Leggett et al v. Cooperative Personnel Services

Filing 61

ORDER FOR FINAL JUDGMENT signed by Senior Judge Lawrence K. Karlton on 04/11/11. CASE CLOSED (Benson, A.)

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Michael M. McShane (CA 127944)
AUDET & PARTNERS, LLP
221 Main Street, Suite 1460
San Francisco, CA 94105
[e-mail]
[e-mail]
Telephone: [phone]
Facsimile: 415.568.2556

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T. Joseph Snodgrass (Pro HacVice)
Angela Beranek Brandt (Pro Hac Vice)
Kelly A. Swanson (Pro Hac Vice)
LARSON KING, LLP
2800 Wells Fargo Place
30 East 7th Street
St. Paul, MN 55101
[e-mail]
[e-mail]
[e-mail]
Telephone: [phone]
Facsimile: 651.312.6619
Attorneys for Plaintiffs, ANTHONY
LEGGETT, MICHAEL BORTON,
LESANN DORFLER, AIMEE UHLER, and
OPT-IN PLAINTIFFS

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY LEGGETT, MICHAEL
BORTON, LESANN DORFLER, AIMEE
UHLER, on behalf of themselves and
others similarly situated,
Plaintiffs,

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Case No.: 09-CV-01253 LKK-GGH
(TEMP)

v.
ORDER FOR

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COOPERATIVE PERSONNEL
SERVICES,
d/b/a CPS HUMAN RESOURCES
SERVICES,
Defendant.

FINAL JUDGMENT

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[PROPOSED] ORDER FOR FINAL JUDGMENT
Case No.: 09-CV-01253 LKK-GGH (TEMP)

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This cause comes before the Court on Plaintiffs’ Unopposed Motion for Approval
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of FLSA Settlement, the memorandum and declaration filed in support thereof, and the
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applicable law.

Having found that the Settlement Agreement meets the applicable

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criteria for approval, the Court hereby ORDERS, ADJUDGES, and DECREES as
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follows:
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1.

Plaintiffs and Defendant Cooperative Personnel Services, d/b/a CPS

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Human Resources Services (“CPS”), entered into a Settlement Agreement on February
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14, 2011.
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2.

On February 23, 2011, Plaintiffs filed an unopposed Motion for Final

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Approval of FLSA Settlement.
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3.

The settlement set forth in the Settlement Agreement is fair, reasonable,

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adequate, and in the best interests of the Plaintiffs.
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4.

This Action is dismissed with prejudice.

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The Plaintiffs are permanently enjoined and barred from commencing or

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prosecuting any action asserting any of the Settled Claims1 against any of the Released

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Parties, either directly, representatively, derivatively, or in any other capacity, whether by
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a complaint, counterclaim, defense, or otherwise, in any local, state, or federal court, or in
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any other agency or other authority, tribunal, or forum wherever located.
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6.

The Named Plaintiffs and Bellwether Plaintiffs are awarded service fees as

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set forth in the Settlement Agreement.

Such awards are made to reimburse these

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Plaintiffs for their time expended and the risks undertaken on behalf of Plaintiffs as a
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whole.
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7.

Plaintiffs’ Counsel are awarded attorneys’ fees,2 and reimbursement of

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Capitalized terms not otherwise defined herein shall have the same meaning as ascribed to them in the
parties’ Settlement Agreement.
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The court wants to make very clear that its approval of the settlement agreement in this case should not be
taken as approval of the reasonableness of billable rates plaintiffs’ counsel purportedly charges its clients.

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[PROPOSED] ORDER FOR FINAL JUDGMENT
Case No.: 09-CV-01253 LKK-GGH (TEMP)

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expenses, disbursements, and costs, including mediator’s fees, settlement and claims
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administration fees, in accordance with the terms of the Settlement Agreement.
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LET JUDGMENT BE ENTERED ACCORDINGLY.
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SO ORDERED this 11th day of April, 2011.
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Rather, the court finds the fee award reasonable solely because it constitutes 30% of the entire settlement
award.

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[PROPOSED] ORDER FOR FINAL JUDGMENT
Case No.: 09-CV-01253 LKK-GGH (TEMP)