O'Shea
O'Shea v. American Solar Solution, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
12 THE ESTATE OF KERRY O’SHEA, on Case No. 3:14-cv-00894-L-RBB behalf of itself and all others similarly
situated., ORDER DENYING WITHOUT
Plaintiff, PREJUDICE JOINT MOTION
FOR PRELIMINARY APPROVAL
OF SETTLEMENT [Doc. 171] v.
AMERICAN SOLAR SOLUTION, INC. a California corporation, 19 Defendant. 20 Pending before the Court in this class action alleging violations of the 21 Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 et seq. is a joint 22 motion for preliminary approval of class action settlement. The motion is denied 23 without prejudice for the following reasons: 24 1. The representation in the motion and the proposed class notice that class 25 members will receive $25 in damages for each valid claim is concerning. A realistic 26 estimate of individual class member recovery is relevant to the settlement fairness 27 determination under Federal Rule of Civil Procedure 23(e); see In re Bluetooth 1 Headset Prod. Liability Litig., 654 F.3d 935,…