Northern District Of California Issues Procedural Guidance For Class Action Settlements

The Northern District of California recently issued Procedural Guidance for Class Action Settlements. The court notes that failure to address the issues in the guidance "may result in unnecessary delay, or even failure, of approval."

The guidance covers a range of subjects, including some that may not be obvious from recent Ninth Circuit precedent. Notable points include:

PRELIMINARY APPROVAL

• Issues to be addressed in motions for preliminary approval should include:
  • any differences between the settlement class and the class certified if a litigation class has been certified, or any differences between the settlement class and the class proposed in the complaint if a litigation class has not been certified;