Glass

Glass v. UBS Financial Services, Inc.

Good Law
331 F. App'x 452
United States Court of Appeals for the Ninth CircuitMay 14, 2009Nos. 07-15278, 07-15309California1,783 words

Opinion

Lead Opinion

MEMORANDUM *

This dispute arises from the district court’s approval of a class action settlement between the named plaintiffs and the defendant, UBS Financial Services. On appeal, plaintiff-objector Marty Evans raises several objections to the district court’s determination that the settlement was fair, reasonable, and adequate as required by Fed.R.Civ.P. 23(e). Appellant Anthony D’Aria objects to the district court’s denial of his motion to intervene in the case on the grounds that it was untimely. The parties are familiar with the facts.

I. Pending motions

We grant UBS’s motion to strike documents from D’Aria’s excerpts of record which were submitted to the district court after the final approval of the settlement. See Kirskner v. Uniden Corp. of Am., 842 F.2d 1074, 1077-78 (9th Cir.1988). We also grant UBS’s motion for judicial notice of the Bowman declaration.

*455 II. Evans’s Claims

Evans argues, on several grounds, that the district court abused its discretion in determining that the settlement was fundamentally “fair, reasonable, and adequate,” as required by the Federal Rules of Civil Procedure. Fed.R.Civ.P. 23(e). “The district court’s decision to approve or reject a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.