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COVARRUBIAS-GUERRERO v. BLAND, 6:09-cv-5. (2012)

Court: District Court, S.D. Georgia Number: infdco20120420941 Visitors: 8
Filed: Apr. 19, 2012
Latest Update: Apr. 19, 2012
Summary: ORDER B. AVANT EDENFIELD, District Judge. The Court has reviewed the revised joint settlement agreement and class notice filed on April 11, 2012. See Docs. 169-1; 169-2. Based on this review, the Court is amenable to approving the agreement but would like to make the parties aware of a few remaining concerns. First, the revised agreement is not signed by any of the attorneys. See Doc. 169-1 at 22-23. Second, counsel have revised the language regarding the case in which the settlement cl
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ORDER

B. AVANT EDENFIELD, District Judge.

The Court has reviewed the revised joint settlement agreement and class notice filed on April 11, 2012. See Docs. 169-1; 169-2. Based on this review, the Court is amenable to approving the agreement but would like to make the parties aware of a few remaining concerns.

First, the revised agreement is not signed by any of the attorneys. See Doc. 169-1 at 22-23.

Second, counsel have revised the language regarding the case in which the settlement class is to be certified. Compare Doc. 161-1 at 14-16, 22 (stating "in Covarrubias-Guerrero") with Doc. 169-1 at 14-16, 22 (stating "in the consolidated case"). The parties should inform the Court of the reasoning behind this change.

Third, the Court again notes that although Gumecindo Covarrubias-Guerrero and Pablo Ramos-Barrientos are set forth as the class representatives, see Doc. 164 at 5, they are specifically excluded from the class to be certified. See Doc. 169-1 at 14-15; see also Doc. 165 at 2-3 (noting the exclusion but concluding that the two named plaintiffs are proper class representatives).

Finally, in light of Mr. Schell's addition as counsel, the parties should re-submit the joint motion filed November 18, 2011. See Doc. 161; see also Doc. 168.

The Court is well aware that all parties are willing and ready to have these cases and issues resolved. Nevertheless, the Court must properly scrutinize the proposed class certification and settlement. Counsel will comply with the terms of this Order as soon as possible.

Source:  Leagle

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