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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1 2 3 4 5 6 7 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 8 9 10 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 22 23 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 24 25 26 27 28 -1ORDER 1 Plaintiff’s Motion for Preliminary Approval of Class Action Settlement came on 2 for hearing before the Honorable Morrison C. England, on February 23, 2017, at 2:00 3 p.m. Defendant Trinity River Lumber Company filed a Statement of Non-Opposition to 4 Plaintiff’s Motion of February 1, 2017. The Motion was thereafter submitted on the 5 briefing in accordance with the provisions of Eastern District Local Rule 230(g). The 6 Court, having considered the evidence presented and the papers submitted by counsel, , 7 grants Plaintiffs’ Motion and HEREBY ORDERS THE FOLLOWING: 8 9 10 11 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. 2. The Court hereby preliminarily certifies a Settlement Class as defined in 12 the Stipulation of Settlement pursuant to the terms and conditions of the Stipulation of 13 Settlement and solely for the purposes set forth therein. 14 3. The Court hereby preliminarily determines that the Settlement set forth in 15 the Stipulation of Settlement falls within the range of reasonableness and appears to be 16 presumptively valid, subject only to any objections that may be raised at the final 17 approval hearing. It appears to the Court that substantial investigation and research have 18 been conducted such that counsel for the Parties at this time are reasonably able to 19 evaluate their respective positions. It further appears to the Court that settlement will 20 avoid substantial additional costs by all Parties, as well as the delay and risk that would 21 be presented by further prosecution of the Action. It further appears to the Court that the 22 proposed settlement that has been reached is the result of intensive, serious, non- 23 collusive, arm’s-length negotiations. 24 4. The Court approves, as to form and content, the Claim Form and the Notice 25 of Proposed Class Action Settlement (“Class Notice”) in substantially the form attached 26 to the Stipulation of Settlement as Exhibits A and B. The Court finds that the Class 27 Notice fairly and adequately apprises Settlement Class Members of their rights under the 28 Settlement. -2ORDER 5. 1 The Court approves the mailing of the Class Notice by first class mail to the 2 Settlement Class in accordance with the schedule and procedures set forth in the 3 Stipulation of Settlement. The Court finds that the dates and method selected for the 4 mailing and distribution of the Class Notice, as set forth in the Stipulation of Settlement, 5 meet the requirements of due process and provide the best notice practicable under the 6 circumstances, and shall constitute due and sufficient notice to all persons entitled 7 thereto. 8 6. The Claims Administrator shall be Phoenix Settlement Administrators. 9 7. The Court finds that Jose R. Garay of Jose Garay, APLC adequately 10 represented the Settlement Class and is appointed as Class Counsel. 8. 11 For settlement purposes only, the Court finds that Plaintiffs Darren Shane 12 Panter, Joseph Todd Terras, and Bobby Tyler (“Plaintiffs”) are adequate representatives 13 of the Settlement Class and appoints them as such. 9. 14 Pending final determination as to whether the Settlement set forth in the 15 Joint Stipulation of Settlement should be approved, the Plaintiffs and Settlement Class 16 Members, whether directly, representatively, or in any other capacity, whether or not 17 such persons have appeared in this action, shall not institute or prosecute any claims or 18 actions against the Released Parties (as defined in the Stipulation of Settlement) which in 19 any manner concern the Released Claims (as defined in the Joint Stipulation of 20 Settlement). 10. 21 22 23 24 25 The Final Approval hearing shall be scheduled for May 18, 2017 at 2:00 p.m. IT IS SO ORDERED. Dated: February 16, 2017 26 27 28 -3ORDER

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