Barchiesi v. Charlotte School of Law, LLC, 3:16CV861. (2019)
Court: District Court, W.D. North Carolina
Number: infdco20190108b02
Visitors: 2
Filed: Jan. 07, 2019
Latest Update: Jan. 07, 2019
Summary: ORDER GRAHAM C. MULLEN , District Judge . In preparation for the fairness hearing scheduled for January 9, 2019, the Court has determined that it will first hear oral argument regarding whether the Barchiesi Plaintiffs will be entitled to limited discovery prior to the Court's final determination as to whether the Settlement Agreement will be approved. In determining whether the proposed settlement is fair, reasonable, and adequate, the court need not transform the hearing on the settlement
Summary: ORDER GRAHAM C. MULLEN , District Judge . In preparation for the fairness hearing scheduled for January 9, 2019, the Court has determined that it will first hear oral argument regarding whether the Barchiesi Plaintiffs will be entitled to limited discovery prior to the Court's final determination as to whether the Settlement Agreement will be approved. In determining whether the proposed settlement is fair, reasonable, and adequate, the court need not transform the hearing on the settlement ..
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ORDER
GRAHAM C. MULLEN, District Judge.
In preparation for the fairness hearing scheduled for January 9, 2019, the Court has determined that it will first hear oral argument regarding whether the Barchiesi Plaintiffs will be entitled to limited discovery prior to the Court's final determination as to whether the Settlement Agreement will be approved. In determining whether the proposed settlement is fair, reasonable, and adequate, the court need not transform the hearing on the settlement into a trial on the merits. See Flinn v. FMC Corp., 528 F.2d 1169, 1172-73 (4th Cir. 1974). Accordingly, the Court has determined that it will hear testimony from Scott Thompson and Edward Bowers only. The Objecting Plaintiffs who have requested a minute to speak in open court will be allowed to do so with strict enforcement of the time limit.
IT IS SO ORDERED.
Source: Leagle
