Moore v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC ( 2024 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LISA M. MOORE, Case No. 20-cv-09077-JSW 8 Plaintiff, REQUEST FOR CLARIFICATION RE 9 v. MOTION FOR APPROVAL OF CLASS ACTION SETTLEMENT 10 GLAXOSMITHKLINE CONSUMER HEALTHCARE HOLDINGS (US) LLC, et Re: Dkt. No. 129 11 al., Defendants. 12 13 14 The Court has received Plaintiff’s motion for approval of the Rule 23(b)(2) class action 15 settlement, service award, and attorneys’ fees and costs. (Dkt. No. 129.) 16 On January 30, 2024, the Court granted Plaintiff’s motion to certify a class under Rule 17 23(b)(2). (Dkt. 108.) The Court denied without prejudice the motion to certify a class under Rule 18 23(b)(3) on grounds that Dr. Michael Dennis’ consumer perception surveys and conjoint surveys 19 did not sufficiently isolate the challenged language. (Id. at 10–11;17–18.) In so ruling, the Court 20 specifically cited two decisions in this Circuit in which courts denied class certification on 21 grounds that Dr. Dennis failed to isolate challenged language in conjoint surveys, but granted 22 renewed motions for class certification after plaintiffs had remedied this specific deficiency. (Id. 23 at 18 (citing McMorrow v. Mondelez Int’l, Inc, 2021 WL 859137, at *7 (S.D. Cal. Mar. 8, 2021) 24 and Vizcarra v. Unilever United States, Inc. 2023 WL 2364736 (N.D. Cal. Feb. 24, 2023.))) 25 In the class action context, district courts must evaluate whether a proposed settlement is 26 “fair, reasonable, and adequate.” Fed. R. Civ. P 23(e)(2); see also Hanlon v. Chrysler Corp., 150 27 F.3d 1011, 1027 (9th Cir. 1998) (In reviewing a proposed settlement, a court must determine 1 23(b)(3) deficiencies identified in the Order, the Court ORDERS Plaintiffs to clarify the rationale 2 || behind Plaintiff's apparent abandonment of potential remedies under Rule 23(b)(3) by August 22, 3 || 2024. 4 || ITIS SO ORDERED. YO | 5 || Dated: August 9, 2024 fe hous Nts 6 vf #f { (AEFEREY 8’ WHITE 7 United States District Judge 8 9 10 11 12 © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28