Grayling Taylor et al v. Shippers Transport Express Inc et al

Filing 249

AMENDED JUDGMENT by Judge Beverly Reid O'Connell. (jloz)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 10 11 12 13 14 15 16 17 CENTRAL DISTRICT OF CALIFORNIA ) GRAYLING TAYLOR, an individual, ) Case No.: CV13-02092-BRO(PLAx) and BRUCE BROWN, an individual, ) on behalf of themselves and others ) similarly situated, ) AMENDED JUDGMENT ) Plaintiffs, ) ) vs. ) Hon. Beverly Reid O’Connell SHIPPERS TRANSPORT EXPRESS, ) INC., a California corporation; SSA ) MARINE, INC., a Washington ) corporation; and DOES 1 to 10, ) inclusive, ) ) Defendants. ) ) 18 19 20 21 On May 14, 2015, this Court issued an Order granting Plaintiffs’ Motions for Final Approval of Class Action Settlement and Attorneys’ Fees (Document No. 246). For all the reasons stated in that Order, the Court GRANTS final approval of the Settlement 22 23 24 reached between the parties in this class action, and GRANTS Plaintiffs’ Motion for Fees, as follows: 25 -1AMENDED JUDGMENT 1 1. This Judgment incorporates by reference the definitions in the Settlement 2 and all capitalized terms used in this Judgment that are not otherwise defined shall have 3 the same meanings as set forth in the Settlement. 4 2. The Court finds that this Settlement satisfies the requirements for class 5 6 action settlement under Rule 23 of the Federal Rules of Civil Procedure and further finds 7 that the Class Members have at all times been adequately represented by the class 8 representative and Class Counsel. The Class includes that class of drivers certified by the 9 Court's March 10, 2014 order (Document No. 71), plus any other driver who entered into 10 11 a truck lease agreement with Shippers Transport Express, Inc. in California after the 12 Claims Administrator, Gilardi & Company, LLC, first sent notice of the class action in 13 June 2014 through the date of the preliminary settlement approval on March 4, 2015. 14 15 The Class also includes those Class Members who were identified and subsequently 16 agreed to by the parties during the claims administration process, as shown in Exhibit A 17 hereto. The Class does not include the 12 drivers listed in Exhibit B hereto who timely 18 and validly opted out upon notice of class certification. 19 20 3. The Court finds that the Notice given to the Class Members fully complied 21 with Rule 23, was the best notice practicable, satisfies the requirements of due process, 22 and provides the Court with jurisdiction over the Class Members. 23 4. The Court has concluded that the Settlement as set forth in the Settlement 24 25 Agreement executed by the parties is fair, reasonable, and adequate. The Court finds the -2AMENDED JUDGMENT 1 2 3 $11,040,000 Class Settlement Amount established pursuant to the Settlement Agreement is reasonable and adequate. 5. The Court finds that the plan for distribution of the Net Settlement Amount 4 among the Class Members as described in the Settlement Agreement is fair and 5 6 7 8 reasonable. 6. The Settlement is hereby APPROVED in all respects, and the releases encompassed therein are effectuated. 9 7. The Court AWARDS Class Counsel attorneys’ fees in the amount of 10 11 12 13 $3,680,000. 8. The Court AWARDS Class Counsel reimbursement of costs in the amount of $291,160.45. 14 15 9. The Court AWARDS an incentive payment to Named Plaintiffs Bruce 16 Brown and Grayling Taylor in the amount of $15,000 each; and to active class members 17 Elroy Lambey and Mario Giron the amounts of $10,000 and $7,500, respectively. 18 10. The Court APPROVES the payment of civil penalties under California’s 19 20 Private Attorney General Act in the amount of $50,000. Pursuant to the prescribed 21 allocation under section 2699 of the California Labor Code, 75% of said amount shall be 22 distributed to the Labor and Workplace Development Agency and 25% shall revert to and 23 be deemed part of the Net Settlement Amount for distribution to the Class Members. 24 25 -3AMENDED JUDGMENT 1 2 3 11. The Court approves payment of the administration costs to the Claims Administrator, Gilardi & Co. LLC, in the amount of $29,300.80. 12. The Court hereby gives final approval to, and orders that the payment of, the 4 amounts described in paragraphs 6 to 10 above be paid out of the Class Settlement 5 6 7 8 Amount in accordance with the Settlement Agreement. 13. The parties are hereby ordered to consummate the Settlement in accordance with the terms and provisions therein. 9 14. The First Amended Complaint filed on February 22, 2013, is hereby 10 11 dismissed with prejudice, without costs to any party, except as otherwise provided in the 12 Settlement Agreement. 13 15. This document shall constitute a final judgment with respect to the claims of 14 15 16 17 the Class Members for purpose of Rule 58 of the Federal Rules of Civil Procedure. 14. Without affecting the finality of this Judgment in any way, this Court retains continuing jurisdiction over: (i) implementation of the Settlement; (ii) the allowance, 18 disallowance or adjustment of any Class Member’s claim on equitable grounds and any 19 20 award or distribution of the Class Settlement Amount; (iii) disposition of the Class 21 Settlement Amount; (iv) all Parties for the purpose of construing, enforcing and 22 administering the Settlement and this Judgment; and (v) other matters related or ancillary 23 to the foregoing. 24 25 -4AMENDED JUDGMENT 1 16. Pursuant to 28 U.S.C. § 1715 (d), this Judgment granting final approval of 2 the proposed settlement may not be issued or entered earlier than June 4, 2015 which is 3 90 days after the date on which the appropriate Federal and State officials were served 4 with the notice required under subsection (b). The Court expressly directs the Clerk of 5 6 Court to enter judgment in accordance with these terms. 7 8 Dated: June 4, 2015 9 10 11 ____________________________ Beverly Reid O’Connell UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -5AMENDED JUDGMENT EXHIBIT A Exhibit A: Class Members Identified and Agreed to by the Parties During Claims Administration 1. 2. 3. 4. 5. 6. 7. KEITH DAFNEY REYES OMAR GONZALES CARLOS GARCIA JORGE GONZALEZ OSWALD RIVAS ENRIQUE PEREZ ARNOLDO ANTONIO OSTORGA EXHIBIT B List of timely Requests for Exclusion First Name 1 2 3 4 5 6 7 8 9 10 11 12 Last Name CRUZ EDGARDO JESUS (JOSE) ROBERTO DAVID JOSE ERIC MOISES JOSE ANTONIO RENATO PEIXOTO DILLINGER OSCAR OTTO HERNAN ROBLETO AGUILAR ALVAREZ GALLEGOS BONILLA CABADAS CACERES CALIX ESTRADA FERRANTE GONZALEZ MARMOL MARTINEZ OROCHELA

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