Isidro Rodriguez, Et Al. Five J's Trucking, Inc., Et Al.

Filing 50

ORDER AND JUDGMENT on final approval of class action settlement signed by District Judge Lawrence J. O'Neill on 2/3/2009. (Lundstrom, T)

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Jerry N. Budin State Bar #88539 Law Office of Jerry Budin 2401 E. Orangeburg Ave., Ste. 675-309 Modesto, California 95355 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiffs, ISIDRO RODRIGUEZ, et al.

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

ISIDRO RODRIGUEZ, et al., Plaintiffs, vs. FIVE J'S TRUCKING, INC., et al., Defendants.

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CASE NO. CV-F-07-0671 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 28, 2008 (Doc. 42), a Final

Approval Hearing was held at 8:00 a.m. on February 3, 2009 in Courtroom 4 of this Court. of all others Plaintiffs, individually and on behalf (collectively "plaintiffs"),

similarly-situated

appeared at the hearing by telephone through class counsel, Jerry Budin. Defendants Mello Milk Transport and Jeffrey A. Mello

("Mello") appeared at the hearing by telephone by counsel Keric J. Cushing of Gianelli & Associates. The case was called at the

hearing and the Court inquired whether anyone else in the courtroom
ORDER AND JUDGMENT ON FINAL APPROVAL OF CLASS ACTION SETTLEMENT CASE NO. CV-F-0671 LJO SMS

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was present to participate in the hearing. to this inquiry.

There was no response

The Court then inquired of counsel whether they Both counsel responded

expected anyone to appear at the hearing. in the negative. Having considered Plaintiffs'

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 3, 2009, 8:00 a.m., Courtroom 4) which was contained in the Notice provided to all potential class members. 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

and one (1) request 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

settlement. 7. The Court finds that the attorney's fees and costs
CASE NO. CV-F-0671 LJO SMS

ORDER AND JUDGMENT ON FINAL APPROVAL OF CLASS ACTION SETTLEMENT

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requested by Class Counsel, Jerry Budin, in the total sum of $46,450.23 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 Regarding Settlement Of Class Action are fair, adequate and

reasonable. 9. 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

filed herein on September 25, 2008 (Doc. 39) is approved in full; 2. Defendants Mello Milk Transport, Inc. and Jeffrey A.

Mello, jointly and severally, shall pay attorneys fees and costs in the total sum of $46,450.23 to Class Counsel, Jerry Budin, pursuant to the procedures set forth in the Stipulation Regarding Settlement Of Class Action; 3. Defendants Mello Milk Transport, Inc. and Jeffrey A.

Mello 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. This Court shall retain jurisdiction over this matter and

the parties for the purpose of enforcing compliance with said Stipulation Regarding Settlement Of Class Action; 5. Upon defendants Mello Milk Transport, Inc. and Jeffrey A.

Mello's satisfaction of their obligations under said Stipulation
ORDER AND JUDGMENT ON FINAL APPROVAL OF CLASS ACTION SETTLEMENT CASE NO. CV-F-0671 LJO SMS

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Regarding Settlement Of Class Action and the payment of all sums pursuant thereto, plaintiffs' counsel shall notify the court, whereupon this matter shall be dismissed with prejudice.

IT IS SO ORDERED. Dated: b9ed48 February 3, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

ORDER AND JUDGMENT ON FINAL APPROVAL OF CLASS ACTION SETTLEMENT

CASE NO. CV-F-0671 LJO SMS

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