Craythorn v. WesTower Communications, Inc.

Filing 62

ORDER signed by Judge John A. Mendez on 4/8/2015 GRANTING final approval of class action settlement and entering judgment. CASE CLOSED. (Zignago, K.)

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COHELAN KHOURY & SINGER
Isam C. Khoury, (SBN 128643)
[e-mail]
Michael D. Singer, (SBN 115301)
[e-mail]
Diana M. Khoury, (SBN 128643)
[e-mail]
J. Jason Hill, (SBN 179630)
[e-mail]
605 “C” Street, Suite 200
San Diego, CA 92101-5305
Telephone: [phone] / Facsimile: [phone]
Attorneys for Plaintiff and the
Conditionally Certified Class
[Counsel, continued on next page]

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA-SACRAMENTO

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TROY W. CRAYTHORN, on behalf of
himself and those similarly situated,
Plaintiffs,

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Case No. 2:12-CV-01328-JAM-EFB

vs.

ORDER GRANTING FINAL APPROVAL
OF CLASS ACTION SETTLEMENT AND
ENTERING JUDGMENT

WESTOWER COMMUNICATIONS, IN., a Date:
Time:
Delaware corporation and and DOES 1
Dept:
through 100, inclusive,
Judge:
Defendants.
Filed:
Trial date:

April 8, 2015 (Wednesday)
9:30 a.m.
Courtroom 6
Hon. John A. Mendez
July 6, 2012
None set

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[Proposed] Order Granting Final Approval of Class Action Settlement

Case No. 2:12-CV12-3516-JAM

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VAUGHAN & ASSOCIATES
Cris C. Vaughan (SBN 99568)
6207 S. Walnut Street, Suite 800
Loomis, California 95650
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and the
Conditionally Certified Class

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[Proposed] Order Granting Final Approval of Class Action Settlement

Case No. 2:12-CV12-3516-JAM

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This matter came on for hearing on April 8, 2015 at 9:30 a.m., in Courtroom 6 of the

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above-captioned Court on Plaintiff’s Motion for Order Granting Final Approval of Class Action

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Settlement, the Settlement Agreement and this Court’s Order Granting Preliminary Approval of

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Class Action Settlement filed December 5, 2014 [Docket 58]. In accordance with the preliminary

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approval order, Class Members were given notice of the terms of the Settlement and the opportunity

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to comment upon, request to be excluded or object to Settlement or any of its terms. Having

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received and considered the proposed Settlement, the supporting papers filed by the Parties, and the

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evidence and argument received by the Court in conjunction with the Motion for Order Granting

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Preliminary Approval of Class Action Settlement, and the Motion for Order Granting Final

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Approval, the Court grants final approval of the Settlement and HEREBY ORDERS AND MAKES

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THE FOLLOWING DETERMINATIONS:

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1.

Pursuant to the Order Granting Preliminary Approval of Class Action Settlement,

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a Notice of Class Action Settlement (“Notice”), Employment Information Sheet, and Change of

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Address form, and pre-printed, postage paid return envelope were sent to each member of the

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Class by first-class mail. The Notice informed the class of the terms of the Settlement, of their

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right to receive their proportional share of the Settlement automatically, and without the need to

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return a claim form, of their right to comment upon, request to be excluded from the Settlement or

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object to the Settlement, and of their right to appear in person or by counsel at the time of the final

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approval hearing to be heard regarding approval of the Settlement. Adequate periods of time were

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provided by each of these procedures. In response, no Class Member requested to be excluded

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from the Settlement, and no Class Member objected to the Settlement or stated an intention to

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appear at the final approval hearing.

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2.

The Court finds and determines that this notice procedure afforded adequate

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protections to Class Members and provides the basis for the Court to make an informed decision

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regarding approval of the Settlement based on the response of the Class. The Court finds and

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determines that the notice 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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[Proposed] Order Granting Final Approval of Class Action Settlement

Case No. 2:12-CV12-3516-JAM

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3.

The Court further finds and determines that the terms of the Settlement are fair,

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reasonable and adequate to the Class and to each Class Member and that the Settlement is ordered

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

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ordered to be consummated.

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4.

The Court finds and determines that the Settlement payments to be paid to

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participating members of the Class 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 made to the

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participating Class Members in accordance with the terms of the Settlement.

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5.

The Court finds that Class Counsel, having conferred a benefit on absent Class

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Members and having expended efforts to secure a benefit to the Class, is entitled to a fee and

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accordingly, the Court approves the application of Class Counsel, Law Offices of Cohelan

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Khoury & Singer and Vaughan & Associates for $342,000.00 for their attorneys’ fees, and

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$16,282.46 for their litigation expenses.

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6.

The Court approves a Class Representative Service Payment in the sum of

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$5,000.00 to the named Plaintiff, Troy W. Craythorn as an enhancement for his initiation of this

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action, work performed, the risks undertaken for the payment of costs had this case had an

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unfavorable outcome, and for the substantial benefit to be received by the 280-member Class as a

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result of his efforts.

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7.

The Court further approves payment of the fees and costs of the appointed claims

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administrator, CPT Group, Inc., of $12,000.00 for services rendered and to be rendered in

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connection with the completion of its administrative duties pursuant to the Settlement.

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8.

Any Court Order regarding the application and award for the attorneys’ fees,

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litigation costs, and Class Representative Payments shall in no way disturb or affect the finality of

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this Order and shall be considered separate from this Order.

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9.

Without affecting the finality of this order in any way, the Court retains

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jurisdiction of all matters relating to the interpretation, administration, implementation,

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effectuation and enforcement of this order and the Settlement.

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[Proposed] Order Granting Final Approval of Class Action Settlement

Case No. 2:12-CV12-3516-JAM

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10.

Nothing in this order shall preclude any action to enforce the Parties' obligations

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under the Settlement or under this Order, including the requirement that Defendant make

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payments to the participating Class Members in accordance with the Settlement.

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The Court hereby enters final judgment in this case accordance with the terms of

the Settlement, Order Granting Preliminary Approval of Class Action Settlement, and this Order.

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12.

The Parties are hereby ordered to comply with the terms of the Settlement.

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13.

The Parties shall bear their own costs and attorneys' fees except as otherwise

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provided by the Settlement Agreement and this Order Granting Class Counsels’ attorneys’ fees

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and reimbursement of litigation costs.

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Dated: April 8, 2015

/s/ John A. Mendez___________________
The Honorable John A. Mendez
Judge of the United States District Court
For The Eastern District of California

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[Proposed] Order Granting Final Approval of Class Action Settlement

Case No. 2:12-CV12-3516-JAM