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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

WESTERN REGIONAL ADVOCACY 

PROJECT, et al.,

 Plaintiffs, 

v.

MAYOR GAVIN NEWSOM, et al.,

 Defendants. 

Case No.: C 08-4087 MMC 

CLASS ACTION

[PROPOSED] ORDER RE: 

PRELIMINARY APPROVAL OF 

SETTLEMENT AGREEMENT 

Judge: Hon. Maxine M. Chesney 

Date Action Filed: August 27, 2008 

Case 3:08-cv-04087-MMC Document 93 Filed 06/02/10 Page 1 of 5
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WRAP, et al. v. Mayor Newsom, et al., Case No. CV 08-4087 

[Proposed] Order Re: Preliminary Approval of Settlement Agreement

1

The Joint Motion of Plaintiffs Western Regional Advocacy Project, Coalition on 

Homelessness, and Calvin Davis (“Plaintiffs”); and of Defendants Mayor Gavin Newsom, Board 

of Supervisors of San Francisco County, and City and County of San Francisco (“the City” or 

“Defendants”) for Preliminary Approval of Settlement Agreement was heard by this Court on 

___________, 2010, at _________ a.m. The parties have advised the Court that they have 

settled this action, and that the terms of such settlement are memorialized in a Settlement 

Agreement (“Agreement”), which has been approved by an ordinance passed by the Board of 

Supervisors and signed by the Mayor. The Court has reviewed and considered the Agreement, 

the record in this case, and the arguments of counsel. Therefore, for good cause appearing, it is 

hereby ordered as follows: 

1. The proposed settlement set forth in the Agreement is hereby preliminarily 

approved as being within the range of reasonableness such that notice thereof should be given to 

the settlement class members. 

2. The class notice, attached as Exhibit B to the Declaration of Ronald Elsberry in 

Support of Joint Motion for Preliminary Approval of Settlement Agreement, is hereby approved 

as to form, with the exception that the sentence on page 4, beginning with “If you wish to be 

on the service list,” shall be deleted.

3. The proposed settlement class is hereby certified subject to final approval of the 

Agreement. 

4. The parties are hereby authorized to issue the class notice as follows: 

Within seven days after notice of this order granting preliminary approval, the City shall 

distribute notice of the proposed Agreement advising the settlement class of the terms of the 

proposed Agreement and their right to object to the proposed Agreement. This notice shall be 

published as follows: 

 (a) The City shall post the notice at all the City’s single adult emergency 

shelters, drop-in centers, resource centers, and reservation stations. The notice shall be made 

available in English, Spanish, and large print. The posting of the notice shall continue for a 

period of 35 days.

came before

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WRAP, et al. v. Mayor Newsom, et al., Case No. CV 08-4087 

[Proposed] Order Re: Preliminary Approval of Settlement Agreement

2

 (b) The notice shall also be made available to the Coalition on Homelessness 

for publication as soon as practicable in the next two consecutive issues of the Street Sheet, 

which is published on the first and fifteenth of each month. This notice will include a brief 

statement of the claims released by the class; the date of the hearing on the final approval of the 

class settlement; the deadline for submitting objections to the settlement; the web page(s), 

address(es), and phone and fax numbers that may be used to obtain a copy of the notice of 

proposed settlement of class action lawsuit in the format and language requested. 

 (c) Plaintiffs’ attorneys and Defendants’ attorneys shall provide the notice of 

the proposed settlement of class action lawsuit in English, Spanish, or large print, as requested by 

any class member, advocacy group, government, or their counsel. Copies of the notice of 

proposed settlement of class action lawsuit shall be provided without charge for copying or 

mailing. 

 (d) Plaintiffs’ attorneys shall post the notice of proposed settlement of class 

action lawsuit on the website of Disability Rights Advocates.

 (e) Defendants’ attorneys shall post the notice of proposed settlement of class 

action lawsuit on the website of the San Francisco Human Services Agency. 

5. The Court finds that the forms of notice to the settlement class members regarding 

this action and the settlement, including the methods of dissemination to the proposed settlement 

class members in accordance with the terms of this Order, constitute the best notice practicable 

under the circumstances. 

6. Any settlement class member may enter an appearance in this action and/or may 

seek to intervene in this action, individually or through the counsel of their choice at his or her 

expense. Settlement class members who do not enter an appearance will be represented by Class 

Counsel.

7. Objections by any settlement class member to: (a) the proposed settlement 

contained in the Agreement and described in the class notice; (b) the payment of fees and 

reimbursement of expenses to Plaintiffs’ counsel as set forth in the Agreement; and/or (c) entry 

of the judgment shall be heard, and any papers submitted in support of said objection shall be 

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WRAP, et al. v. Mayor Newsom, et al., Case No. CV 08-4087 

[Proposed] Order Re: Preliminary Approval of Settlement Agreement

3

considered, by the Court at the fairness hearing only if, on or before the 49th day after entry of 

this Order, or July 21, 2010, such objector files with the Clerk of the United States District Court 

for the Northern District of California: (1) a notice of his, her, or its objection and a statement of 

the basis for such objection; and (2) if applicable, a statement of his, her, or its intention to 

appear at the fairness hearing. Copies of the foregoing must also be mailed or delivered to 

counsel for the parties identified in the class notice. In order to be considered for hearing, all 

objections must be submitted to the Court and actually received by the counsel identified in the 

class notice on or before the 49th day after entry of this Order, or July 21, 2010. A settlement 

class member need not appear at the fairness hearing in order for his, her, or its objection to be 

considered.

8. No later than seven days before the fairness hearing, the parties shall file all 

papers in support of the application for final approval of the settlement and/or any papers in 

response to any valid and timely objection with the Court, and shall serve copies of such papers 

upon each other and upon any objector who has complied with the provisions of paragraph 7 of 

this Order.

9. A fairness hearing shall be held by the Court on the first available hearing date 

that is no sooner than 63 days after entry of this Order, or August 13, 2010, at 9:00 a.m., in the 

United States District Court for the Northern District of California, 450 Golden Gate Avenue, 

San Francisco, California 94102, to consider and determine whether the proposed settlement of 

the action on the terms set forth in the Agreement should be approved as fair, just, reasonable, 

adequate, and in the best interests of the settlement class; whether Plaintiffs’ counsel’s attorneys’ 

fees and reimbursement of expenses should be approved; and whether an Order approving the 

settlement and dismissing the action on the merits and with prejudice against the Plaintiffs and 

all settlement class members, subject to the Court retaining jurisdiction to administer and enforce 

the Agreement, should be entered. 

10. The fairness hearing may, from time to time and without further notice to the 

settlement class members (except those who have filed timely and valid objections or entered an 

appearance), be continued or adjourned by order of the Court.

filed with

July 30, 2010

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WRAP, et al. v. Mayor Newsom, et al., Case No. CV 08-4087 

[Proposed] Order Re: Preliminary Approval of Settlement Agreement

4

11. Each party shall bear its own costs to effect notice as described in Paragraph 4, 

supra.

IT IS SO ORDERED.

DATED:__________________ __________________________________________

 HON. MAXINE M. CHESNEY 

 UNITED STATES DISTRICT COURT JUDGE 

June 2, 2010

Case 3:08-cv-04087-MMC Document 93 Filed 06/02/10 Page 5 of 5