Ozga v. U.S. Remodelers, Inc.

Filing 32

ORDER by Judge Jeffrey S. White GRANTING 26 Motion for Preliminary Approval of Settlement. (jswlc3, COURT STAFF) (Filed on 2/26/2010)

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Todd M. Schneider (SBN 158253) [e-mail] Carolyn H. Cottrell (SBN 166977) [e-mail] W.H. "Hank" Willson, IV (SBN 233321) [e-mail] SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY LLP 180 Montgomery Street, Suite 2000 San Francisco, California 94104 Tel: [phone] Fax: [phone] TTY: [phone] Shanon J. Carson (pro hac vice) [e-mail] BERGER & MONTAGUE, P.C. 1622 Locust Street Philadelphia, Pennsylvania 19103 Tel: [phone] Fax: [phone] Attorneys for Plaintiff Matthew Ozga and others similarly situated

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MATTHEW OZGA, on his own behalf individually and on behalf of others similarly situated, Plaintiffs, vs. U.S. REMODELERS, INC., U.S. REMODELERS, INC. dba U.S. HOME SERVICES, and DOES 1-25, inclusive, Defendants.

Case No. 3:09-cv-05112 JSW [proposed] ORDER GRANTING AS MODIFIED PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASSACTION SETTLEMENT, CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS, APPROVAL OF NOTICE OF SETTLEMENT, AND SETTING OF HEARING FOR FINAL APPROVAL Date: March 5, 2010 Time: 9:00 am Courtroom: 11 Judge: The Hon. Jeffrey S. White

[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS-ACTION SETTLEMENT Ozga v. U.S. Remodelers, Inc., et al., Case No. 3:09-cv-05112 JSW

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ORDER Plaintiff has filed a Motion for Preliminary Approval of class action Settlement. Defendant does not oppose the Motion. The Court has considered the papers submitted in support of the Motion and the terms of the proposed settlement. Based on the papers and pleadings on file herein, the Court hereby finds that the settlement falls within "the range of reasonableness" for preliminary approval, and is therefore deserving of preliminary approval. As a result, the Court hereby ORDERS as follows: 1. Preliminary approval of the class action Settlement Agreement, attached as Exhibit

A to the Motion for Preliminary Approval, is GRANTED; 2. CPT Group, Inc. is appointed as Claims Administrator and the estimate of the costs

of claims administration is approved; 3. For purposes of settling this lawsuit, the Court provisionally certifies the following

Settlement Class pending final approval of the settlement: any individual who was employed by U.S. Remodelers in the State of California in the position/job classification of "Installer," including trainees and/or apprentices for that position, at any time between February 17, 2005 and the date of the Preliminary Approval of this Settlement by the Court, with the exception of any individuals who choose to be excluded from participating in the settlement by timely opting out as provided in the Settlement Agreement and Class Notice attached to the Settlement Agreement as Exhibit A; 4. 5. Plaintiff Matthew Ozga is appointed as the representative of the Settlement Class; Schneider Wallace Cottrell Brayton Konecky LLP and Berger & Montague, P.C. are

approved as Class Counsel for the Settlement Class; The forms of Class Notice and Claim Form, in the form attached as Exhibits A and the revised form of notice is B, respectively, to the Settlement Agreement, are approved; and submitted on 2/25/10 is approved. 7. approved: USRI to send $500,000 to Claims Administrator for deposit into Qualified Settlement Fund Mailing of Class Notices and Claim Forms Deadline to postmark objections or requests for Upon execution of Settlement Agreement 10 days after preliminary approval 30 days after notice mailing The following schedule and procedure for completing the final approval process is 6.

[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS-ACTION SETTLEMENT Ozga v. U.S. Remodelers, Inc., et al., Case No. 3:09-cv-05112 JSW

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exclusion Deadline to postmark Claim Form Claims Administrator provides status declaration to parties and detail of actual administration costs Settlement Fairness (final approval) hearing 45 days after notice mailing 7 days before Settlement Fairness hearing TBD (no earlier than 101 days after notice mailing, to account for governmental notice requirement of Class Action Fairness Act) TBD

Effective Date

USRI to send $1,300,000 to Claims Administrator Within 5 business days of Effective for deposit into Qualified Settlement Fund Date Enhancement payments for Ozga and Moshkovich Payment of Plaintiff's counsel's attorneys' fees and costs Payment of Settlement Awards Within 5 business days of Effective Date Within 5 business days of Effective Date Within 15 business days of Effective Date

The final approval hearing shall be heard on Friday, August 6, 2010 at 9:00 a.m. IT IS SO ORDERED. February 26, 2010 Date: ___________________

_______________________________ The Hon. Jeffrey S. White United States District Judge

[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS-ACTION SETTLEMENT Ozga v. U.S. Remodelers, Inc., et al., Case No. 3:09-cv-05112 JSW

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