Larry Craft v. RWI Transportation, LLC et al
Filing
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ORDER AND FINAL JUDGMENT by Judge Stephen V. Wilson. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: The Final Judgment incorporates by reference the definitions in the Settlement Agreement, and all capitalized terms used in this Final Judgment will have the same meanings as set forth in the Settlement Agreement, unless otherwise defined in this Final Judgment. (See document for details) (MD JS-6, Case Terminated). (mrgo)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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LARRY CRAFT, an individual; on
Case No. 2:17-cv-05289-SVW
behalf of himself and all others similarly
situated,
[Assigned to Hon. Stephen V. Wilson]
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Plaintiffs
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RWI TRANSPORTATION,LLC a
California corporation and DOES 1
through 50, inclusive,
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Defendants.
[
PR~~~3~%D] ORDER AND FINAL
JUDGMENT
[Filed concurrently with Notice of
Motion and Motion for Final Approval
of Class Action Settlement;
Memorandum of Points and Authorities
in Support Thereof; Declaration of
Brian S. Kabateck; and Declaration of
Will Henry]
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Date:
December 3, 2018
Time:
1:30 p.m.
Courtroom: 1 OA
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Complaint Filed: June 19, 2017
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[
PROPOSED]ORDER AND FINAL JUDGMENT
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A Fairness Hearing was held before this Court on December 3, 2018, to
consider, among other things, whether the Settlement Agreement("Settlement
Agreement" or "Settlement") between Plaintiff Larry,Craft(the "Class
Representative" or "Named Plaintiff') and Defendant RWI Transportation, LLC
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"Defendant" or "RWI")(collectively the "Parties"), represents a fair, reasonable
and adequate compromise of the action. Having considered the evidence
submitted and argued by the Parties, and any objections to the Settlement
submitted,
GOOD CAUSE APPEARING,IT IS HEREBY ORDERED,
ADJUDGED AND DECREED THAT:
The Final Judgment incorporates by reference the definitions in the
Settlement Agreement, and all capitalized terms used in this Final Judgment will
have the same meanings as set forth in the Settlement Agreement, unless
otherwise defined in this Final Judgment.
This Court has jurisdiction over the subject matter of the Action, the Class
Representative, the Settlement Class, and Defendant. Final approval of the
Settlement, and entry of a final judgment an order of dismissal is hereby
GRANTED.
This Court finds that the Settlement Agreement is the product of good faith
arms-length negotiations by the Parties, each of whom was represented by
experienced counsel.
The Court finds that the class proposed for purposes of the Settlement
meets the requirements of Fed. R. Civ. P. 23(a), and 23(b)(2) and (3), and hereby
certifies a Settlement Class in the Action as follows:
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All individuals who Defendant classified as independent contractors
who drove under load for RWI and/or whose tractor was driven
under load from RWI to or from California under RWI's DOT
authority at any time from June 19, 2013, through March 31, 2018.
[
PROPOSED]ORDER AND FINAL JUDGMENT
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The Court approves all terms set forth in the Settlement Agreement and the
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Settlement reflected therein, and finds that such Settlement is, in all respects,
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fair, reasonable, adequate and in the best interests of the Settlement Class
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Members, and the Parties to the Settlement Agreement are directed to
consummate and perform its terms.
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The Parties dispute the validity of the claims in this matter, and their
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dispute underscores not only the uncertainty of the outcome but also why the
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Court finds the Settlement Agreement to be fair, reasonable, adequate, and in the
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best interests of the Settlement Class Members. Beyond facing uncertainty
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regarding the resolution of those issues, by continuing to litigation the Settlement
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Class Members would also face the challenge of surviving an appeal of any class
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certification order entered in the Action, and any other adverse rulings rendered
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at trial.
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Any request to intervene in this matter and/or the Settlement Agreement
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that is filed after the date this Judgment is entered shall be and hereby is deemed
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untimely.
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The Court finds that the Notices provided for in the Order of Preliminary
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Approval of Settlement have been provided to the Settlement Class and the
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Notices provided to the Settlement Class constituted the best notice practicable
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under the circumstances, and was in full compliance with the notice requirements
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of Rule 23 of the Federal Rules of Civil Procedure, due process, the United
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States Constitution, and any other applicable law. The Notices apprised the
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members of the Settlement Class of the pendency of the litigation, of all material
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elements of the proposed Settlement, including but not limited to the relief
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afforded the Settlement Class under the Settlement Agreement, of the res
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udicata effect on members of the Settlement Class and of their opportunity to
submit disputes; object to, comment on, or opt-out of the Settlement; and of the
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[
PROPOSED]ORDER AND FINAL JUDGMENT
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right to appear at the Fairness Hearing. Full opportunity has been afforded to
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members of the Settlement Class to participate in this Fairness Hearing.
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Accordingly, the Court determines that all Settlement Class Members are bound
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by this Final Judgment in accordance with the terms provided herein.
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In accordance with sections I.BB. of the Settlement Agreement, upon entry
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of this Final Judgment, all Participating Class Members will be deemed to have
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completely released and forever discharged the Released Parties from all known
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and unknown claims, losses, damages, liquidated damages, demands, penalties,
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interest, liabilities, causes of action, complaints or suits, at law or in equity, that
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Were alleged or could have been alleged based on the facts in the Operative Class
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Action Complaint, including but not limited to, claims for unreimbursed business
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-the-clock" work
expenses and unlawful deduction, unpaid wages or overtime,"off
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and premium wages for alleged meal and/or rest period violations, failure to timely
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pay wages upon termination, claims made under California Labor Code section
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201, 202, 203, 221, 226, 226.3, 226.7, 226.8, 510, 512, 1194, 1194.2, 1997, 2802,
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all similar provisions or requirements of the California Industrial Welfare
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Commission Wage Order 9-2001 and California Business and Professions Code
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section 17200, et seq., or any other federal, state, or local law, which the Class
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and/or any Class Member has ever had, or hereafter may claim to have, for the
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Class Period, except for claims brought under the Fair Labor Standards Act, 29
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U.S.C. section 210, et seq. (to be released only by FLSA Settlement Class
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(A)(3) of the
Members as defined in Paragraph I(P) and as set forth in Paragraph II
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Settlement Agreement), and for claims for workman's compensation.
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In accordance with section III.A. of the Settlement Agreement, in exchange
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for consideration recited in the Settlement Agreement, all Participating Class
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Members, on behalf of themselves and on behalf of their current, former, and
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future heirs, executors, administrators, attorneys, agents, and assigns, do hereby
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and forever release, waive, acquit and discharge the Released Parties from the
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PROPOSED]ORDER AND FINAL JUDGMENT
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Released Claims.
In accordance with section III.B. of the Settlement Agreement, the
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Participating Class Members are deemed by operation of the Order Granting Final
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Approval to have agreed not to institute any action, nor accept back liquidated
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damages, punitive damages, penalties of any nature, attorney's fees and costs, or
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any other relief from any other suit, class or collective action, administrative claim
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or other claim of any sort or nature whatsoever against Defendant, for the
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Settlement Class Period for any Released Claims.
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The settlement of civil penalties under PAGA in the amount of Twenty-Five
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Thousand Dollars ($25,000) is hereby approved. Seventy-Five Percent(75%), or
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$18,750, shall be paid to the California Labor and Workforce Development
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Agency. The remaining Twenty-Five Percent(25%), or $5,250, will be paid to
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Participating Class Members.
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The Court approves settlement administration costs and expenses in the
amount of $12,000 to CPT Group, Inc.
Defendant shall pay Class Members pursuant to the procedure described in
the Settlement Agreement.
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The Named Plaintiff expressly waives all rights and benefits afforded by
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Section 1542 of the California Civil Code as to any claims he does not know or
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suspect to exist in his favor against any of the Released Parties and does so
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understanding the significant of that waiver. Section 1542 provides:
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A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor.
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Per Section VII. of the Settlement Agreement, nothing in the Settlement
Agreement will constitute or be considered an admission by or on behalf of either
[
PROPOSED]ORDER AND FINAL JUDGMENT
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Defendant or any Released Party, of any wrongdoing or liability or of the accuracy
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of any allegation made in connection with these Class Actions or in any other
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matter.
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Pursuant to Federal Rule of Civil Procedure Rule 23, the Settlement
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Agreement will be enforceable by the Court. This Court will have and retain
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continuing jurisdiction over the Class Action, and over all Parties and Class
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Members, to the fullest extent necessary or convenient to enforce and effectuate
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the terms and intent of the Settlement Agreement and all matters provided for in it,
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and to interpret it.
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The Parties have so agreed, good cause appearing, and there being no just
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reason for delay, it is expressly directed that this Final Judgment and order of
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dismissal with prejudice be, and hereby is, entered as a final and appealable order.
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IT IS SO ORDERED.
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DATED:`~~ ~(~ ~~
JUDGE OF THE DISTRICT COURT
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[
PROPOSED]ORDER AND FINAL JUDGMENT
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