Craythorn v. WesTower Communications, Inc.

Filing 58

ORDER signed by Judge John A. Mendez on 12/4/14 GRANTING 54 Motion for Preliminary Approval of Class Action Settlement. Final Approval Hearing set for 4/8/2015 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. All briefs in support of proposed settlement due by 3/20/15. (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TROY CRAYTHORN, individually,
and on behalf of all others
similarly situated,

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Plaintiff,
v.
WESTOWER COMMUNICATIONS,
INC., a Delaware Corporation,

No.

2:12-cv-01328-JAM-EFB

ORDER GRANTING PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT, CONDITIONAL
CERTIFICATION, APPROVAL OF CLASS
NOTICE, AND SETTING OF FINAL
APPROVAL HEARING

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Defendant.
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The Court, having fully reviewed the Motion for Order

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Granting Preliminary Approval of Class Action Settlement, the

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supporting Points and Authorities, Declarations of Isam C. Khoury

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and Cris Vaughan, the Settlement Agreement, Notice of Class

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Action Settlement, and the statement of non-opposition by

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Defendant WesTower Communications, Inc. (“Defendant”), and in

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recognition of the Court’s duty to make a preliminary

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determination as to the reasonableness of any proposed class

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action settlement and, if preliminarily determined to be

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reasonable, to ensure proper notice is provided to Class Members

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in accordance with due process requirements, and to conduct a
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Final Approval hearing as to the good faith, fairness, adequacy

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and reasonableness of any proposed settlement, HEREBY MAKES THE

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FOLLOWING DETERMINATIONS AND ORDERS:

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1. The Court finds, on a preliminary basis, that the

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Settlement Agreement incorporated in full by this reference and

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made a part of this Order Granting Preliminary Approval, appears

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to be within the range of reasonableness of a settlement which

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could ultimately be given final approval by this Court. The Court

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notes that Defendant has agreed to pay the Gross Settlement

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Amount of $1,140,000.00 in full satisfaction of the claims as

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more specifically described in the Settlement Agreement.

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2. The Court also finds that, on a preliminary basis, the

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Settlement is fair and reasonable to Class Members when balanced

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against the probable outcome of further litigation relating to

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class action certification, liability and damages issues, and

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potential appeals of rulings. The Court further finds that

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significant investigation, research, litigation, formal and

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informal discovery have been conducted such that Counsel for the

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Parties are able to reasonably evaluate their respective

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positions. The Court further finds that settlement at this time

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will avoid substantial costs, delay and risks that would be

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presented by the further prosecution of the litigation, and that

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the proposed Settlement has been reached as the result of

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intensive, informed and non-collusive and arm’s-length

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negotiations between the Parties. ACCORDINGLY, GOOD CAUSE

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APPEARING, THE MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION

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SETTLEMENT IS HEREBY GRANTED.

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3. As a part of said preliminary approval, the Court hereby
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accepts and incorporates the Parties’ Settlement Agreement and

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hereby conditionally certifies the following class of persons,

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for settlement purposes only, pursuant to the terms and

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conditions contained in said Settlement Agreement:

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A. “Class” or “Classes” mean all members of the
following classes:
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The “Roseville Class”: all non-exempt field

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civil technicians, tower technicians,

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electricians, and foremen employed by WesTower

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and who worked out of a Northern California

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location at any time during the period of

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March 9, 2008 through July 30, 2014. [There

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are an estimated 213 members of the Roseville

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Class.]

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a. “Roseville Subclass”: all Roseville Class

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members employed at any time on or after

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March 9, 2009 and who were no longer

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employed as of July 30, 2014. [There are

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an estimated 114 members of the Roseville

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Subclass.]

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2. The “Los Angeles Class”: all non-exempt Foremen

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employed by WesTower and who worked out of a

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Southern California location at any time during

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the period of March 9, 2008 through July 30,

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2014. [There are an estimated 67 members of the

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Los Angeles Class.]

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a. “Los Angeles Subclass”: all Los Angeles
Class members employed at any time on or
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after March 9, 2009 and who were no

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longer employed as of July 30, 2014.

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[There are an estimated 37 members of the

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Los Angeles Subclass.]

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4. The Court approves and appoints Plaintiff Troy W.
Craythorn as the Class Representative.
5. The Court approves and appoints Cohelan Khoury & Singer
and Vaughan & Associates as Class Counsel.

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6. The Court approves and appoints CPT Group, Inc., as the

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Claims Administrator to administrate the Settlement pursuant to

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the terms of the Settlement Agreement.

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7. The Court finds that the Notice of Class Action

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Settlement (“Notice”), the Employment Information Sheet, and

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Change of Address Form, advise of the pendency of the Class

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Action, of the proposed Settlement, of the preliminary Court

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approval of the proposed Settlement, of the automatic payment of

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a proportionate share of the settlement monies if the Class

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Member does not request to be excluded; the estimated amount each

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may expect to receive pursuant to the proposed Settlement;

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objection timing and procedures, opt-out timing and procedures,

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and of the Final Approval hearing date. The Court further finds

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that these documents fairly and adequately advise Class Members

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of the terms of the proposed Settlement and the benefits

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available to Class Members thereunder, and of the Final Approval

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hearing and the right to file documentation in support of or in

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opposition to the Settlement and to appear in connection with

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said hearing. The Court further finds that the Notice clearly

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comport with all constitutional requirements including those of
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due process. ACCORDINGLY, GOOD CAUSE APPEARING, THE COURT HEREBY

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APPROVES THE PROPOSED NOTICE OF CLASS ACTION SETTLEMENT,

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EMPLOYMENT INFORMATION SHEET, AND CHANGE OF ADDRESS FORM,

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ATTACHED AS EXHIBITS TO THE SETTLEMENT AGREEMENT;

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8. The Court finds that the mailing to the present and last

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known address of the members of the above-named Classes

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constitutes an effective method of notifying Class Members of

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their rights with respect to the Class Action and Settlement.

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ACCORDINGLY, IT IS HEREBY ORDERED that:

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(a) Within ten days of this preliminary approval, Defendant

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shall forward to the appointed Claims Administrator, CPT Group,

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Inc., (“CPT”) the Class Data List as provided for by the terms of

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the proposed Settlement.

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(b) Within thirty days of this preliminary approval CPT

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shall mail to each Class Member, by first class, postage pre-

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paid, the Notice of Class Action Settlement, Employment

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Information Sheet, Change of Address Form, and a pre-printed,

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postage paid return envelope (collectively the “Notice Packet”);

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(c) All mailings shall be made to the present and/or last

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known mailing address of the Class Members based on Defendant’s

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records, as well as addresses that may be updated and located by

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the Claims Administrator who will conduct standard address

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searches in cases of returned mail as set forth in the Settlement

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Agreement. The Court finds and so orders that the mailing of the

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Notice Packet to Class Members as set forth in this paragraph is

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the best means practicable by which to reach Class Members and is

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reasonable and adequate pursuant to all constitutional and

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statutory requirements including all due process requirements;
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and

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9. IT IS FURTHER ORDERED that:

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(a) Request to be excluded (“opt-out requests”) must be

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mailed to the Claims Administrator, postmarked within sixty days

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of the initial mailing of the Notice Packet to the Class.

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(b) Objections must be in writing and must explain in clear

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and concise terms the basis of each objection setting forth the

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factual and legal arguments in support. All papers in support of

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the objections must be sent to CPT as described in the Notice

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within sixty days of the initial mailing of the Notice Packet to

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the Class.

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(c) Notice of Intention to Appear at the Final Approval

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hearing in order to be heard in conjunction with a properly

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served Objection, must be sent to the CPT as described in the

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Notice within sixty days from the initial mailing of the Notice

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Packet to the Class.

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10. IT IS FURTHER ORDERED that the Final Approval hearing

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shall be held before the undersigned at 9:30 a.m. on April 8,

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2015 in Courtroom 6, located at the Robert I. Matsui United

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States Courthouse, 501 I Street, 14th Floor, Sacramento,

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California 95814, to consider the fairness, adequacy and

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reasonableness of the proposed Settlement preliminarily approved

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by this Order of Preliminary Approval, and to consider the

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application of Class Counsel Cohelan, Khoury & Singer and Vaughan

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& Associates for an award of reasonable attorneys’ fees and

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litigation expenses, Class Representative service payment to

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Plaintiff, and for the Claims Administration expenses incurred.

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11. IT IS FURTHER ORDERED that all briefs in support of the
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proposed Settlement and the Final Approval hearing shall be

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served and filed with the Court on or before March 20, 2015.

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12. IT IS FURTHER ORDERED that all briefs in support of

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Class Counsels’ requests for awards of attorneys’ fees and

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litigation costs, Class Representative service payment and Claims

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Administration expenses shall be filed with the Court on or

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before March 20, 2015.

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13. IT IS FURTHER ORDERED that if, for any reason, the Court
does not execute and file an Order Granting Final Approval and

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Judgment, or if the Effective Final Settlement Date, as defined

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by the Settlement Agreement, does not occur for any reason

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whatsoever, the Settlement Agreement and the proposed Settlement

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subject of this Order and all evidence and proceedings had in

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connection therewith, shall be null and void and without

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prejudice to the status quo ante rights of the Parties to the

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litigation as more specifically set forth in the Settlement

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Agreement.

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14. IT IS FURTHER ORDERED that, pending further order of

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this Court, all proceedings in this matter except those

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contemplated herein and in the Settlement Agreement are stayed.

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15. The Court expressly reserves the right to adjourn or

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continue the Final Approval hearing without further notice to

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Class Members.

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IT IS SO ORDERED.
Dated: December 4, 2014

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