Song v. KLM Group, Inc

Filing 43

ORDER by Judge Samuel Conti denying 37 Motion for Settlement; denying 41 Motion for Settlement (sclc1, COURT STAFF) (Filed on 10/27/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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STEPHEN SONG, as an individual and ) Case No. C 10-03583 SC
on behalf of all others similarly )
situated,
) ORDER DENYING MOTION FOR
) PRELIMINARY APPROVAL OF
Plaintiffs,
) CLASS ACTION SETTLEMENT
vs.
)
)
KLM GROUP, INC. dba KLM ONSITE
)
SOLUTIONS, a Pennsylvania
)
corporation; and DOES 1 through
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20, inclusive,
)
)
Defendants.
)
)

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Now before the Court is Plaintiff Stephen Song's ("Plaintiff")

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Motion for Preliminary Approval of Class Action Settlement.

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No. 37 ("Motion").

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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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ECF

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

In

Having reviewed the papers submitted, the Court finds that

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that it cannot grant the relief requested because the "Class

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Representative Service Payment" is inappropriate.

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6.3.

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payment of $2,500 because he "provided documents to Class Counsel,"

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"reviewed a substantial number of documents," and "was on stand by

See Settlement §

Plaintiff, as class representative, seeks an additional

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and made himself available during both of the settlement

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conferences."

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do not justify an additional payment to Plaintiff of $2,500, which

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is five percent of the total settlement and approximately eight

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times the amount of the average award to the other class members.

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The Court would view a Class Representative Service Payment which

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is roughly three times larger than the average class member award

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as more appropriate.

Id.; Mot. at 18-19.

The Court finds these actions

United States District Court

The district court does not have the ability to "delete,

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For the Northern District of California

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modify, or substitute certain provisions" of a proposed settlement.

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Hanlon v. Chrysler Corp., 150 F.3d 1011, 1026 (9th Cir. 1998)

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(quotations omitted).

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Stephen Song's Motion for Preliminary Approval of Class Action

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Settlement.

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if the parties adjust the Class Representative Service Payment

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reflected in the Settlement Agreement.

Accordingly, the Court DENIES Plaintiff

The Court would be willing to reconsider its decision

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IT IS SO ORDERED.

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Dated:

October 27, 2011
UNITED STATES DISTRICT JUDGE

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