NOT FOR PUBLICATION
ORDER AND MEMORANDUM*
This case is resubmitted as of the date of this order.
Objector-Appellant Brian Perryman appeals the district court's approval of the class settlement agreement reached by Defendant-Appellee Provide Commerce, Inc., Defendant-Appellee Regent Group, Inc., d/b/a Encore Marketing International, and Plaintiffs-Appellees. Perryman contends that the district court abused its discretion in approving the settlement agreement and the attorney's fee award, because the $20 credit offered to the class was a coupon subject to the Class Action Fairness Act, 28 U.S.C. § 1712. Perryman further contends that the district court abused its discretion in approving the cy pres distribution.
This case was originally set for argument on February 2, 2015. That argument date was vacated, and submission was deferred pending resolution of Frank v. Netflix, No. 12-15705+. On February 27, 2015, we decided Frank v. Netflix (In re Online DVD-Rental Antitrust Litig.), No. 12-15705, ___ F.3d ___, 2015 WL 846008 (9th Cir. Feb. 27, 2015). Having reviewed the parties' submissions, we vacate the district court's judgment and remand for further proceedings consistent with Frank. Because class settlement is a package deal that must "stand or fall in its entirety," we need not now address whether the district court abused its discretion in approving the cy pres distribution. See Hanlon v. Chrysler Corp., 150 F.3d 1011, 1026 (9th Cir. 1998). Pursuant to General Order 4.5(e), each party shall bear its own costs on appeal.
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