Anderson

Anderson v. Safe Streets USA LLC

Good Law
United States District Court, Eastern District of CaliforniaDecember 20, 20222:18-cv-00323California6,220 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Mark Anderson, No. 2:18-cv-00323-KJM-JDP Plaintiff, ORDER Vv. Safe Streets USA, LLC 1S Defendant. 16 Rule 23(e) provides “[t]he claims, issues, or defenses of . . . a class proposed to be 18 certified for purposes of settlement [ ] may be settled, voluntarily dismissed, or comprised only with the court’s approval.” Fed. R. Civ. P. 23(e). “This prescription was designed to function as 20 an additional requirement, not a superseding direction,” for settlement class actions. Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 621 (1997). Even when a settlement appears fair, the court 22 cannot approve the settlement if it violates the Federal Rules or modifies people’s rights. See id. at 620-21. Otherwise, the court might modify substantive rights of the putative class in violation

of the Rules Enabling Act, 28 U.S.C. § 2072,1 or might extend its jurisdiction in violation of Rule 82.2 …

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