Barrette Jasper v. C.R. England, Inc. et al

Filing 290

FINAL ORDER AND JUDGMENT APPROVING CLASS ACTION SETTLEMENT by Judge George H. Wu, The Court hereby awards $2,450,000 in Class Counsel Attorneys Fees and $232,500 in Class Counsels Litigation Costs. The Court hereby awards $42,440.40 in attorneys fees and $6,953.60in expenses to counsel for the Campbell Objectors, Swartz Swidler, LLC, whichamounts are to be paid from the Gross Settlement(MD JS-6, Case Terminated). (pj)

JS-6
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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BARRETTE JASPER and DARRIN

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similarly situated,
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Plaintiffs,
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v.
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C.R. ENGLAND, INC.; and DOES 1-100, )
Inclusive.
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Defendants.
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11 COOK, on behalf of himself and others
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Case No.: CV 08-5266-GW(CWx)
CLASS ACTION
FINAL ORDER AND JUDGMENT
APPROVING CLASS ACTION
SETTLEMENT
Action Filed: July 1, 2008
Trial Date:
TBD___________

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Case No.: 08-CV-05266 GW (CWx)
VAN VLECK
TURNER & ZALLER, LLP

[PROPOSED] ORDER RE
FINAL APPROVAL

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ORDER

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The Final Fairness and Approval Hearing was conducted on November 3,

3 2014, at 8:30 a.m. before George W. Wu in Courtroom 10 the United States District
4 Court, Central District of California, located at 312 N. Spring St, Los Angeles,
5 California 90012. Plaintiffs were represented by Brian F. Van Vleck and Anthony
6 J. Zaller of the Van Vleck Turner & Zaller, LLP, and Defendant C.R. England, Inc.
7 was represented by James H. Hanson and R. Jay Taylor, Jr. of Scopelitis, Garvin,
8 Light, Hanson, and Feary, P.C., and Christopher McNatt of Scopelitis, Garvin,
9 Light, Hanson, and Feary, LLP.
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After full consideration of the pleadings and evidence submitted, proof being

11 made to the satisfaction of this Court and good cause appearing therefore, and for the
12 reasons set forth in the Court’s Final Ruling entered on November 5, 2014, Docket
13 No. 288,

IT IS HEREBY ORDERED THAT:

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1.

This Court has jurisdiction over the subject matter of the above-

16 captioned litigation and over all parties to this litigation, including all members of the
17 Settlement Class.
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2.

This Court hereby incorporates by reference the definitions of the

19 Stipulation of Settlement, filed in this matter as Docket No. 226-1 on February 18,
20 2014, as though fully set forth herein, and all terms used herein shall have the same
21 meaning as set forth in the Settlement Agreement.
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3.

The Court hereby approves the Settlement set forth in the Settlement

23 Agreement as fair, reasonable, and adequate, and in the best interests of the
24 Settlement Class. The Court makes this finding based on a weighing of the strength
25 of Plaintiffs’ claims and Defendant’s defenses with the risk, expense, complexity,
26 and duration of further litigation. The Court also finds that the Settlement is the
27 result of non-collusive arms-length negotiations between experienced counsel
28 representing the interests of the Class and Defendant, after thorough factual and
Case No.: 08-CV-05266 GW (CWx)
VAN VLECK
TURNER & ZALLER, LLP

1

[PROPOSED] ORDER RE
FINAL APPROVAL

1 legal investigation. In granting final approval of the Settlement, the Court considered
2 the nature of the claims, the amounts and kinds of benefits paid in settlement, the
3 allocation of settlement proceeds among the Class Members, and the fact that the
4 Settlement represents a compromise of the parties’ respective positions rather than
5 the result of a finding of liability at trial. Additionally, the Court finds that the terms
6 of the Settlement have no obvious deficiencies and do not improperly grant
7 preferential treatment to any individual Class Member. The Court further finds that
8 the response of the Class to the Settlement supports final approval of the Settlement.
9 Accordingly, pursuant to Rule 23(e), the Court finds that the terms of the Settlement
10 are fair, reasonable, and adequate to the Class and to each Class Member. Staton v.
11 Boeing, 327 F.3d 938, 960 (9th Cir. 2003). The Court also hereby finds that
12 Plaintiffs have satisfied the standards and applicable requirements for final approval
13 of this class action settlement under Rule 23. Accordingly, the Court grants final
14 approval to the Settlement Agreement and all terms and provisions of the Settlement
15 Agreement are ordered to be completed.
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The Court hereby unconditionally certifies, for purposes of settlement

17 only, the Settlement Class, defined in the Court’s Preliminary Approval Order (ECF
18 No. 232) and in Article I, Section 5 of the Settlement Agreement as “current and
19 former employee truck drivers of England, including full-time and part-time drivers,
20 driver trainees, and Phase 1 and Phase 2 drivers, who resided in California and
21 worked for England at any time during the Class Period.”
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5.

Upon the Effective Date of Settlement as set out in the Settlement

23 Agreement, the Settlement Classes, in this action and all members of the Classes who
24 have not submitted a valid and timely request for exclusion from the Settlement
25 Classes, shall be deemed to have conclusively, fully, and completely released and
26 discharged Released Parties from all Released Claims.
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The Court hereby awards $2,450,000 in Class Counsel Attorneys’ Fees

28 and $232,500 in Class Counsel’s Litigation Costs incurred in the above-captioned
Case No.: 08-CV-05266 GW (CWx)
VAN VLECK
TURNER & ZALLER, LLP

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[PROPOSED] ORDER RE
FINAL APPROVAL

1 litigation. The Court also awards Incentive Awards to the Class Representatives as
2 follows: $7,500 to Barrette Jasper and $10,000 to Darren Cook.
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Payment of $10,000 is to be made to the California Labor Workforce

4 Development Agency as provided in the Settlement Agreement.
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The Court authorizes and directs the Settlement Administrator to

6 calculate and make payments to all Class Members who made timely, valid claims as
7 provided for in the Settlement Agreement.
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The Court overrules the Objections filed by Jim Wilson and others (the

9 “Campbell Objectors”) (ECF No. 243) for the reasons stated on the record and in the
10 Court’s previous Orders. Any additional objections submitted by the Campbell
11 Objectors after the objection deadline are overruled as untimely and in any event
12 would have been overruled for the same reasons as the timely Objections.
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The Court hereby awards $42,440.40 in attorney’s fees and $6,953.60

14 in expenses to counsel for the Campbell Objectors, Swartz Swidler, LLC, which
15 amounts are to be paid from the Gross Settlement Amount payable by Defendant
16 pursuant to the Settlement Agreement.
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The Court hereby enters final judgment in accordance with the terms of

18 the Settlement Agreement. The Action is dismissed on the merits with prejudice
19 and without costs to any party except as otherwise provided herein. The Court shall
20 retain jurisdiction over the Settlement Agreement, the parties thereto, and all related
21 matters for interpretation, implementation and enforcement of the Settlement
22 Agreement.
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IT IS SO ORDERED, ADJUDGED, AND DECREED.

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Dated: November 12, 2014

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GEORGE H. WU, U.S. District Judge

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Case No.: 08-CV-05266 GW (CWx)
VAN VLECK
TURNER & ZALLER, LLP

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[PROPOSED] ORDER RE
FINAL APPROVAL