Adoma v. The University of Phoenix, Inc. et al

Filing 137

ORDER signed by Judge Lawrence K. Karlton on 6/19/12 GRANTING 129 MOTION to CERTIFY CLASS; Notice set for 11/5/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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DIANE ADOMA, an individual, and
MICHELLE ABBASZADEH, an
individual, on behalf of themselves and
others similarly situated and on behalf of
The State of California Labor and
Workforce Development Agency as a
Private Attorney General

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ORDER GRANTING
PRELIMINARY APPROVAL AND
CERTIFICATION OF A
CONDITIONAL SETTLEMENT
CLASS

Plaintiff,

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Case No.: CV10-00059-LKK-GGH

vs.
Hearing Date: May 21, 2012
THE UNIVERSITY OF PHOENIX, INC. Time: 10:00a.m.
, AN ARIZONA CORPORATION;
Ctrm: 4
APOLLO GROUP, INC., AN ARIZONA Judge: Hon. Lawrence K. Karlton
CORPORATION;
Date Filed: January 8, 2010
Defendants.
Trial Date: June 12, 2012

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This matter coming before the Court on Joint Motion for Preliminary

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Approval of Class Action Settlement Agreement (the “Preliminary Approval

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Motion”), and after review and consideration of the Joint Stipulation of Settlement

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and Release (“Settlement Agreement”), the papers in support of the Preliminary

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1 Approval Motion, and the arguments of counsel, , IT IS HEREBY ORDERED as
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1. Pursuant to Rule 23 of the Federal Rules of Civil Procedure ("Rule 23"), the

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proposed Settlement of this action, as embodied in the terms of the Settlement

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Agreement attached to the Preliminary Approval Motion, is hereby

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preliminarily approved as a fair, reasonable, and adequate settlement of this

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case in the best interests of the Settlement Class, in light of the factual, legal,

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practical, and procedural considerations raised by this case. The Settlement

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Agreement is incorporated by reference into this Order and is hereby

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preliminarily adopted as an Order of this Court.
2. Solely for the purpose of Settlement, and pursuant to Rule 23, the Court

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hereby preliminarily certifies the following classes for the period from April 5,

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2005 through the date the Court enters an Order preliminarily approving the

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settlement: (a) all current and former Enrollment Counselors in California who

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were previously sent a class notice in the above-captioned case, but who did

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not opt out of the class; (b) all Enrollment Counselors in California hired from

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August 13, 2010 to and including the Preliminary Approval Date (“Interim

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Class Members”) who were not previously sent a class notice; (c) all

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Enrollment Counselors in California who originally opted into the action

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entitled Sabol, et al., v. Apollo Group, Inc., et al., United States District Court,

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Eastern District of Pennsylvania, Civil Action No. 2:09-cv-03439-JCJ,

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(“Sabol”) and who subsequently excluded themselves from the Sabol

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settlement; and (d) one individual (Angelica Michelle Lee) who has

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communicated to Class Counsel her intent to opt in to the Pennsylvania

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Action. “Class” shall exclude all Enrollment Counselors in California who

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opted into Sabol but who did not exclude themselves from the Sabol

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settlement.

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3. Solely for the purpose of settlement, Class Members who submit claim forms

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will also be deemed to have consented to join the Fair Labor Standards Act

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(“FLSA”) claims pursuant to Section 216(b) of the FLSA for purposes of

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achieving a Court-approved release of FLSA claims. If the settlement does

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not become final, these consents to join will have no force and effect in the

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action.

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4. The Court orders that the Settlement Class is preliminarily certified for

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settlement purposes only. If the settlement does not become final for any

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reason, the fact that the Parties were willing to stipulate to class action

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certification for settlement purposes shall have no bearing on, and will not be

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admissible in connection with, the issue of whether a class action is properly

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certified in a non-settlement context. The Court’s findings are for purposes of

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conditionally certifying a Settlement Class and will not have any claim, issue,

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or evidentiary preclusion or estoppel effect in any other action against the

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Company Releasees, or in this litigation if the settlement is not finally

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approved.

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5. The Court finds that certification of the Settlement Class solely for purposes of

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Settlement is appropriate in that: (a) the Settlement Class Members are so

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numerous that joinder of all Settlement Class Members is impracticable; (b)

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there are questions of law and fact common to the Settlement Class which

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predominate over any individual questions; (c) claims of the named Plaintiff

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are typical of the claims of the Settlement Class; (d) the named Plaintiff and

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class counsel have fairly and adequately represented and protected the interests

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of the Settlement Class; and (e) a class action settlement is superior to other

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available methods for the fair and efficient adjudication of the controversy.

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6. The Court hereby preliminarily appoints the Plaintiffs as Representatives of

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the Class and finds that they meet the requirements of Rule 23.
7. The Court preliminarily appoints the following lawyers as counsel to the
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Settlement Class, and finds that counsel meets the requirements of Rule 23:

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MICHAEL L. TRACY, ESQ., SBN 237779
[e-mail]
LAW OFFICES OF MICHAEL TRACY
2030 Main Street, Suite 1300
Irvine, CA 92614
T: [phone]
F: [phone]
8. The Court finds that the Settlement Agreement’s plan for class notice is the
best notice practicable under the circumstances and satisfies the requirements
of due process and Rule 23. That plan is approved and adopted. This Court
further finds that the Notices of Pendency of Class Action Settlement (the
“Class Notices”) comply with Rule 23(c)(2) and Rule 23(e), and are
appropriate as part of the Notice Plan, and are approved and adopted.
9. The Court finds that Simpluris, Inc. is qualified to act as the Claims
Administrator for this settlement.
10. The Court finds and orders that no other notice is necessary.
11. The Court orders that pending final determination as to whether the
Settlement should be approved, the Class Representatives and other Class
Members, whether or not such persons have appeared in this action, shall not
institute or prosecute any claims or actions against the Company Releasees (as
defined in the Settlement Agreement) that fall within the definition of the
Released Claims (as defined in the Settlement Agreement) for the Class
Period, and any other pending actions by Class Members against the Company
Releasees, whether in court, arbitration, or pending before any state or federal
governmental administrative agency, are stayed on an interim basis as to any
claims that fall within the definition of the Released Claims for the Class
Period.

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12. To effectuate the settlement, the Court hereby establishes the following

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deadlines and dates for the acts and events as set forth in the Settlement

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Agreement, and directs the parties to incorporate the deadlines and dates in the

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Notice and required forms:
Deadline for Defendants to provide to
Claims Administrator a database of all
putative Class Members, including names, ,
last known addresses, social security
numbers, and dates of employment.

Within 20 business days
after preliminary Court
approval. See Settlement
Agreement ¶ 7.2.1.

Deadline for mailing of Class Notices by Within 35 business days
Claims Administrator
after preliminary Court
approval. See Settlement
Agreement ¶ 7.2.2.
Last day to file motion for attorney’s fees Fourteen (14) calendar days
and costs.
prior to the deadline for
Class Members to object to
the
Settlement,
Class
Counsel shall file a motion
seeking
approval
of
attorneys’ fees and costs.
See Settlement Agreement
¶ 7.3.2.
Last day for Class Members to submit
Claim Forms or opt out of the Settlement or
to submit written objections to the
Settlement

Within 60 calendar days
after the date of initial
mailing of Class Notice. See
Settlement Agreement ¶
7.2.4.

Last day to file motion for final approval 28 calendar days prior to
and approval of Class Representatives’ date set for final fairness
service payments.
hearing.

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13. The fairness hearing and hearing for Final Approval set forth in the Class
Notices is hereby scheduled for _November 5, 2012_____ at __10:00 a.m.
IT IS SO ORDERED.

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DATED: June 19, 2012

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