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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RICHARD N. HILL, Bar No. 083629
Email: [e-mail]
ROBERT L. ZALETEL, Bar No. 96262
Email: [e-mail]
LITTLER MENDELSON
A Professional Corporation
650 California Street, 20th Floor
San Francisco, CA 94108.2693
T: 415.433.1940
F: 415.399.8490

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Attorneys for Defendants
INCOM MECHANICAL, INC., JOE LOCATI,
JEFFREY LOCATI, PHIL LOCATI

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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: [e-mail]
[e-mail]

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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: [e-mail]

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Attorneys for Plaintiffs and the Putative Class
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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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,

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Plaintiffs,

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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

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AMENDED
ION FOR CERTIFICATION OF
SETTLEMENT CLASS AND PRELIMINARY APPROVAL OF SETTLEMENT

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TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:

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Plaintiffs' motion for preliminary approval of the class action settlement came before this

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Court, Hon. Susan Y. Illston presiding, on October 7, 2011. The Court, having considered the papers

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submitted in support of the application of the parties, HEREBY ORDERS THE FOLLOWING:

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1.

The Court grants preliminary approval of the Settlement and the Settlement Class

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based upon the terms set forth in the Joint Stipulation of Settlement and Release Between Plaintiffs

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and Defendants ("Settlement Agreement"), attached to the Declaration of Bryan Schwartz as Exhibit

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1. The Settlement appears to be fair, adequate, and reasonable to the Class.

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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

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the final fairness hearing and final approval by this Court.
In re Bluetooth Headset Litig., 654

3.

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F.3d 935 (9th Cir. 2011), Class Counsel will file their motion for fees and costs 15 days before the

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final approval motion deadline.

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4.

A final fairness hearing on the question of whether the proposed Settlement,

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attorneys' fees to Class Counsel, and the Class Representative's enhancement payments should be

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finally approved as fair, reasonable, and adequate as to the members of the Class is scheduled for

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March 16, 2011, at 9:00 a.m., in the Courtroom of the Hon. Susan Y. Illston, Courtroom 10.

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5.

The Court approves, as to form and content, the Notice of Class Action Settlement

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("Notice") attached to the Declaration of Bryan Schwartz as Exhibit 1A and the Claim Form in

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substantially the form attached thereto as Exhibit 1B. The Court approves the procedure for Class

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Members to participate in, to opt out of, and to object to the Settlement as set forth in the Notice.

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6.

The Court directs the mailing of the Notice and the Claim Form by first-class mail to

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the Class Members in accordance with the Implementation Schedule set forth below. The Court

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finds the dates selected for the mailing and distribution of the Notice and the Claim Form, as set

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forth in the Implementation Schedule, meet the requirements of due process and provide the best

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notice practicable under the circumstances and shall constitute due and sufficient notice to all

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persons entitled thereto.
AMENDED
ION FOR CERTIFICATION OF
SETTLEMENT CLASS AND PRELIMINARY APPROVAL OF SETTLEMENT CIV. 11-1392 SI

Page 2

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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.

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9.

The Court confirms Simpluris as the Claims Administrator.

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10.

The Court orders the following Implementation Schedule for further proceedings:

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Deadline for Defendants to Provide 10 Business Days after Court Orders
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Claims Administrator all Data Necessary Preliminary Approval of Settlement
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for Effectuating the Settlement

10/21/11

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Deadline for Defendants to Deposit 20

Days

after

Court

Orders

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Settlement

Amount

into

Qualified Preliminary Approval of Settlement,

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Settlement Fund

or by November 1, 2011, whichever is

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sooner

11/1/11

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Deadline for Claims Administrator to

Mail the Notice and the Opt-in and Preliminary Approval of
Claim Form to Class Members

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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.

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Claims Administrator
1/13/12

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Settlement
11/14/11

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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

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1/30/12

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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

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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.

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Approval

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IT IS SO ORDERED.
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1/24/12
Dated: _______ ___, 2011

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____
THE HONORABLE SUSAN Y. ILLSTON
JUDGE OF THE UNITED STATES DISTRICT COURT

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AMENDED
ION FOR CERTIFICATION OF
SETTLEMENT CLASS AND PRELIMINARY APPROVAL OF SETTLEMENT CIV. 11-1392 SI

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