VI. PROPOSED SETTLEMENT SCHEDULE The Court’s

VI. PROPOSED SETTLEMENT SCHEDULE

The Court’s entry of the proposed Preliminary Approval Order would, among other things: (i) provisionally certify, for settlement purposes, this action as a class action; (ii) direct notice of the Proposed Settlement to all members of the Class; and (iii) schedule the Settlement Hearing to consider whether the Proposed Settlement should be approved as being fair, reasonable and adequate. As such, the Preliminary Approval Order sets a proposed schedule for mailing and publication of the Notice and Summary Notice, and deadlines for submitting claims and/or objecting to the Proposed Settlement or opting out of the Class.

Plaintiffs recommend the schedule set forth below. The Settling Parties agree to the proposed schedule setting the Settlement Hearing a minimum of 100 days after the granting of the Preliminary Approval Order. The Settling Parties also agree to the schedule for the other dates, as provided for in the proposed Preliminary Approval Order, which were negotiated among the Parties.

Notice Mailed to Class Members (see Preliminary Approval Order, ¶8(a))

Within twenty (20) days of the entry of the Preliminary Approval Order

Summary Notice published (see Preliminary Approval Order, ¶8(b))

Within thirty (30) days of the entry of the Preliminary Approval Order

Deadline for Plaintiffs to file papers in support of final approval and application for
fees and expenses. (see Preliminary Approval Order, ¶15)

No later than thirty-five (35) days prior to the Settlement Hearing

Deadline for Objections to the Settlement, the proposed Plan of Allocation, and the request for attorneys’ fees and expenses (seePreliminary Approval Order, ¶14)

No later than twenty-one (21) days prior to the Settlement Hearing

Deadline for requesting exclusion from the Settlement (see Preliminary Approval Order, ¶10)

No later than twenty-one (21) days prior to the Settlement Hearing Deadline for Lead Plaintiff to file papers in further support of final approval and application for fees and expenses. (see

Preliminary Approval Order, ¶16)
No later than ten (10) days prior to the Settlement Hearing

Settlement Hearing (see Preliminary Approval Order, ¶3)

To be determined by the Court, the Settling Parties propose that the hearing be set a minimum of 100 days after the entry of the Preliminary Approval Order

Deadline for submitting Proof of Claim forms (see Preliminary Approval Order, ¶12)

Within one hundred and twenty (120) days of the entry of the Preliminary Approval Order

VII. CONCLUSION
Plaintiffs respectfully request that the Court enter the Preliminary Approval Order, consented to by the Defendants, preliminarily certifying the Settlement Class and directing the Notice to be distributed to the members of the Class.

MEMORANDUM OF POINTS AND AUTHORITIES
287419.1 JBI -30-
Case 3:11-cv-00545-RCJ-WGC Document 85

again courtesy of the tard