Rebekah Geare v. Lululemon USA Inc et al

Filing 88

ORDER GRANTING: (1) FINAL APPROVAL OF CLASS SETTLEMENT AND APPROVAL OF PAGA SETTLEMENT; AND (2) AN AWARD OF ATTORNEYS FEES AND COSTS AND PLAINTIFFS SERVICE AWARDS JUDGMENT AND FINAL JUDGMENT by Judge S. James Otero:The Court has concluded that the S ettlement is fair, reasonable, and adequate under state and federal laws. The Court finds that the uncertainty and delay of further litigation strongly supports the reasonableness and adequacy of the $450,000.00 Gross Settlement Amount provided for in the Settlement.The Settlement Fund shall be dispersed in accordance with the Settlement as detailed in the Renewed Motion for Preliminary Approval of Class Settlement and Approval of PAGA Settlement.Representative Plaintiffs Rebekah Geare and Rain Mitchell are herebyawarded $3,500.00 each.Plaintiffs' Counsels application for Attorneys fees in the amount of $90,000.00, and costs in the amount of $11,159.49 is hereby granted. KCC Class Action Services, LLC is confirmed as the Claims Administrator and is awarded $25,000.00 in claims administration feesand expenses. The above action, Geare et al., v. Lululemon USA, Inc., Case No. 2:12- cv-09996 SJO (JEMx), is hereby DISMISSED WITH PREJUDICE, with eachparty to bear his, her, or its own costs, except as set forth herein, and with this Court retaining exclusive jurisdiction to enforce the Settlement, including over disbursement of the Settlement funds. (MD JS-6, Case Terminated). (lc)

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PAWEL R. SASIK (SBN 240672)
[e-mail]
THE LAW OFFICES OF PAWEL R. SASIK
5350 Topanga Canyon Boulevard
Woodland Hills, California 91364
Tel.: [phone]

JS-6

ANDREW J. SOKOLOWSKI (SBN 226685)
[e-mail]
THE LAW OFFICE OF ANDREW J. SOKOLOWSKI
2276 Torrance Boulevard
Torrance, California 90501
Tel.: [phone]
Fax: [phone]
RHETT T. FRANCISCO (SBN 232749)
[e-mail]
THE LAW OFFICES OF RHETT T. FRANCISCO
5350 Topanga Canyon Boulevard
Woodland Hills, California 91364
Tel.: [phone]
Fax: [phone]
Attorneys for Plaintiffs
REBEKAH GEARE and RAIN MITCHELL

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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REBEKAH GEARE, an individual;
RAIN MITCHELL, an individual; on
behalf of themselves, on behalf of all
others similarly situated, and as
aggrieved employees under the
California Private Attorney General
Act,

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CASE NO. CV 12-9996-SJO (JEMx)
ORDER GRANTING:

Plaintiffs,
v.
LULULEMON USA INC., and DOES
1-100, inclusive,
Defendant.

(1) FINAL APPROVAL OF CLASS
SETTLEMENT AND APPROVAL
OF PAGA SETTLEMENT; AND
(2) AN AWARD OF ATTORNEYS’
FEES AND COSTS AND
PLAINTIFFS’ SERVICE
AWARDS
DATE:
TIME:
CTRM.:

August 14, 2014
10:00 a.m.
1

Assigned to the Honorable S. James Otero

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-1[PROPOSED] ORDER GRANTING FINAL APPROVAL AND
AWARDING FEES, COSTS, AND SERVICE AWARDS
CASE NO. CV 12-9996-SJO (JEMx)

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Plaintiffs’ concurrently-filed Motions for (a) Final Approval of Class
Settlement and Approval of PAGA Settlement (“Final Approval Motion”) and (b)
An Award of Attorneys’ Fees and Costs and Plaintiffs’ Service Awards (“Fee
Motion”) came before this Court on August 14, 2014. The proposed settlement in
this case was preliminarily approved by this Court on February 6, 2014. Pursuant
to the Court’s Preliminary Approval Order and the Notice provided to the Class, the
Court conducted a final fairness hearing as required by Federal Rule of Civil
Procedure 23(e). The Court has reviewed the materials submitted by the parties and
has heard arguments presented by counsel at the hearing. For the reasons cited on
the record as well as those stated hereafter, the Court finds and orders as follows:
The Court hereby grants final approval of the Class Settlement based upon
the terms set forth in the Preliminary Approval Order (ECF No. 79) and the
Revised Stipulation of Settlement and Release Between Plaintiffs and Defendants
(“Settlement”; ECF No. 72-1) filed by the parties. The Settlement appears to be
fair, adequate, and reasonable to the Class.
1.

The Court finds that this action satisfies the requirements of Rule 23

and further finds that the Class has at all times been adequately represented by the
Named Plaintiffs and Class Counsel.
2.

The Notice approved by the Court was provided by First Class direct

mail to the last-known address of each of the individuals identified as Class
Members. In addition, follow-up efforts were made to send the Notice to those
individuals whose original notices were returned as undeliverable. The Notice
adequately described all of the relevant and necessary parts of the proposed
Settlement, the request for service awards to the Named Plaintiffs, claims
administrator costs, and Class Counsel’s motion for an award of attorneys’ fees and
-2[PROPOSED] ORDER GRANTING FINAL APPROVAL AND
AWARDING FEES, COSTS, AND SERVICE AWARDS
CASE NO. CV 12-9996-SJO (JEMx)

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costs.
3.

The Court finds that the Notice given to the Class fully complied with

Rule 23, was the best notice practicable, satisfied all constitutional due process
concerns, and provides the Court with jurisdiction over the Class Members.
4.

The Court has concluded that the Settlement is fair, reasonable, and

adequate under state and federal laws. The Court finds that the uncertainty and
delay of further litigation strongly supports the reasonableness and adequacy of the
$450,000 Gross Settlement Amount provided for in the Settlement.
5.

Out of the 2,573 identified Class Members who were notified, none

has objected to any aspect of the proposed settlement and only 6 have requested
exclusion. The reaction of the Class to the proposed settlement strongly supports
the conclusion that the proposed Settlement is fair, reasonable, and adequate.
6.

The Settlement is HEREBY APPROVED in its entirety.

7.

The Settlement Fund shall be dispersed in accordance with the

Settlement as detailed in the Renewed Motion for Preliminary Approval of Class
Settlement and Approval of PAGA Settlement, granted on February 6, 2014.
8.

Representative Plaintiffs Rebekah Geare and Rain Mitchell are hereby

awarded $3,500 each for their time and effort in pursuing this litigation.
9.

Plaintiffs' Counsel’s application for Attorneys’ fees in the amount of

$90,000.00, and costs in the amount of $11,159.49 is hereby granted in accordance
with In re Immune Response Sec. Litig., 497 F. Supp. 2d 1166, 1175 (S.D. Cal.
2007); Staton v. Boeing Co., 327 F.3d 938, 967 (9th Cir. 2003); and Boeing Co. v.
Van Gemert, 444 U.S. 472, 478 (1980).
10.

KCC Class Action Services, LLC is confirmed as the Claims

Administrator. In addition, the Court finds that good cause exists to increase the
claims administration costs from $23,000.00 to $25,000.00 (a $2,000.00 increase)
for the reasons set forth in Plaintiffs’ Final Approval Motion and the Declaration of
-3[PROPOSED] ORDER GRANTING FINAL APPROVAL AND
AWARDING FEES, COSTS, AND SERVICE AWARDS
CASE NO. CV 12-9996-SJO (JEMx)

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Andy Morrison. The Court further finds that such an increase is provided for in the
terms of the Settlement and that the Class Members received adequate notice that
such an increase was possible. The increase is further justified by the fact that
Class Counsel are only seeking $11,159.49 in litigation costs – which is below the
initial $20,000.00 estimate approved by the Court, which means that the Net
Settlement Amount will be greater than initially anticipated. Accordingly, KCC
Class Action Services, LLC is awarded $25,000.00 in claims administration fees
and expenses.
11.

The above action, Geare et al., v. Lululemon USA, Inc., Case No. 2:12-

cv-09996 SJO (JEMx), is hereby DISMISSED WITH PREJUDICE, with each
party to bear his, her, or its own costs, except as set forth herein, and with this
Court retaining exclusive jurisdiction to enforce the Settlement, including over
disbursement of the Settlement funds.
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-4[PROPOSED] ORDER GRANTING FINAL APPROVAL AND
AWARDING FEES, COSTS, AND SERVICE AWARDS
CASE NO. CV 12-9996-SJO (JEMx)

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12.

The Court enjoins any Class Member, whether acting directly, in a

representative capacity, or in any other capacity, and whether or not any such Class
Member has appeared in the litigation, from asserting, instituting or prosecuting in
any capacity in any court or governmental agency any claims released in the
Settlement against Defendants or any other parties released by the Settlement,
unless the Class Member has sent a timely exclusion form opting out of the
Settlement.
This is a final judgment.
IT IS SO ORDERED.
Dated: August 14, 2014

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THE HONORABLE S. JAMES OTERO
UNITED STATES DISTRICT COURT

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-5[PROPOSED] ORDER GRANTING FINAL APPROVAL AND
AWARDING FEES, COSTS, AND SERVICE AWARDS
CASE NO. CV 12-9996-SJO (JEMx)