Kinney v. National Express Transit Services Corporation

Filing 32

ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION signed by District Judge Troy L. Nunley on 08/07/17. The final approval hearing be set for January 11, 2018, at 2:00 P.M. (Benson, A.)

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1 2 3 4 5 6 THE TIDRICK LAW FIRM STEVEN G. TIDRICK, SBN 224760 JOEL B. YOUNG, SBN 236662 2039 Shattuck Avenue, Suite 308 Berkeley, California 94704 Telephone: (510) 788-5100 Facsimile: (510) 291-3226 E-mail: E-mail: Attorneys for Individual and Representative Plaintiff ROXANNE KINNEY 7 UNITED STATES DISTRICT COURT 8 9 10 11 12 13 14 15 EASTERN DISTRICT OF CALIFORNIA ROXANNE KINNEY, on behalf of herself and No. 2:14-cv-01615-TLN-DB all others similarly situated, ORDER GRANTING PLAINTIFF’S Plaintiff, MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT v. NATIONAL EXPRESS TRANSIT SERVICES CORPORATION, Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28 1 1 Before this Court is Plaintiff’s unopposed Motion for Preliminary Approval of Class 2 Settlement (“Motion”). (ECF No. 22.) Defendant filed a statement of non-opposition. (ECF 3 No. 23.) 4 Having considered the memoranda and declarations, oral arguments of counsel, and 5 the relevant statutory and case law, the Court GRANTS Plaintiff’s Motion and orders and 6 finds as follows: 7 1. The Parties’ Proposed Joint Stipulation of Settlement and Release and the 8 attachments thereto, including the proposed notice to class members and claim form, filed 9 January 26, 2016 (“Settlement Agreement”) (Docket No. 20-1), are preliminarily approved. 10 2. The following Class and Collective Action is certified for settlement purposes only 11 pursuant to Federal Rules of Civil Procedure 23 and 29 U.S.C. § 216(b): All individuals who are 12 or have been employed as non-exempt bus operators on or after May 25, 2013 through the date of 13 preliminary approval (“Class Period”) in California, excluding any individual who was not 14 employed on or after July 1, 2013, or was not a member of the Amalgamated Transit Union, 15 Local Division 192. Notwithstanding the above, the Class shall include every individual who has 16 filed a consent to join this action as of November 3, 2015. 17 3. Plaintiffs’ attorneys, Steven G. Tidrick, Esq. and Joel Young, Esq. of The Tidrick 18 Law Firm are appointed Class Counsel, and Plaintiff Roxanne Kinney is appointed as the Class 19 Representative. 20 4. Simpluris is appointed as the settlement administrator. The administrator shall 21 distribute to the class the notice and claim form pursuant to the procedures set forth in the 22 Settlement Agreement. 23 5. The Opt-Out deadline as proposed in the Settlement Agreement shall be sixty (60) 24 calendar days from the date the Settlement Administrator mails the Settlement Documents to 25 Class Members, and that if the 60th day falls on a Sunday or holiday, the Opt-Out Period shall 26 end on the next business day that is not a Sunday or holiday. 27 28 6. The deadline for objections to final approval of the settlement shall be fourteen (14) calendar days following the Opt-Out deadline. 2 1 7. Class Counsel shall file and serve their motion for attorney’s fees, litigation costs, 2 and Service Enhancement Payment, along with all supporting evidence, at least twenty-eight 3 (28) days before the deadline for objections. Class Counsel shall file and serve the motion for 4 final approval of this Settlement, along with all supporting evidence, no later than ten (10) 5 calendar days after the deadline for objections. 6 7 8 9 10 8. The final approval hearing be set for the following date and time: January 11, 2018, at 2:00 P.M. 9. The settlement is deemed filed as of the date of preliminary approval for purposes of providing notice to the appropriate officials pursuant to 28 U.S.C. § 1715. IT IS SO ORDERED. 11 12 Dated: August 7, 2017 13 14 Troy L. Nunley United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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