Navarro v. Servisair, LLC.

Filing 76

STIPULATION AND ORDER by Judge Marilyn Hall Patel granting 67 Motion for Preliminary Approval of Class Action Settlement; Final approval hearing set for 1/25/2010 at 2:00 p.m. (awb, COURT STAFF) (Filed on 10/13/2009)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Robert Navarro, on behalf of himself, and on behalf of others similarly situated, and the general public, Plaintiffs, vs. Servisair, a Limited Liability Corporation; and DOES 1 through 50, Inclusive, Defendant.

Assigned to Hon. Marilyn Hall Patel Case No. CV-08-2716-MH4 CLASS ACTION [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

The Motion for Preliminary Approval of a Class Action Settlement came before this Court, the Honorable Marilyn Hall Patel; presiding, on September 21, 2009. The Court, having considered the papers submitted in support of the parties' motion, HEREBY ORDERS THE FOLLOWING: 1. The Court grants preliminary approval of the Settlement and the Settlement Class based upon the terms set forth in the Joint Stipulation of Class Action Settlement and Release filed herewith. The Settlement appears to be fair, adequate and reasonable to the Class. 2. The Settlement falls within the range of reasonableness and appears to be presumptively valid, subject only to any objections that may be raised at the final

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fairness hearing and final approval by this Court. A final fairness hearing on the question of whether the proposed Settlement, attorneys' fees to Class Counsel, and the Class Representative's enhancement award should be finally approved as fair, reasonable and adequate as to the members of the Class is scheduled for January 25, 2010, at 2:00 p.m. (Pacific Time), in Courtroom 15 of the above-entitled Court. The Court approves, as to form and content, the Notice of Class Action Settlement in substantially the form attached to the Declaration of Jennifer Kramer as Exhibit "A," and the Claim Form in substantially the form attached thereto as Exhibit "B". The Court approves the procedure for Class Members to participate in, to opt out of, and to object to, the Settlement as set forth in the Notice of Class Action Settlement. The Court directs the mailing of the Notice of Class Action Settlement and the Claim Form by U.S. first-class mail to the Class Members in accordance with the Implementation Schedule set forth below. The Court finds the dates selected for the mailing and distribution of the Notice of Class Action Settlement and the Claim Form, as set forth in the Implementation Schedule, meet the requirements of due process and provide the best notice practicable under the circumstances and shall constitute due and sufficient notice to all persons entitled thereto. It is ordered the Settlement Class is preliminarily certified for settlement purposes only. The Court confirms Liberation Law Group and Jennifer Kramer Legal, APC as Class Counsel. The Court confirms Simpluris as the Claims Administrator. To facilitate administration of the Settlement pending final approval, the Court hereby enjoins Plaintiff and all Class Members from filing or prosecuting any claims, suits or administrative proceedings (including filing claims with the California Division of Labor Standards Enforcement) regarding claims released by 2
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the Settlement unless and until such Class Members have filed valid Requests for Exclusion with the Claims Administrator and the time for filing claims with the Claims Administrator has elapsed. The Court orders the following Implementation Schedule for further proceedings:

a.

Deadline for Defendant to Submit

10 calendar days after Order

Class Member Information to Claims Granting Preliminary Approval. Administrator b. Deadline for Claims Administrator to 30 calendar days after Order Mail the Notice and the Claim Form to Class Members c. Deadline for Class Members to Postmark Claim Forms 45 calendar days after mailing of the Notice and Claim Form to Class Members d. Deadline for Class Members to Postmark Requests for Exclusion 45 calendar days after mailing of the Notice and Claim Form to Class Members e. Deadline for Receipt by Court and Counsel of any Objections to Settlement f. Deadline for Class Counsel to file Motion for Final Approval of Settlement g. Deadline for Class Counsel to file 30 calendar days before the Final 45 calendar days after mailing of the Notice and Claim Form to Class Members 30 calendar days before the Final Approval Hearing Granting Preliminary Approval

Motion for Attorneys' Fees, Costs and Approval Hearing Enhancement Award

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h.

Deadline for Claims Administrator to 5 calendar days before the Final compile Declaration of Due Diligence Approval Hearing and Proof of Mailing

i.

Deadline for Defendant to provide written Notice of Rescission of Settlement to Class Counsel (if applicable)

5 calendar days before the Final Approval Hearing, provided the number and percentage of number and percentage of opt outs has been previously provided to Defendant by Claims Administrator

j.

Final Fairness Hearing and Final Approval

January 25, 2010

k.

Deadline for Claims Administrator to 35 calendar days after Final mail the Settlement Awards and the Enhancement Award, and to wire transfer the Attorneys' Fees and Costs (if Settlement is Effective) Effective Date

l.

Claims Administrator to File Proof of 180 calendar days after Final Payment of Settlement Awards, Enhancement Award, Attorneys' Fees and Costs (if Settlement is Effective) Effective Date

IT IS SO ORDERED.

UNIT ED

13 Dated: October _____, 2009

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The Honorable Marilyn Hall Patel D Judge of theO ORDERE District Court, S United States SDistrict of California IT I Northern

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