Dekker v. Vivint Solar, Inc.
- William Alsup
- 3:19-cv-07918
- U.S. District Court · Northern District of California
- 2
In Dekker v. Vivint Solar, Judge Alsup granted preliminary approval of the parties’ amended class-action settlement.
The parties and the proposed settlement class members, whose notice and settlement materials were reviewed by the court.
What happened
In Dekker v. Vivint Solar, Inc., the parties asked the court to preliminarily approve a class-action settlement and related notice to class members.
The court had previously identified problems with the proposed agreement and notice, including unclear settlement scope, ambiguous language, inadequate responses to class-member questions, and inconsistencies. The parties submitted several amended versions addressing those concerns.
Judge William Alsup found that the remaining agreement and notice no longer had obvious deficiencies and granted preliminary approval of the settlement. The fairness hearing remained scheduled for July 12, 2023, at 8:00 a.m.
The detailed version
- Dekker v. Vivint Solar, Inc. · No. 3:19-cv-07918
- William Alsup
- Jan. 27, 2023
Background
The parties moved for preliminary approval of a proposed class-action settlement. Preliminary approval is an initial court review before a later fairness hearing; it is not final approval of the settlement.
At an earlier hearing, the court identified deficiencies in the proposed settlement agreement and class notice. The parties submitted amended versions and renewed their request several times. The court's concerns included clarifying the settlement's scope for class members, removing ambiguity about the parties' intent, ensuring meaningful responses to settlement inquiries, and making the agreement internally consistent. After another amendment, the court determined that the parties had meaningfully addressed the stated concerns.
Ruling
The court applied the standard that preliminary approval is appropriate when a proposed settlement appears to result from serious, informed, non-collusive negotiations; has no obvious deficiencies; does not improperly favor class representatives or portions of the class; and falls within the possible range of approval. The court found that the settlement agreement and class notice no longer had obvious deficiencies. Judge William Alsup therefore granted preliminary approval of the settlement. The fairness hearing remained scheduled for July 12, 2023, at 8:00 a.m.
Effect of the Order
This order granted preliminary approval only. The opinion does not state that the settlement received final approval or describe the settlement's terms or the affected class's claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.