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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THE TIDRICK LAW FIRM
STEVEN G. TIDRICK, SBN 224760
JOEL B. YOUNG, SBN 236662
2039 Shattuck Avenue, Suite 308
Berkeley, California 94704
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
E-mail:
[e-mail]
Attorneys for Individual and Representative
Plaintiff ROXANNE KINNEY

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UNITED STATES DISTRICT COURT
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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.

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Before this Court is Plaintiff’s unopposed Motion for Preliminary Approval of Class

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Settlement (“Motion”). (ECF No. 22.) Defendant filed a statement of non-opposition. (ECF

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No. 23.)

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Having considered the memoranda and declarations, oral arguments of counsel, and

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the relevant statutory and case law, the Court GRANTS Plaintiff’s Motion and orders and

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finds as follows:

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1.

The Parties’ Proposed Joint Stipulation of Settlement and Release and the

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attachments thereto, including the proposed notice to class members and claim form, filed

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January 26, 2016 (“Settlement Agreement”) (Docket No. 20-1), are preliminarily approved.

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2.

The following Class and Collective Action is certified for settlement purposes only

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pursuant to Federal Rules of Civil Procedure 23 and 29 U.S.C. § 216(b): All individuals who are

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or have been employed as non-exempt bus operators on or after May 25, 2013 through the date of

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preliminary approval (“Class Period”) in California, excluding any individual who was not

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employed on or after July 1, 2013, or was not a member of the Amalgamated Transit Union,

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Local Division 192. Notwithstanding the above, the Class shall include every individual who has

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filed a consent to join this action as of November 3, 2015.

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3.

Plaintiffs’ attorneys, Steven G. Tidrick, Esq. and Joel Young, Esq. of The Tidrick

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Law Firm are appointed Class Counsel, and Plaintiff Roxanne Kinney is appointed as the Class

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Representative.

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4.

Simpluris is appointed as the settlement administrator. The administrator shall

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distribute to the class the notice and claim form pursuant to the procedures set forth in the

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Settlement Agreement.

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5.

The Opt-Out deadline as proposed in the Settlement Agreement shall be sixty (60)

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calendar days from the date the Settlement Administrator mails the Settlement Documents to

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Class Members, and that if the 60th day falls on a Sunday or holiday, the Opt-Out Period shall

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end on the next business day that is not a Sunday or holiday.

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6.

The deadline for objections to final approval of the settlement shall be fourteen

(14) calendar days following the Opt-Out deadline.
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7.

Class Counsel shall file and serve their motion for attorney’s fees, litigation costs,

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and Service Enhancement Payment, along with all supporting evidence, at least twenty-eight

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(28) days before the deadline for objections. Class Counsel shall file and serve the motion for

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final approval of this Settlement, along with all supporting evidence, no later than ten (10)

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calendar days after the deadline for objections.

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8.

The final approval hearing be set for the following date and time: January 11,

2018, at 2:00 P.M.
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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.

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Dated: August 7, 2017

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Troy L. Nunley
United States District Judge

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