Song v. KLM Group, Inc

Filing 40

ORDER re 37 MOTION for Settlement Motion for Preliminary Approval of Class Action Settlement; Memorandum of Points and Authorities in Support filed by Stephen Song (sclc1, COURT STAFF) (Filed on 6/23/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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STEPHEN SONG, individually and on
behalf of all others similarly
situated,

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Plaintiff,

For the Northern District of California

United States District Court

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v.
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KLM GROUP, INC. d/b/a KLM ONSITE
SOLUTIONS, a Pennsylvania
corporation; and DOES 1 through
20, inclusive,

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Defendants.

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) Case No. 10-3583 SC
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) ORDER REQUIRING
) SUPPLEMENTAL BRIEFING
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Before the Court is a Motion for Preliminary Approval of Class

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Action Settlement brought by Plaintiff Stephen Song ("Plaintiff").

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ECF No. 32 ("Mot.")

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filed a Statement of Non-Opposition to the Motion.

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support of the Motion, Plaintiff has filed the Settlement

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Agreement, ECF No. 36 ("Settlement"), as well as the proposed

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settlement notice, Settlement Ex. 1 ("Notice"), and the proposed

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claim form, Settlement Ex. 2 ("Claim Form").

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Sherry Jung ("Jung") and Larry W. Lee ("Lee") have submitted

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declarations summarizing their efforts in investigating and

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litigating the case to date and setting forth their qualifications

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to serve as class counsel.
Decl.").

Defendant KLM Group, Inc. ("Defendant") has
ECF No. 38.

In

Plaintiff's attorneys

ECF Nos. 33 ("Lee Decl."), 34 ("Jung

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Having reviewed the papers submitted, the Court finds that it

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cannot grant the relief requested without additional information.

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Plaintiff's counsel declares that the parties have conducted

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substantial informal discovery, which included the production of

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payroll and time record data for a substantial number of class

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members.

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counsel has evaluated the potential damages the class could recover

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absent settlement and has determined that a settlement awarding

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class members an average of $300 is fair and reasonable.

Lee Decl. ¶ 6.

Based on this information, Plaintiff's

Id. ¶ 12.

United States District Court

For the Northern District of California

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However, Plaintiff has not provided the Court with similar

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information that would allow it to assess the potential damages

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available to the class members absent settlement.

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information, the Court cannot properly determine whether the

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settlement is fair, reasonable, and adequate.

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Without this

The Court thus DEFERS ruling on the Motion for Settlement.

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The Court ORDERS Plaintiff Stephen Song to file supplemental

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briefing providing the Court with an estimate of the average amount

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of damages, and the minimum and maximum individual damages awards,

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that class members could recover if Plaintiff were to prevail on

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the merits of his case.

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thirty (30) days of this Order.

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brief should be supported by sworn declarations and/or other

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documentary evidence.

Plaintiff shall file his brief within
The factual allegations in the

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IT IS SO ORDERED.

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Dated: June 23, 2011
UNITED STATES DISTRICT JUDGE

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