United States District Court, D. Nevada
SHIGE TAKIGUCHI, FUMI NONAKA, MITSUAKI TAKITA, TATSURO SAKAI, SHIZUKO ISHIMORI, YUKO NAKAMURA, MASAAKI MORIYA, HATSUNE HATANO, and HIDENAO TAKAMA, Individually and On Behalf of All Others Similarity Situated, Plaintiff,
MRI INTERNATIONAL, INC., EDWIN J. FUJINAGA, JUNZO SUZUKI, PAUL MUSASHI SUZUKI, LVT, INC., dba ICAG, and DOES 1-500, Defendants.
E. GIBBONS (pro hac vice) Cal. State Bar No. 130631 MANNING
& KASS, ELLROD, RAMIREZ, TRESTER LLP, ROBERT W. COHEN
(pro hac vice) Cal. State Bar No. 150310 MARIKO TAENAKA (pro
hac vice) Cal. State Bar No. 273895, LAW OFFICES OF ROBERT W.
COHEN, A.P.C. Attorneys for Plaintiffs
ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT WITH ICAG, INC.
D. MCKIBBEN, United States District Judge
matter is before the Court on Plaintiff's motion for
preliminary approval of the proposed class action settlement
(the “Settlement”) between the representative
Plaintiffs Shige Takiguchi, et al. and ICAG, Inc.
(“ICAG”), as set forth in the Settlement
Agreement attached hereto as Exhibit A. Having considered the
Motion, the Settlement Agreement, the proposed form of notice
to the Class, the pleadings and other papers filed in these
Actions, and for good cause shown, IT IS HEREBY ORDERED as
Unless otherwise defined herein, all terms that are
capitalized herein shall have the meanings ascribed to those
terms in the Settlement Agreement.
Court finds that the proposed Settlement with ICAG, which
• Cash payments totalling $265, 000;
• An assignment of accounts receivable in the amount of
$150, 000 owed by Premier Entertainment Services
International, Inc. to ICAG; and
• An assignment by Cheryl Shintaku of the 15% interest
in HMC Service Center, LLC that she inherited from Richard
sufficiently fair, reasonable and adequate such that it is
hereby preliminarily approved. Notice of the Settlement
should be provided to the Settlement Class and a hearing
should be held as set forth below. The Court finds that the
Settlement Agreement appears to be the product of arm's
length, informed, non-collusive negotiations between
experienced and knowledgeable counsel who have actively
prosecuted and contested this litigation for over three and a
half years. In accordance with the schedule outlined below,
Class Counsel shall seek entry of an Order and Final Judgment
as to the Settling Defendant.
Court hereby grants Plaintiffs' request to defer
distribution of the Settlement Funds and propose a Plan of
Allocation until final resolution of the case or at a later
time, upon approval by the Court.
Court approves the Notice of Pendency and Proposed Settlement
of Class Action (the “Settlement Notice”), and
finds that the dissemination of the Settlement Notice
substantially in the manner and form set forth in the
Settlement Agreements complies fully with the requirements of
Federal Rule of Civil Procedure 23 and due process of law,
and is the best notice practicable under the circumstances.
notice procedures set forth in the Settlement Agreement are
hereby found to be the best practicable means of providing
notice of the Settlement Agreement under the circumstances
and, when completed, shall constitute due and sufficient
notice of the proposed Settlement Agreement and the Final
Approval Hearing to all persons affected by and/or entitled
to participate in the Settlement Agreements, in full
compliance with the applicable requirements of Federal Rule
of Civil Procedure 23 and due process.
Court hereby appoints the Japanese attorney group which
represents the interests of certain MRI victims in Japan (the
“MRI Higaibengodan”) as the Notice Administrator.
Consistent with the Settlement Agreement, the Notice
Administrator shall (1) disseminate the Notice of Settlement
to the Class with the cover letter; (2) cause the Notice of
Settlement to be published on the National Consumer Affairs
of Japan's website; (3) make relevant documents in
English and Japanese accessible to the Class on the MRI
Higaibengodan's website; and (4) receive and maintain
Requests for Exclusion. Pursuant to the Settlement Agreement,
the Notice Administrator's costs shall be paid out of the
Settlement Fund, subject to Court review and approval.
Notice Administrator shall cause the Settlement Notice to be
mailed, postage prepaid, to all Class Members within 60 days
from entry of this order. The Notice Administrator shall also
cause the Settlement Notice to be published on the National
Consumer Affairs of Japan's website. At least thirty days
prior to the Final Approval Hearing, the Notice Administrator
shall file with the Court an Affidavit of Compliance with the
Notice Requirements. All costs incurred in disseminating
Notice and administering the Settlement shall be ...