20 November 2009

GBS: Settlement 2.0 Deadlines

Judge Chin has provided "preliminary approval" (PDF image) of Settlement 2.0. This does not mean he thinks it should/will be approved; it means, instead, that:

7. The Court has reviewed the Amended Settlement Agreement and determined it to be within the range of possible approval;

GBS Doc. 772 (19 Nov 2009) at 2. The critical dates and procedures established are:

  • Supplemental notice shall commence on 14 December 2009 (Doc. 772 at 5 ¶ 17). This requires two types of contact:

    • For anyone who has previously filed anything — a claim form, an objection or statement, an opt-out — a mailed or e-mailed notice (Id. ¶ 20); or
    • Posting on the "official" settlement website (Id. ¶ 19).
  • Previous opt-outs do not need to be refiled; neither do previous claims (Id. at 6 ¶ 24).
  • Previous objections do not need to be refiled concerning portions of the agreement not changed (Id. at 5 ¶ 18).
  • The new deadline for opting out or objecting to the Amended Settlement is 28 January 2010 (Id. ¶ 17).
  • The fairness hearing is tentatively scheduled for 18 February 2010 at 10am (Id. at 4 ¶ 13).
  • Persons wishing to be heard at the fairness hearing must file a Notice of Intent to Appear on or before 04 February 2010 (Id. at 8 ¶ 25).
  • Implicitly, the deadline for those in either subclass to file claims has been extended to 31 March 2011 (Id. at 11). This is inconsistent with the official settlement administration website at the moment, which still says 05 June 2010.

More to come... later.