Daniel Beirne v. Trepco Imports and Distribution Ltd.

Filing 34

JUDGMENT AFTER FINAL APPROVAL OF CLASS ACTION SETTLEMENT by Judge Cormac J. Carney, in favor of Daniel Beirne against Trepco Imports and Distribution Ltd. The Court approves plaintiff Daniel Beirne as Class Representative, including his enhancemen t award of $5,000. The Court approves the $7,000 Claims Administration Fee to be paid to Simpluris. The Court approves Class Counsels request for Attorneys Fees in the amount of $73,363.75 (25% of the common fund after deducting counsels and Simpluris, Inc.s fees) and $9,545 in Costs. The Court approves the $7,500 LWDA Payment. (twdb)

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11/16/2020

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA - EASTERN DIVISION

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DANIEL BEIRNE, individually, on
behalf of all others similarly
situated,

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Plaintiff,
vs.

Case No.: 5:19-cv-00170-CJC-KKx

JUDGMENT AFTER FINAL
APPROVAL OF CLASS ACTION
SETTLEMENT

TREPCO IMPORTS &
DISTRIBUTION, LTD, a Michigan
Corporation; and DOES 1 through
250, inclusive,
Defendants.

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On September 16, 2020, the Court conducted a hearing on Plaintiffs’

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unopposed Motion in Support of Final Approval of Class Action Settlement,

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including Plaintiff’s Request for Attorney’s Fees and Costs (“Motion”). The

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Court considered the Motion papers, and GOOD CAUSE appearing, IT IS

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HEREBY ORDERED that the Motion is GRANTED and JUDGMENT be entered

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by the clerk as follows:

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The Court approves the Settlement memorialized in the Joint

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Stipulation of Class and Representative Action Settlement and the Notice of Class

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Action Settlement.

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2.

The Court certifies the following Settlement Class for settlement

purposes only pursuant to Rule 23 of the Federal Rule of Civil Procedure:

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(1) all current and/or former non-exempt employees that worked for

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Trepco in hourly positions from November 13, 2015, and through the

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date of preliminary approval (July 28, 2020), excluding any persons

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who opt out.

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3.

The Court finds, solely for purposes of the Settlement, that: (a) the

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Settlement Class is so numerous that joinder of all Settlement Class Members is

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impracticable; (b) there are questions of law and fact common to the Settlement

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Class that predominate over any individual questions; (c) the claims of the Named

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Plaintiffs are typical of the claims of the Settlement Class; (d) Named Plaintiffs

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and Class Counsel will fairly and adequately represent and protect the interests of

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the Settlement Class; and (e) a class action is superior to all other available

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methods for the fair and efficient adjudication of the controversy. The Court

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further finds that the Settlement falls within the range of reasonableness of a

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settlement that could ultimately be granted final approval by the Court, and merits

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submission to Class Members for their consideration. All capitalized terms used

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in this Order shall have the same defined meanings as set forth in the Joint

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Stipulation of Class Action Settlement and Release, unless stated otherwise.

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4.

The Court appoints Brent S. Buchsbaum and Laurel Haag of the Law

Offices of Buchsbaum & Haag, LLP, as Class Counsel.
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The Court approves plaintiff Daniel Beirne as Class Representative,

including his enhancement award of $5,000.
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The Court appoints Simpluris, Inc. as the Claims Administrator.

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Page 2

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8.

The Court approves the $7,000 Claims Administration Fee to be paid

to Simpluris.
9.

The Court approves Class Counsel’s request for Attorney’s Fees in

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the amount of $73,363.75 (25% of the common fund after deducting counsel’s and

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Simpluris, Inc.’s fees) and $9,545 in Costs.

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10.

The Court approves the $7,500 LWDA Payment.

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IT IS SO ORDERED.

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DATED: November 16, 2020

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HON. CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE

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