Issues: (1) Whether, or in what circumstances, a cy pres
award that provides no direct relief or benefit
to class members comports with the Federal Rule of Civil Procedure 23(e)
requirement that a settlement binding class
members must be “fair, reasonable, and adequate"; and (2) whether Rule 23(b)(3) permits certification of
a class where the district court has found that
class members cannot be ascertained or even
self-identify without an individualized “difficult
and expensive” inquiry.
Motion to extend the time to file a response is granted and the time is extended to and including August 22, 2022, for all respondents.
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