Terras et al v. Trinity River Lumber Company
Filing
60
ORDER signed by District Judge Morrison C. England, Jr. on 2/16/2017 GRANTING 56 Motion for Preliminary Approval of Class Action Settlement; SETTING the Final Approval Hearing for 5/18/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Michel, G.)
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JOSE R. GARAY (SBN 200494)
JOSE GARAY, APLC
25255 Cabot Road, Suite 219
Laguna Hills, CA 92653
T: (949) 208-3400
F: (949) 713-0432
jgaray@garaylaw.com
Attorney for Plaintiffs Darren Shane Panter, Joseph Todd Terras, Bobby Tyler
on behalf of themselves and all others similarly situated
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
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DARREN SHANE PANTER, JOSEPH
Case No.: 2:14-cv-02277-MCE-CMK
TODD TERRAS, and BOBBY TYLER, as
individual California residents, on behalf of ORDER GRANTING PLAINTIFFS’
themselves and all others similarly situated, MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION
Plaintiffs
SETTLEMENT
vs.
TRINITY RIVER LUMBER COMPANY, a Date of Hearing: February 23, 2017
Time of Hearing: 2:00 p.m.
California corporation;
Courtroom 7, 14th Floor
Defendant.
Hon. Morrison C. England
Complaint Filed: September 30, 2014
First Amended Complaint Filed:
February 11, 2015
Second Amended Complaint Filed:
May 28, 2015
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-1ORDER
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Plaintiff’s Motion for Preliminary Approval of Class Action Settlement came on
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for hearing before the Honorable Morrison C. England, on February 23, 2017, at 2:00
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p.m. Defendant Trinity River Lumber Company filed a Statement of Non-Opposition to
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Plaintiff’s Motion of February 1, 2017. The Motion was thereafter submitted on the
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briefing in accordance with the provisions of Eastern District Local Rule 230(g). The
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Court, having considered the evidence presented and the papers submitted by counsel, ,
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grants Plaintiffs’ Motion and HEREBY ORDERS THE FOLLOWING:
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1.
The Court grants preliminary approval of the settlement based upon the
terms set forth in the “Stipulation of Class Action Settlement.” Capitalized terms in this
Order shall have the definitions set forth in the Stipulation of Settlement.
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The Court hereby preliminarily certifies a Settlement Class as defined in
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the Stipulation of Settlement pursuant to the terms and conditions of the Stipulation of
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Settlement and solely for the purposes set forth therein.
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3.
The Court hereby preliminarily determines that the Settlement set forth in
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the Stipulation of Settlement falls within the range of reasonableness and appears to be
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presumptively valid, subject only to any objections that may be raised at the final
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approval hearing. It appears to the Court that substantial investigation and research have
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been conducted such that counsel for the Parties at this time are reasonably able to
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evaluate their respective positions. It further appears to the Court that settlement will
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avoid substantial additional costs by all Parties, as well as the delay and risk that would
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be presented by further prosecution of the Action. It further appears to the Court that the
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proposed settlement that has been reached is the result of intensive, serious, non-
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collusive, arm’s-length negotiations.
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4.
The Court approves, as to form and content, the Claim Form and the Notice
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of Proposed Class Action Settlement (“Class Notice”) in substantially the form attached
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to the Stipulation of Settlement as Exhibits A and B. The Court finds that the Class
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Notice fairly and adequately apprises Settlement Class Members of their rights under the
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Settlement.
-2ORDER
5.
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The Court approves the mailing of the Class Notice by first class mail to the
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Settlement Class in accordance with the schedule and procedures set forth in the
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Stipulation of Settlement. The Court finds that the dates and method selected for the
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mailing and distribution of the Class Notice, as set forth in the Stipulation of Settlement,
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meet the requirements of due process and provide the best notice practicable under the
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circumstances, and shall constitute due and sufficient notice to all persons entitled
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thereto.
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6.
The Claims Administrator shall be Phoenix Settlement Administrators.
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7.
The Court finds that Jose R. Garay of Jose Garay, APLC adequately
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represented the Settlement Class and is appointed as Class Counsel.
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For settlement purposes only, the Court finds that Plaintiffs Darren Shane
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Panter, Joseph Todd Terras, and Bobby Tyler (“Plaintiffs”) are adequate representatives
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of the Settlement Class and appoints them as such.
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Pending final determination as to whether the Settlement set forth in the
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Joint Stipulation of Settlement should be approved, the Plaintiffs and Settlement Class
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Members, whether directly, representatively, or in any other capacity, whether or not
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such persons have appeared in this action, shall not institute or prosecute any claims or
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actions against the Released Parties (as defined in the Stipulation of Settlement) which in
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any manner concern the Released Claims (as defined in the Joint Stipulation of
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Settlement).
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The Final Approval hearing shall be scheduled for May 18, 2017 at 2:00
p.m.
IT IS SO ORDERED.
Dated: February 16, 2017
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-3ORDER
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