The following excerpt is from Millan v. Cascade Water Servs., Inc., 1:12-cv-01821-AWI-GSA (E.D. Cal. 2015):
likely duration of further litigation; the risk of maintaining class action status throughout the trial; the amount offered in settlement; the extent of discovery completed and the stage of the proceedings; the experience and views of counsel; the presence of a governmental participant; and the reaction of the class members to the proposed settlement." Hanlon, 150 F.3d at 1026, quoting Torrisi v. Tucson Elec. Power Co., 8 F.3d 1370, 1375 (9th Cir. 1993).
Approval of a settlement must also be held to a "higher standard of fairness" when the settlement occurs "before formal class certification." Lane v. Facebook, Inc., 696 F.3d 811, 819 (9th Cir. 2012) reh'g denied 709 F.3d 791 (9th Cir. 2013) ("The reason for more exacting review of class settlements reached before formal class certification is to ensure that class representatives and their counsel do not secure a disproportionate benefit 'at the expense of the unnamed plaintiffs who class counsel had a duty to represent'").
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