Flores

Flores v. Dart Container Corporation

Good Law
United States District Court, Eastern District of CaliforniaMay 18, 20212:19-cv-00083California7,319 words

Opinion

Trial Court Opinion

background in its order granting plaintiff’s unopposed motion for preliminary approval of the class action settlement. (See Order Granting Preliminary Approval at 2-5.) Accordingly, the court will refrain from doing so again. Nat’l Rural Telecomms. Coop. v. DIRECTV, Inc., 221 F.R.D. 523, 525 (C.D. Cal. 2004) (citing Manual for Complex Litig. (Third), § 30.41 (1995)). This court satisfied step one by granting plaintiff’s unopposed motion for preliminary approval of class action settlement on January 12, 2021. (Docket No. 38.) Now, following notice to the class members, the court will consider whether final approval is merited by evaluating: (1) the treatment of this litigation as a class action and (2) the terms of the settlement. See Diaz v. Tr. Territory of Pac. Islands, 876 F.2d 1401, 1408 (9th Cir. 1989). A. Class Certification A class action will be certified only if it meets the requirements of Rule 23(a)’s four prerequisites and fits within one of Rule 23(b)’s three subdivisions. Fed. R. Civ. P. 23(a)- (b). Although a district court has discretion in determining whether the moving party…

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