Negotiation of Settlement. Class Counsel has engaged in arms-length 6 negotiations with Defendant with a view toward achieving substantial benefits while avoiding the cost, 7 delay, and uncertainty of further litigation. The Parties reached a settlement after jointly retaining the 8 services of an experienced mediator, Xxxxxx Xxx, Esq., and engaging in an adversarial day-long 9 mediation in Seattle, Washington, on January 26, 2018.
Negotiation of Settlement. Class Counsel has engaged in arms-length 4 negotiations with Defendant with a view toward achieving substantial benefits while avoiding the cost, 5 delay, and uncertainty of further litigation. The Parties reached a settlement after jointly retaining the 6 services of an experienced mediator, Rodney Max, Esq., and engaging in an adversarial day-long 7 mediation in San Francisco, California, on March 1, 2018, and engaging in additional arms-length 8 negotiations in the days and weeks after that mediation.
Negotiation of Settlement. Class Counsel engaged in intensive, arms-length 18 negotiations with Defendant at three separate mediations. On February 14, 2019, the 19 Parties attended an unsuccessful mediation with Xxxxx Xxxxxxx, Esq. On September 20 16, 2020, the Parties attended a second unsuccessful mediation with Xxxxx Xxxxx, 21 Esq. And, on August 9, 2023, the Parties attended an all-day mediation with Xxx 22 Xxxxxx, Esq. that ended with a mediator’s proposal that ultimately led to this 23 Agreement to settle the Action with a view toward achieving substantial benefits for 24 the Class Members, while avoiding the cost, delay, and uncertainty of further 25 litigation. Plaintiff and Class Counsel urge approval by the Court of this Agreement 26 after considering (1) the factual and legal defenses to the claims asserted, which 27 render uncertain the ultimate outcome of the Action and class certification, (2) the 28 potential difficulties Plaintiff and Class Members would encounter in establishing 1 their claims and maintaining class treatment, (3) the substantial benefits that Class 2 Members would receive under this Agreement, and (4) that this Agreement provides 3 Class Members relief in an expeditious and efficient manner, compared to any 4 manner of recovery possible after litigation and potential appeal.
Negotiation of Settlement. Class Counsel have engaged in arms-length 9 negotiations with Defendant with a view toward achieving substantial benefits while avoiding the cost, 10 delay, and uncertainty of further litigation. Plaintiff will urge that the Court approve this Agreement 11 after considering (1) the factual and legal defenses to the claims asserted, which render uncertain the 12 ultimate outcome of the Action, (2) the potential difficulties Plaintiff would encounter in establishing his 13 claims and achieving class treatment, (3) the benefits produced by this Agreement, (4) that this 14 Agreement provides relief in an expeditious, efficient manner, compared to recoveries possible after 15 litigation and potential appeals, and (5) that this Agreement allows Class Members to opt out of the 16 Action and individually pursue the claims alleged in the Action.
