Fuson v. C. L. Bryant et al

Filing 43

ORDER and JUDGMENT on Final Approval of Class Action Settlement, signed by District Judge Lawrence J. O'Neill on 02/05/08. (Kusamura, W)

Fuson v. C. L. Bryant et al

Doc. 43

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Jerry N. Budin State Bar No. 88539 LAW OFFICE OF JERRY BUDIN 2401 E. Orangeburg Ave., Suite 675-309 Modesto, California 95354 Telephone: [phone] Attorney for Plaintiff, DAVID FUSON, et al.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA (Fresno Division)

DAVID FUSON, individually and on behalf of all others similarly-situated, Plaintiff, vs. C.L. BRYANT, et al., Defendants.

) ) ) ) ) ) ) ) ) ) ) )

CASE NO. CV-F-06-0766 LJO SMS ORDER AND JUDGMENT ON FINAL APPROVAL OF CLASS ACTION SETTLEMENT

Pursuant to the Order On Preliminary Approval Of Class Action Settlement filed herein October 11, 2007 (Doc. 37) and subsequently amended to continue the hearing to February 5, 2008 (Doc. 39), a Final Approval Hearing was held at 8:30 a.m. on February 5, 2008 in Courtroom 4 of this Court. of all others similarly Plaintiff, individually and on behalf situated (collectively "plaintiffs"),

appeared at the hearing by telephone through class counsel, Jerry Budin. Defendants C.L. Bryant and C. Bryant Transport, Inc.

("Bryant") appeared at the hearing by telephone by counsel Daniel Pyne of Hopkins & Carley.
[PROPOSED] ORDER AND JUDGMENT ON FINAL APPROVAL OF CLASS ACTION SETTLEMENT

The case was called at the hearing and
CASE NO. CV-F-06-0766 LJO SMS

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

the Court inquired whether anyone else in the courtroom was present to participate in the hearing. inquiry. There was no response to this

The Court then inquired of counsel whether they expected Both counsel responded in the

anyone to appear at the hearing. negative. Having considered

Plaintiff's

Memorandum

Of

Points

And

Authorities and Class Counsel's Declaration In Support Of Final Approval Of Class Action Settlement and the papers previously filed herein, the Court makes the following Findings: 1. No class member or interested individual appeared

personally at the time and place for the Final Approval Hearing (February 5, 2008, 8:30 a.m., Courtroom 4) which was contained in the Notice Of New Date For Fairness Hearing (Exhibit B attached to Declaration of Jerry Budin). 2. The Court finds that notice to the class was

the best practicable under the circumstances and was satisfied and timely mailed as previously ordered by the Court. 3. The Court finds that the consideration for the

proposed settlement is fair, adequate, and reasonable. 4. The Court finds that there were no objections to or

requests for exclusion from the proposed settlement. 5. collusive, and The Court the finds that the settlement in was not

that

parties

have

engaged

sufficient

discovery to understand the strengths and weaknesses of their own and their opponent's cases. 6. The Court finds that the lawyers representing the

parties were competent and experienced counsel, and that no party has been subjected to any undue influence in reaching the

[PROPOSED] ORDER AND JUDGMENT ON FINAL APPROVAL OF CLASS ACTION SETTLEMENT

CASE NO. CV-F-06-0766 LJO SMS

2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

settlement. 7. The Court finds that the attorney's fees and costs

requested by Class Counsel, Jerry Budin, in the total sum of $41,786.86 are fair and reasonable. 8. The Court finds that the formula for disbursement

of the settlement proceeds to the Class and the procedure for administration of that disbursement as set forth in the Stipulation And Settlement Agreement are fair, adequate and reasonable. 9. The Court finds that a payment of $10,000.00 to

Class Representative David Fuson for his efforts and services on the behalf of the Class in this litigation is fair and reasonable. 10. The Court finds that the Settlement Class members

are similarly-situated and meet the requirements for certification of a class action under F.R.C.P. 23 and as a collective action under 29 U.S.C. §216(b). IT IS HEREBY ADJUDGED AND ORDERED that: 1. The Stipulation Regarding Settlement Of Class Action is

approved in full; 2. Defendants Bryant shall pay attorneys fees and costs in

the total sum of $41,786.86 to class counsel, Jerry Budin, pursuant to the procedures set forth in the Stipulation; 3. Defendants Bryant shall make payments to the Settlement

Class members pursuant to the procedures and formulas set forth in the Stipulation Regarding Settlement Of Class Action; 4. Defendants Bryant shall make a payment of $10,000.00 to

Class Representative David Fuson for his efforts and services on behalf of the Class in this litigation; 5. This Court shall retain jurisdiction over this matter and
CASE NO. CV-F-06-0766 LJO SMS

[PROPOSED] ORDER AND JUDGMENT ON FINAL APPROVAL OF CLASS ACTION SETTLEMENT

3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

the parties for the purpose of enforcing compliance with said Stipulation Regarding Settlement Of Class Action; 6. Upon defendants Bryant's satisfaction of their

obligations under said Stipulation Regarding Settlement Of Class Action and the payment of all sums pursuant thereto, plaintiff's counsel shall notify the court, whereupon this matter shall be dismissed with prejudice.
I T IS SO ORDERED. D a te d : b9ed48 February 5, 2008 /s/ Lawrence J. O'Neill U N I T E D STATES DISTRICT JUDGE

[PROPOSED] ORDER AND JUDGMENT ON FINAL APPROVAL OF CLASS ACTION SETTLEMENT

CASE NO. CV-F-06-0766 LJO SMS

4