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IN RE SYNCOR ERISA LITIGATION

No. 06-55265.

516 F.3d 1095 (2008)

In re SYNCOR ERISA LITIGATION, Carol Pilkington; Donna Brown; Karen Thompson; Cynthia Dunn; Antoinette Hart; Shirley Nobrega; Deborah Pinner; Pamela Thomson; Cherie Brannan, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Cardinal Health, Inc.; Robert D. Walter; Paul S. William, Defendants, and Syncor International Corporation; Robert G. Funari; Monty Fu, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 19, 2008.

Attorney(s) appearing for the Case

T. David Copley, Lynn Lincoln Sarko, Ron Kilgard, Elizabeth A. Leland, Laura R. Gerber, Keller Rohrback, L.L.P., Seattle, WA; Edward W. Ciolko, Joseph Meltzer, Gerald Wells III, and Mark Gyandoh, Schiffrin Barroway Topaz & Kessler, LLP, Radnor, PA; and Christopher Kim, Lisa J. Yang, Lim, Ruger & Kim, LLP, Los Angeles, CA, for the plaintiffs-appellants.

Daniel S. Floyd, Law Offices of Gibson, Dunn & Crutcher LLP, Los Angeles, CA, for the defendants-appellees.

Before: KIM McLANE WARDLAW, CARLOS T. BEA, and N. RANDY SMITH, Circuit Judges.

N.R. SMITH, Circuit Judge:

We hold that, when parties (1) enter into a binding class action settlement agreement, which requires court approval pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, and (2) provide the required notice of the settlement to the district court prior to the district court's entry of the final judgments, the district court should hold a hearing and review the settlement agreement to determine if it is fair, reasonable, and adequate...

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