States District Court, N.D. California
[PROPOSED] ORDER GRANTING
PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT RE: DKT. NO.
ELIZABETH D. LAPORTE, UNITED STATES MAGISTRATE JUDGE.
Qiuzi Hu, Edwin Ramirez, Ivan Ronceria, and Wenzhi Fei
(“Plaintiffs” or “Class
Representatives”) and Defendants Jose M. Plehn-Dujowich
and BizQualify LLC's (“Defendants”) Joint
Motion for Preliminary Approval of Class Action Settlement
pursuant to Rule 23(e) of the Federal Rules of Civil
Procedure came on for hearing on September 10,
2019, in this Court. The terms of the settlement are
set forth in the Stipulation of Class Action Settlement and
Release of Claims (“Settlement Agreement” or
“Class Settlement”) filed as Exhibit A to the
Court has preliminarily considered the Class Settlement to
determine, among other things, whether to certify a class for
settlement purposes only, and whether the Class Settlement is
sufficient to warrant the issuance of notice to members of
the Settlement Class. Upon reviewing the Settlement Agreement
and motion papers relating to the request for preliminary
approval of the Class Settlement, it is hereby ORDERED,
ADJUDGED AND DECREED as follows:
Court amends its prior certification of the
Class (Dkt. 80) to define the settlement class
(“Settlement Class”) under Fed.R.Civ.P. 23(b)(3)
in this litigation, for settlement purposes only, as follows:
Settlement Class: All Class Members,
including Class Representatives, who do not exclude
themselves from the Class or Settlement Class, pursuant to
the procedures set forth in Section 6.3 of the Settlement
Agreement and the Class Notice.
Appointment of Class Representatives and Class
Court continues the appointment of the Class Representatives
to represent the Settlement Class, and Dhillon Law Group Inc.
as Class Counsel pursuant to Fed.R.Civ.P. 23(e) and (g).
Preliminary Findings Regarding Proposed
Court preliminarily finds the following:
a. The proposed Class Settlement resulted from
b. The Settlement Agreement was executed only after Class
Counsel had conducted substantial discovery, including by
taking discovery from third-parties, deposing Defendant
Plehn-Dujowich, and obtaining relevant documents;
c. Class Counsel has concluded that the Class Settlement is
fair, reasonable, and adequate; and
d. The Class Settlement is sufficiently fair, reasonable, and
adequate to warrant sending notice of the Class Settlement to
the Settlement Class.