Martinez et al v. Incom Mechanical, Inc. et al

Filing 42

ORDER (amended) approving class settlement. Signed by Judge Illston on 1/24/12. (tf, COURT STAFF) (Filed on 1/24/2012)

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1 2 3 4 5 RICHARD N. HILL, Bar No. 083629 Email: ROBERT L. ZALETEL, Bar No. 96262 Email: LITTLER MENDELSON A Professional Corporation 650 California Street, 20th Floor San Francisco, CA 94108.2693 T: 415.433.1940 F: 415.399.8490 6 7 Attorneys for Defendants INCOM MECHANICAL, INC., JOE LOCATI, JEFFREY LOCATI, PHIL LOCATI 8 9 10 11 12 BRYAN SCHWARTZ LAW BRYAN SCHWARTZ, Bar No. 209903 HILLARY BENHAM-BAKER, Bar No. 65019 180 Grand Avenue, Suite 1550 Oakland, CA 94612 T: 510.444.9300 F: 510.444.9301 Email: 13 14 15 16 LAW OFFICES OF J. CHRISP JESSE BURL CHRISP, Bar No. 262518 14655 Lakeshore Drive Clearlake, CA 94522 T: 707.994.0529 F: 707.995.3529 Email: 17 Attorneys for Plaintiffs and the Putative Class 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 22 Ricky Martinez, Josh LeClair, Norberto Suarez, Tyler Fox, and Jared Hutman, individually, on behalf of all others similarly situated, and on behalf of the general public, 23 Plaintiffs, 21 24 25 26 27 v. Incom Mechanical, Inc., Joe Locati, Jeffrey Locati, Phil Locati, and DOES 1 through 50 inclusive, Defendants. Case No. 3:11-CV-01392 SI AMENDED [PROPOSED] ORDER MOTION FOR CERTIFICATION OF SETTLEMENT CLASS, PRELIMINARY APPROVAL OF SETTLEMENT, AND APPROVAL OF CLASS NOTICE AND SETTLEMENT ADMINISTRATOR Hearing Date: Time: Judge: October 7, 2011 9:00 a.m. Susan Y. Illston 28 AMENDED ION FOR CERTIFICATION OF SETTLEMENT CLASS AND PRELIMINARY APPROVAL OF SETTLEMENT 1 TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD: 2 Plaintiffs' motion for preliminary approval of the class action settlement came before this 3 Court, Hon. Susan Y. Illston presiding, on October 7, 2011. The Court, having considered the papers 4 submitted in support of the application of the parties, HEREBY ORDERS THE FOLLOWING: 5 1. The Court grants preliminary approval of the Settlement and the Settlement Class 6 based upon the terms set forth in the Joint Stipulation of Settlement and Release Between Plaintiffs 7 and Defendants ("Settlement Agreement"), attached to the Declaration of Bryan Schwartz as Exhibit 8 1. The Settlement appears to be fair, adequate, and reasonable to the Class. 9 2. The Settlement is supported by the recommendations of counsel and was negotiated presumptively valid, subject only to any objections that may be raised at 10 11 12 the final fairness hearing and final approval by this Court. In re Bluetooth Headset Litig., 654 3. 13 F.3d 935 (9th Cir. 2011), Class Counsel will file their motion for fees and costs 15 days before the 14 final approval motion deadline. 15 4. A final fairness hearing on the question of whether the proposed Settlement, 16 attorneys' fees to Class Counsel, and the Class Representative's enhancement payments should be 17 finally approved as fair, reasonable, and adequate as to the members of the Class is scheduled for 18 March 16, 2011, at 9:00 a.m., in the Courtroom of the Hon. Susan Y. Illston, Courtroom 10. 19 5. The Court approves, as to form and content, the Notice of Class Action Settlement 20 ("Notice") attached to the Declaration of Bryan Schwartz as Exhibit 1A and the Claim Form in 21 substantially the form attached thereto as Exhibit 1B. The Court approves the procedure for Class 22 Members to participate in, to opt out of, and to object to the Settlement as set forth in the Notice. 23 6. The Court directs the mailing of the Notice and the Claim Form by first-class mail to 24 the Class Members in accordance with the Implementation Schedule set forth below. The Court 25 finds the dates selected for the mailing and distribution of the Notice and the Claim Form, as set 26 forth in the Implementation Schedule, meet the requirements of due process and provide the best 27 notice practicable under the circumstances and shall constitute due and sufficient notice to all 28 persons entitled thereto. AMENDED ION FOR CERTIFICATION OF SETTLEMENT CLASS AND PRELIMINARY APPROVAL OF SETTLEMENT CIV. 11-1392 SI Page 2 1 2 3 4 7. It is ordered that the Settlement Class is preliminarily certified for settlement purposes only. 8. The Court confirms Bryan Schwarz Law and the Law Offices of Jesse Chrisp as Class Counsel for purposes of settlement only. 5 9. The Court confirms Simpluris as the Claims Administrator. 6 10. The Court orders the following Implementation Schedule for further proceedings: 7 Deadline for Defendants to Provide 10 Business Days after Court Orders 8 Claims Administrator all Data Necessary Preliminary Approval of Settlement 9 for Effectuating the Settlement 10/21/11 10 Deadline for Defendants to Deposit 20 Days after Court Orders 11 Settlement Amount into Qualified Preliminary Approval of Settlement, 12 Settlement Fund or by November 1, 2011, whichever is 13 sooner 11/1/11 14 15 16 17 Deadline for Claims Administrator to Mail the Notice and the Opt-in and Preliminary Approval of Claim Form to Class Members 20 21 22 Deadline for Class Members to Postmark 60 Days after Notice of Proposed Claim Forms, Request Exclusion from Class Action Settlement and Opt-in the Class (opt out) and serve written and Claim Form is mailed by the objections to the Settlement. 25 Claims Administrator 1/13/12 23 24 Settlement 11/14/11 18 19 25 Business Days after Court Orders Deadline for Class Counsel to file fee 15 days after the expiration of the 60 petition. day period to file Opt-in and Claim Forms 26 1/30/12 27 28 Deadline for Class Counsel to file 30 Days after the Expiration of the 60 AMENDED ION FOR CERTIFICATION OF SETTLEMENT CLASS AND PRELIMINARY APPROVAL OF SETTLEMENT CIV. 11-1392 SI Page 3 1 2 3 Motion for Final Approval of Settlement, Day Period to File Opt-in and Claim Motion for Attorneys' Fees, Costs, and Forms Enhancement Award 2/13/12 Final Fairness Hearing and Final March 16, 2012 at 9:00 a.m. 4 5 6 7 Approval 8 9 10 IT IS SO ORDERED. 11 1/24/12 Dated: _______ ___, 2011 12 13 14 ____ THE HONORABLE SUSAN Y. ILLSTON JUDGE OF THE UNITED STATES DISTRICT COURT 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDED ION FOR CERTIFICATION OF SETTLEMENT CLASS AND PRELIMINARY APPROVAL OF SETTLEMENT CIV. 11-1392 SI Page 4

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