Dusek

Dusek v. Mattel Inc.

Good Law
141 F. App'x 586
United States Court of Appeals for the Ninth CircuitJuly 29, 200503-56872California930 words

Opinion

Lead Opinion

MEMORANDUM *

Objector-Appellant Mel Schiff appeals from the district court’s order granting final approval of a proposed global settlement of both this class action and the related class action in Thurber v. Mattel, Inc., D.C. No. CV-99-10368-MRP (C.D.Cal.). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the factual and procedural history, we do not repeat it here except to the extent necessary for our disposition.

I.

Schiff first argues that the district court erred in granting final approval of the proposed settlement because neither the class counsel nor the class representatives were adequate representatives of the Dusek class as required by Rule 23(a)(4) of the Federal Rule of Civil Procedure. We review the district court’s order granting final approval of the proposed settlement — including its determination that the class counsel and the class representatives were adequate — for abuse of discretion. Staton v. Boeing Co., 327 F.3d 938, 953 (9th Cir.2003). For the reasons set forth below, we conclude that the district court did not abuse its discretion.

First, Schiff overstates the degree to which there was a…

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