Easysaver Rewards Litigation v. Perryman

ORDER AND MEMORANDUM

This case is resubmitted as of the date of this order.

Objector-Appellant Brian Perryman appeals the district court’s approval of the class settlement agreement reached by Defendant-Appellee Provide Commerce, Inc., Defendant-Appellee Regent Group, Inc., d/b/a Encore Marketing International, and Plaintiffs-Appellees. Perryman contends that the district court abused its discretion in approving the settlement agreement and the attorney’s fee award, because the $20 credit offered to the class was a coupon subject to the Class Action Fairness Act, 28 U.S.C. § 1712 . Perry-man further contends that the district court abused its discretion in approving the cy pres distribution.

This case was originally set for argument on February 2, 2015. That argument date was vacated, and submission was deferred pending resolution of Frank v. Netflix, No. 12-15705+ . On February 27, 2015, we decided Frank v. Netflix (In re Online DVD-Rental Antitrust Litig.), No. 12-15705, 779 F.3d 934 , 2015 WL 846008 (9th Cir. Feb. 27, 2015). Having reviewed the parties’ submissions, we vacate the district court’s judgment and remand for further proceedings consistent with Frank. Because…