That the Settlement was based upon Judge Kim's proposal demonstrates, in part, non-collusive conduct. See, e.g., Ebarle v. Lifelock, Inc., 2016 WL 234364, at *6 (N.D. Cal. Jan. 20, 2016) (finding that acceptance of a mediator's proposal following mediation sessions “strongly suggests the absence of collusion or bad faith”).
That the Settlement was based upon Judge Phillips' proposal demonstrates, in part, non-collusive conduct. See, e.g., Ebarle v. Lifelock, Inc., 2016 WL 234364, at *6 (N.D. Cal. Jan. 20, 2016) (finding that acceptance of a mediator's proposal following mediation sessions “strongly suggests the absence of collusion or bad faith”). Furthermore, Class Counsel did not reach an agreement with Apple regarding the amount of attorney's fees to which they were entitled.
That the Settlement was based upon Judge Phillips' proposal demonstrates non-collusive conduct. See, e.g., Ebarle v. Lifelock, Inc., 2016 WL 234364, at *6 (N.D. Cal. Jan. 20, 2016) (finding that acceptance of a mediator's proposal following mediation sessions "strongly suggests the absence of collusion or bad faith"); Villegas v. J.P. Morgan Chase & Co., 2012 WL 5878390, at *6 (N.D. Cal. Nov. 21, 2012) (noting that private mediation "tends to support the conclusion that the settlement process was not collusive").
(1) whether the class action can be ascertained by reference to objective criteria; (2) whether the class includes members who are not entitled to recovery; and (3) whether the putative named plaintiff can show that he will be able to locate absent class members once a class is certified.Ebarle v. Lifelock, Inc., No. 15-cv-00258-HSG, 2016 WL 234364, at *5 (N.D. Cal. Jan. 20, 2016). Determining that a class is ascertainable is "meant to ensure the proposed class definition will allow the court to efficiently and objectively ascertain whether a particular person is a class member."