What is the test for a motion for preliminary approval of a class action settlement?

MultiRegion, United States of America

The following excerpt is from Conti v. L'Oreal USA S/D, Inc., No. 1:19-cv-00769-LJO-SKO (E.D. Cal. 2020):

The undersigned finds that Plaintiffs have not demonstrated that conditional class certification under Rule 23(a) and (b)(3) or preliminary approval of the Proposed Settlement is warranted. While the undersigned is mindful of the strong judicial policy favoring settlements, see Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1276 (9th Cir. 1992), this settlement cannot be approved without significant additional information and amendment. It is therefore RECOMMENDED that Plaintiffs' motion for preliminary approval of a class action settlement (Doc. 9) be DENIED, without prejudice to Plaintiff renewing the motion to address the issues and concerns identified herein.

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