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S.D.N.Y.Procedural orderFiled Aug. 24, 2020

Snitzer v. The Board of Trustees of the American Federation of Musicians and…

Full caption

Snitzer v. The Board of Trustees of the American Federation of Musicians and Employers' Pension Fund

Judge
Valerie Caproni
Docket
1:17-cv-05361
Court
U.S. District Court · Southern District of New York
Pages
21
Civil ProcedureClass ActionPro Se
In one sentence

In Snitzer v. Board of Trustees, Judge Valerie Caproni set speaking times and filing procedures for objectors before a scheduled fairness hearing.

Who this affects

The three pro se objectors, the group represented by Daniel Walfish, class counsel, and the parties involved in the proposed class settlement.

What happened

Snitzer v. The Board of Trustees of the American Federation of Musicians and Employers’ Pension Fund concerns a scheduled fairness hearing and objections to a proposed settlement. The court identified three objectors who asked to speak by video and noted that Daniel Walfish would also appear for a group of objectors.

The order allowed pro se objectors Anne Bryant, Frank Hosticka, and Martin Stoner five minutes each to address the court. It also placed Walfish’s and Stoner’s late additional submissions on the electronic docket, while stating that class counsel did not need to respond to them in writing.

Judge Valerie Caproni ordered class counsel to be prepared to address relevant issues raised orally and to post the order on the settlement website by the end of August 24, 2020. The order did not approve or reject the proposed settlement.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Snitzer v. The Board of Trustees of the American Federation of Musicians and… · No. 1:17-cv-05361
Judge
Valerie Caproni
Date
Aug. 24, 2020

Background

The court had scheduled a fairness hearing for August 26, 2020, to be conducted by Skype and telephone. The court had asked individual objectors who had previously expressed interest in attending whether they wanted to be heard by video. Anne Bryant, Frank Hosticka, and Martin Stoner requested to speak. Daniel Walfish, an attorney representing a group of objectors, also was scheduled to be heard by video.

The order noted that Walfish and Stoner had submitted additional objection papers after the objection deadline. The attached materials included arguments that the proposed class settlement was unfair or inadequate, including objections concerning the settlement's releases and proposed governance provisions. Those arguments appear in the attached submissions; the order itself does not decide them.

Court’s Orders

Judge Valerie Caproni ordered that Bryant, Hosticka, and Stoner, who were appearing without lawyers, would each have five minutes to address the court. The court stated that chambers had emailed video-appearance instructions to those three objectors and to all counsel.

The court further ordered that Walfish’s and Stoner’s additional submissions be filed on the electronic docket to maintain an accurate record. Because the submissions were filed after the objection deadline, class counsel did not have to respond to them in writing. Because Walfish and Stoner would appear at the hearing, they could raise relevant issues orally, and class counsel had to be prepared to address those issues.

Finally, the court ordered class counsel to make the order available on the settlement website no later than the close of business on August 24, 2020. The order did not rule on whether the proposed settlement should be approved or rejected.

The authoritative version

Read the full 21-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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