It is perfunctory for Courts approving settlements to write about the strength of the parties' positions and the risks of litigation, while generally ignoring such things as whether class action status could be maintained until judgment, and particularly turning a blind eye to the amount of discovery taken in the given case before the settlement. Such was the case earlier this year for example in Ellsworth v. U.S. Bank, N.A., 2015 WL 1883911, *3-*4 (N.D. Cal. April 23, 2015)(Beeler, USMJ).
Then the Magistrate Judge did something I have not often seen until recently. It is now pretty much boilerplate to include language like the following in motions requesting settlement approval and in Orders approving settlements of large cases, it seems: