Ferris v. Wynn Resorts Limited

Opinion

V. Ferris, et al., Case No. 2:18-cv-00479-CDS-BNW Plaintiffs Order Setting Hearing on Unopposed Motion for Preliminary Approval of v. Proposed Class Settlement Wynn Resorts Limited, et al., [ECF No. 422] Defendants Plaintiffs John V. and JoAnn M. Ferris and Jeffrey Larsen filed an unopposed motion for preliminary approval of class action settlement. ECF No. 422. Under FRCP 23(e)(2), if a proposal would bind class members, “the court may approve it only after a hearing and only on finding that is fair, reasonable, and adequate. . .” Fed. R. Civ. P. 23(e)(2). Generally, the approval of class action settlements occurs in two stages. Alberto v. GMRI, Inc., 252 F.R.D. 652, 658 (E.D. Cal. 2008). As a first step toward final approval, the court considers whether to preliminarily grant approval the settlement pending a fairness hearing and authorizes that notice be given to the class. Id. at }658-59. This phase focuses on assessing whether the proposed settlement merits preliminary approval, which would “lay the ground work for a future fairness hearing.” Id. at 659. After the fairness hearing, the court will make a final determination as to whether the parties should be allowed to settle the class action pursuant to the terms agreed upon. Id. It is therefore ordered that plaintiff's unopposed motion for preliminary approval of class settlement will be heard on October 10, 2024, at 11:00 a.m. in LV Courtroom to be determined. Dated: September 27, 2024 /, / . LZ “hehe: —— ie States District Judge /