Alexander et al v. FedEx Ground Package System, Inc. et al

Filing 128

ORDER Re Further Supplemental Briefing Re Plaintiffs' Motion for Preliminary Approval. Signed by Judge Edward M. Chen on 8/3/2015. (emcsec, COURT STAFF) (Filed on 8/3/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEAN ALEXANDER, et al.,

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Plaintiffs,

For the Northern District of California

United States District Court

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No. C-05-0038 EMC

v.
FEDEX GROUND PACKAGE SYSTEM,
INC.,

ORDER RE FURTHER
SUPPLEMENTAL BRIEFING RE
PLAINTIFFS’ MOTION FOR
PRELIMINARY APPROVAL

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Defendant.

(Docket No. 119)

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___________________________________/
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The Court hereby orders further supplemental briefing regarding Plaintiffs’ motion for
preliminary approval.

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1.

Lodestar. Under the settlement, a portion of the total settlement award will be used to

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compensate Plaintiffs’ attorneys. To assess the fee request, even for purposes of preliminary

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approval only, the Court is in need of information as to fees would be under the lodestar method of

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calculation.

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2.

Meal and Rest Break Claim. It appears that, under the proposed settlement, the

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settlement class members will be releasing their meal and rest break claims, see Sett. Agreement ¶

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I.R (release), but that, unlike the named Plaintiffs, they will not be specially compensated for that

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release. See Sett. Agreement ¶ III.A (providing, inter alia, that he named Plaintiffs will be paid $1

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million “in satisfaction of their individual meal and rest break claims”). If the Court’s understanding

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///

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is correct, then the parties shall address why only the named Plaintiffs are being compensated for the

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release of the meal and rest break claims.

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Supplemental briefing shall be filed no later than August 5, 2015, at 12:00 p.m.

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IT IS SO ORDERED.

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Dated: August 3, 2015

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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