Humes, et al. v. First Student Inc.

Filing 78

ORDER (1) GRANTING Final Approval to Class Action Settlement; and (2) Entering FINAL JUDGMENT signed by Magistrate Judge Barbara A. McAuliffe on 4/3/2020. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DELORES HUMES, an individual,
DIANE ABELLA, an individual, on
behalf of themselves and others
similarly situated,

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Plaintiffs,
vs.
FIRST STUDENT, INC., an entity;
and Does 1 through 100, inclusive,

CASE NO. 1:15-CV-01861-BAM
Assigned to: Hon. Barbara A. McAuliffe
ORDER:
(1) GRANTING FINAL APPROVAL
TO CLASS ACTION
SETTLEMENT; AND
(2) ENTERING FINAL JUDGMENT

Defendants.

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CASE NO. 1:15-CV-01861

ORDER

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On April 2, 2020, a hearing was held on the motion of Plaintiffs Delores

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Humes and Diane Abella (“Plaintiffs”) for final approval of their class settlement

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(the “Settlement”) with Defendant First Student, Inc. (“Defendant”), and payments

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to the Plaintiffs, Class Counsel and the Settlement Administrator.

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The Parties have submitted their Settlement, which this Court

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preliminarily approved by its December 13, 2019 Order (Docket No. 71) (the

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“Preliminary Approval Order”).

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Order, Class Members have been given notice of the terms of the Settlement and

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the opportunity to comment on or object to it or to exclude themselves from its

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In accordance with the Preliminary Approval

provisions.

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Having received and considered the Settlement, the supporting papers

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filed by the Parties, and the evidence and argument received by the Court before

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entering the Preliminary Approval Order and at the final approval hearing, the

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Court grants final approval of the Settlement, enters this Final Approval Order, and

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HEREBY ORDERS and MAKES DETERMINATIONS as follows:

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1.

Except as otherwise specified herein, the Court for purposes of this

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Final Approval Order and Judgment adopts all defined terms set forth in the Class

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Action Settlement Agreement (“Agreement”).

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2.

The Court has jurisdiction over this action and the Settlement pursuant

to 28 U.S.C. sections 1132(a) and 1332(d).
3.

For settlement purposes, the Court confirms the certification of the

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Class defined as: “non-exempt employees of Defendant who were employed as

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drivers at Defendant’s Fresno, California location from October 28, 2014 to

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November 27, 2016.”

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4.

Pursuant to the Preliminary Approval Order, the Notice of Proposed

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Settlement of Class Action and Hearing Date for Final Court Approval (“Class

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Notice”) was sent to each Class Member by first-class mail. The Class Notice

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informed Class Members of the terms of the Settlement, their right to receive a
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ORDER

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Settlement Share, their right to comment on or object to the Settlement and/or the

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attorneys’ fees and costs, their right to elect not to participate in the Settlement and

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pursue their own remedies, and their right to appear in person or by counsel at the

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final approval hearing and be heard regarding approval of the Settlement. Adequate

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periods of time were provided by each of these procedures.

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5.

The Court finds and determines that this notice procedure afforded

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adequate protections to Class Members and provides the basis for the Court to

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make an informed decision regarding approval of the settlement based on the

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responses of Class Members. The Court finds and determines that the notice

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provided in this case was the best notice practicable, which satisfied the

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requirements of law and due process.

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6.

Pursuant to the Class Action Fairness Act, 28 U.S.C. § 1711 et seq.

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(“CAFA”), not later than ten days after Plaintiffs’ motion seeking preliminary

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approval of the Settlement was filed in court, Defendant discharged its obligations

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under CAFA to provide notice to the appropriate federal and state officials. The

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notice of Settlement also invited comment on the Settlement. This Final Approval

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Order is not being issued earlier than ninety days after the later of the dates on

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which the appropriate federal and state officials were served with the notice of the

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Settlement. Accordingly, the requirements under CAFA to provide notice to the

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appropriate federal and state officials have been satisfied.

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7.

No Class Members filed written objections to the proposed settlement

as part of this notice process.
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For the reasons stated in the Preliminary Approval Order, the Court

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finds and determines that the terms of the Settlement are fair, reasonable and

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adequate to the Class and to each Class Member and that the Participating Class

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Members will be bound by the Settlement, that the Settlement is ordered finally

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approved, and that all terms and provisions of the Settlement should be and hereby

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are ordered to be consummated.
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ORDER

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The Court finds and determines that the Gross Settlement Amount in

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the amount of $650,000 and the Settlement Shares to be paid to the Participating

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Class Members as provided for by the Settlement are fair and reasonable. The

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Court hereby grants final approval to and orders the payment of those amounts be

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distributed to the Participating Class Members out of the Net Settlement Amount in

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accordance with the Agreement.

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10.

The Court finds and determines that the fees and expenses of

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Simpluris, Inc. in administrating the settlement, in the amount of $8,999.00, are fair

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and reasonable. The Court hereby grants final approval to and orders that the

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payment of that amount be paid out of the Gross Settlement Amount in accordance

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with the Agreement.

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The Court finds and determines that the request by Plaintiff and Class

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Counsel to the Class Representative Service Payment and the attorneys’ fees and

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costs pursuant to the Agreement are fair and reasonable. The Court hereby grants

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final approval to and orders that the payment of $7,500.00 to Delores Humes and

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$5,000.00 to Diane Abella for their Class Representative Service Payments,

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$216,666.66 for attorneys’ fees to Class Counsel, and $49,566.73 for

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reimbursement of costs be paid out of the Gross Settlement Amount in accordance

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with the Settlement.

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12.

As of the Effective Date as defined in the Agreement, all Participating

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Class Members hereby fully and finally release the Defendant and the Released

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Parties (as defined in the Agreement), from any and all state and federal statutory,

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regulatory and common law claims for failure to issue complete and accurate wage

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statements, up to November 27, 2016, which were alleged, or could have been

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alleged, in the original Complaint or any amended Complaint filed in the Action.

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The Released Class Claims include, but are not limited to, claims for failure to issue

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complete and accurate wage statements and any and all derivative claims based

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thereon, including but not limited to, all claims for damages and penalties.
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ORDER

13.

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As of the Effective Date, Plaintiffs hereby fully and finally release the

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Defendant and the Released Parties (as defined in the Agreement) from the

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Plaintiffs’ Released Claims (as defined in the Agreement).
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Nothing in this order shall preclude any action to enforce the Parties’

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obligations under the Settlement or under this order, including the requirement that

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Defendant make payment in accordance with the Agreement.
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If, for any reason, the Settlement ultimately does not become Final (as

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defined by the Settlement), this Final Approval Order will be vacated; the Parties

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will return to their respective positions in this action as those positions existed

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immediately before the Parties executed the Agreement; and nothing stated in the

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Agreement or any other papers filed with this Court in connection with the

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Settlement will be deemed an admission of any kind by any of the Parties or used as

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evidence against, or over the objection of, any of the Parties for any purpose in this

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action or in any other action
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The Parties entered into the Settlement solely for the purpose of

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compromising and settling disputed claims.

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violation of law or any liability whatsoever to Plaintiffs and the Class, individually

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or collectively, all such liability being expressly denied by Defendant.
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Defendant in no way admits any

By means of this Final Approval Order, this Court hereby enters final

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judgment in this action, as defined in Rule 58(a)(1), Federal Rules of Civil

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Procedure.
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Without affecting the finality of this Final Approval Order in any way,

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the Court retains jurisdiction of all matters relating to the interpretation,

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administration, implementation, effectuation and enforcement of this order and the

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Settlement.

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ORDER

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This action is dismissed with prejudice, each side to bear its own costs

and attorneys’ fees except as provided by the Settlement and this Order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 3, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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ORDER