Wade et al v. Minatta Transportation Company et al

Filing 50

ORDER by Magistrate Judge Bernard Zimmerman granting 39 Motion for Settlement; granting 21 Motion for Settlement (bzsec, COURT STAFF) (Filed on 2/1/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KENNETH P. WADE, et al.,

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Plaintiff(s),
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v.
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MINATTA TRANSPORTATION CO., )
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et al.,
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Defendant(s).
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No. C10-2796 BZ
JUDGMENT AND ORDER
OF DISMISSAL

This matter came before the court for hearing on February

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1, 2012, pursuant to the Order Granting Preliminary Approval

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of Settlement (“Preliminary Approval Order”), entered

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September 7, 2011, and pursuant to Plaintiffs’ Motion for

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Final Approval of Class-Action Settlement.

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notice having been given to the Class, and the court having

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considered all papers filed, the briefing submitted by the

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parties and the oral arguments presented at the hearing, and

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good cause appearing, IT IS HEREBY ORDERED AS FOLLOWS:

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1.

Due and adequate

For purposes of this Judgment and Order of

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Dismissal, all terms used herein shall have the same meaning

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as defined in the Stipulation of Settlement entered into by
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and between Plaintiffs Kenneth P. Wade and Kevin R. Baer and

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Defendants Minatta Transportation Company and Shamrock

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Materials, Inc. (“Settlement”) attached as Exhibit 1 to the

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Declaration of Alan Harris filed on May 18, 2011 (Docket No.

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22).

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Settlement are modified as set forth in the Supplemental

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Harris Declarations (Docket Nos.

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Class Notice (Docket No. 31-1) and modified Claim Form (Docket

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No. 31-3);

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Certain terms and procedures for implementation of the

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27 and 31) and the modified

For purposes of this Order, and consistent with the

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Settlement, the term “Class,” which is hereby certified for

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settlement purposes pursuant to Rule 23 of the Federal Rules

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of Civil Procedure, is defined as follows: All persons who

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were employed by Minatta Transportation Company as a truck

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driver between May 28, 2006 and September 7, 2011, the date

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the court entered the Preliminary Approval Order.

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convenience, the term Class includes those members of the

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class who opted into the collective action pursuant to

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29 U.S.C. § 216(b).

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3.

For

The court has jurisdiction over the subject matter of

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each of the claims asserted in the complaint, and has personal

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jurisdiction over the parties, including the members of the

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Class.

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4.

The court finds that the Notice provided to Class

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members was the best notice practicable under the

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circumstances of these proceedings, and that the Notice fully

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satisfies the requirements of the Federal Rules of Civil

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Procedure, due process and any other applicable laws.

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court further finds that the Settling Parties have satisfied

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the requirements of notice to pertinent government agencies

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set forth in the Class Action Fairness Act.

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5.

The

The court finds that the Settlement is fair,

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reasonable and adequate to the Class and to each Class member

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in light of the defenses raised and approves it.

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further finds that the Settlement was entered into in good

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faith following arms-length negotiations and is non-collusive.

The court

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6.

There have been no objections to the Settlement.

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7.

Thirty-six timely and valid Claim Forms were

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submitted to the Claims Administrator.

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were submitted and the Settling Parties have agreed to accept

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these late Claims Forms.

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late claims be honored.

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from the Settlement.

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8.

Two late Claim Forms

The Court hereby ORDERS that the two
There were no requests for exclusion

The court grants final approval of the Settlement and

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directs that the Settlement be consummated in accordance with

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its terms and conditions.

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filed Claims Forms shall participate and receive individual

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settlement payments in accordance with the terms of the

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Settlement.

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9.

The thirty-eight Class members who

Neither the Settlement nor this Judgment will result

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in the creation of any unpaid residue or residual.

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Administrator is ordered to make the payments required under

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the Settlement in accordance with its terms and conditions.

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Within 10 days of making the last payments authorized by this

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The Claims

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Order, the Claims Administrator shall file an accounting with

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the court.

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10. The Settlement and this Judgment release and

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absolutely and forever discharge named Plaintiffs and the

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Class, on the one hand, and Defendants Minatta Transportation

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Company and Shamrock Materials, Inc., on the other, from any

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and all claims, as follows:

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From May 28, 2006, through September 7, 2011, Class
Members shall release Defendants and all Related Persons
(which includes Defendants and each and all of their past
or present parents, subsidiaries, and affiliates, as well
as Defendants’ respective past or present predecessors,
successors, assigns, representatives, officers,
directors, shareholders, attorneys, insurers, agents, and
employees) from all “Released Claims Under California
Law” and “Unknown Claims.” “Released Claims Under
California Law” means any and all claims that were
asserted in the Litigation against Defendants by
Plaintiffs on behalf of Class Members accruing at any
time prior to the entry by the Court of the Order of
Preliminary Approval, which include claims arising under
California Labor Code sections 201, 202, 203, 204, 210,
218, 218.5, 218.6, 226, 226.7, 510, 512, 1194, 1194.2,
1197, and 1198 (and related provisions under the
Industrial Welfare Commission Wage Orders); related
claims under section 17200 et seq. of the California
Business and Professions Code; and related claims under
section 2698 et seq. of the California Labor Code.
“Released Claims” specifically excludes any and all
current or potential claims for (a) workers compensation,
(b) unemployment insurance, (c) any and all claims for
discrimination, harassment, failure to accommodate and/or
retaliate, including claims under the California Fair
Employment Housing Act, Title VII of the Civil Rights Act
of 1964, as amended, the U.S. Family and Medical Leave
Act of 1993, as amended, the National Labor Relations
Act, as amended, the Civil Rights Act of 1866, as
amended, Section 1983 of the Civil Rights Act of 1871, as
amended, Section 1981 of the Civil Rights Act, as
amended, the Immigration Reform and Control Act of 1986,
as amended, the Employee Retirement Income Security Act
of 1974, as amended, the Comprehensive Omnibus Budget
Reconciliation Act of 1985, as amended, the Health
Insurance Portability and Accountability Act of 1995, as
amended, the Americans with Disabilities Act, as amended,
the Rehabilitation Act of 1973; the federal Age
Discrimination in Employment Act of 1967. “Unknown
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Claims” means any and all wage-hour causes of action and
claims relating to those causes of action and claims
alleged in the Complaint (the operative pleading) that
have been, could have been, or may have been alleged by a
Class Member in the Litigation that the Class Member (as
well as his or her assigns, predecessors, and successors)
does not know or suspect to exist in his or her favor at
the time of the release of the Released Persons and that,
if known by him or her, might have affected his or her
settlement with and release of any or all of the Released
Persons or might have affected his or her decision not to
object to or request to be excluded from the Stipulation
of Settlement. All Class Members who do not exercise
their right to exclude themselves also agree to waive all
rights and benefits afforded by section 1542 of the
California Civil Code, which provides:

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“A general release does not extend to claims which the
creditor does not know about or does not suspect to exist
in his or her favor at the time of executing the release,
which if known by him or her must have materially
affected his or her settlement with the debtor.”

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Only those Class Members who submitted Claim Forms
shall release Defendants and Related Persons from
“Released Claims Under the FLSA,” which means any
and all claims that were asserted in the Litigation
against Defendants by Plaintiffs on behalf of Class
Members accruing at any time prior to the entry by
the Court of the Order of Preliminary Approval and
arising under the FLSA.

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11.

The court determines that the Claims Administrator

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is entitled to an award of $7,500 for costs related to the
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administration of the claims procedure and distribution of the
settlement fund.
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The court hereby enters this Order as Judgment and

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decrees that upon entry, it shall be deemed as a final

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judgment with respect to all claims by all members of the

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Class against Defendants.

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13.

The court hereby dismisses this action against

Defendants with prejudice.

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14.

The court shall retain jurisdiction over this action

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for purposes of administering and enforcing this Judgment.

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Dated: February 1, 2012

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Bernard Zimmerman
United States Magistrate Judge

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G:\BZALL\-BZCASES\WADE V. MINATTA\JUDGMENT.USE THIS.wpd

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