O'Sullivan v. AMN Services, Inc.

Filing 76

ORDER by Judge Joseph C. Spero granting 63 Motion for Settlement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (jcslc1, COURT STAFF) (Filed on 9/10/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER O'SULLIVAN,
individually and on behalf of all others
similarly situated,

Case No. 12-cv-02125-JCS
Consolidated with 12-cv-3190-JCS

Plaintiffs,
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v.
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AMN SERVICES, INC., et al.,

United States District Court
Northern District of California

Defendants.

ORDER GRANTING MOTION FOR
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT
Re: Dkt. No. 63

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ALICE OGUES, on behalf of herself and all
others similarly situated,

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v.
AMN SERVICES, LLC, AMN
HEALTHCARE, INC., AMN
HEALTHCARE SERVICES, INC., and
DOES 1 to 50,
Defendants.

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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The Court has before it the unopposed motion for preliminary approval of a proposed class

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action settlement. After reviewing the Motion for Preliminary Approval, the Memorandum of

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Understanding, the Supplemental Declaration of Alan Harris In Support of the Motion for

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Preliminary Approval of Class Action Settlement (“Supplemental Harris Declaration”), which

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includes the Class Agreement and Release Of All Claims (“Settlement Agreement), as well as the

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Class Notice and Claim Form, filed with the Court, the Court hereby finds and orders as follows:

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1.

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and reasonable, falls within the range of reasonableness, and therefore meets the requirements for

The Court conditionally finds that the Settlement Agreement appears to be fair, adequate

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preliminary approval.

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Class: “All persons employed by AMN Services, LLC as non-exempt healthcare professionals in

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the State of California during the period from January 30, 2008 to September 10, 2013.” The

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Court preliminarily approves the terms of the Settlement Agreement attached hereto as Exhibit 1.

The Court conditionally certifies for settlement purposes only the following Settlement

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3.

The Court conditionally finds, for purposes of settlement only, that the Settlement Class

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meets the requirements for class certification under Fed. R. Civ. P. 23(a) and 23(b)(3) in that: (1)
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the Settlement Class members are so numerous that joinder is impracticable; (2) there are
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questions of law and fact that are common to all Settlement Class members, which questions
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predominate over individual issues; (3) Named Plaintiffs’ claims are typical of the claims of the

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United States District Court
Northern District of California

Settlement Class members; (4) the Named Plaintiffs and Class Counsel will fairly and adequately
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protect the interests of the Settlement Class members; and (5) a class action is superior to other
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available methods for the fair and efficient adjudication of the controversy.
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4.

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Ruble, and Shaun Setareh, of the Setareh Law Group, as Class Counsel for the Settlement Class.

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As set forth in the Settlement Agreement, the Court will review Plaintiffs’ request for attorneys’

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fees and costs at the hearing on the motion for final approval of class action settlement.

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5.

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O’Sullivan, Alice Ogues and David Bell as Class Representatives for the Settlement Class. As set

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forth in the Settlement Agreement, the Court will review and award any proposed enhancement

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awards at the hearing on the motion for final approval of class action settlement.

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attorneys’ fees, costs and enhancement awards on or before the date the Claims Adminstrator

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mails the Notice and Claim Forms to the Class Members.

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7.
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The Court conditionally appoints, for settlement purposes only, Alan Harris, of Harris &

The Court conditionally appoints for settlement purposes only, Plaintiffs Christopher

As set forth in the Settlement Agreement, Counsel and Plaintiffs shall file any request for

The Court authorizes the retention of Gilardi & Co. LLC (“Gilardi”) as the Claims

Administrator. As set forth in Gilardi’s quote, which is attached as Exhibit 4 to the Supplemental

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Harris Declaration, the cost for claims administration shall not exceed $60,000.

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attached hereto as Exhibit 2. The Notice appears to fully and accurately inform the Class Members

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of all material terms of the proposed Settlement Agreement, the preliminary approval of the

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Settlement, the Settlement Class Members' right to be excluded from the Settlement Class, each

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Class Member's right and opportunity to object to the Settlement Agreement, and the scheduling

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of the Final Approval Hearing.

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Form”), attached hereto as Exhibit 3.

The Court preliminarily approves, as to the form and content, the Class Notice (“Notice”),

The Court preliminarily approves, as to the form and content, the Claim Form (“Claim

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United States District Court
Northern District of California

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The Court finds that the dates selected for the mailing and distribution of the Notice and

Claim Form meet the requirements of due process and provide the best notice practicable under

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the circumstances and shall constitute due and sufficient notice to all persons entitled thereto.

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schedule and deadlines set forth in the Settlement Agreement.

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on February 7, 2014 (“Final Approval Hearing”). The Motion for Final Approval of the Class

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Action Settlement shall be filed by January 17, 2014.

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13.

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shall be given a full opportunity to object to the proposed Settlement and requests for attorneys’

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fees, costs and enhancement awards, and to participate at a Final Approval Hearing. As set forth in

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the Settlement Agreement, any Class Member seeking to object to the proposed Settlement shall

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file such objection in writing with the Court and shall serve such objection on Class Counsel and

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Defense Counsel no later than the Objection/Exclusion Deadline set forth in the Settlement

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Agreement. Any Settlement Class member who fails to file and serve a timely written objection

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shall be foreclosed from objecting to the proposed Settlement Agreement, unless otherwise

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ordered by the Court. The parties may not take the deposition of any absent Class Member

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without further leave of the Court.

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The parties and Gilardi are ordered to carry out the settlement according to the terms,

The hearing on the Motion for Final Approval of Class Action Settlement shall take place

The Court further orders that each Class Member who does not opt out of the Settlement

The Court further orders that any Class Member who submits a valid and timely request
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for exclusion shall no longer be a member of the Settlement Class, shall be barred from

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participating in this Settlement Agreement and shall receive no benefit from this Settlement

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Agreement.

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conclusively be deemed to have given a release, as set forth in the Settlement Agreement, Notice

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and Claim Form, against the Defendant and all such Class Members and their successors shall be

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permanently enjoined and forever barred from asserting any claim related to this action against the

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Defendant. If for any reason the Court does not execute and file a Final Approval Order, the

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proposed Settlement subject to this Order and all evidence and proceedings had in connection

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herewith shall be without prejudice to the status quo ante rights of the parties to the litigation.

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United States District Court
Northern District of California

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neither the Named Plaintiffs, nor any Class Member who has not timely opted out of the

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Settlement Class, either directly, representatively or in any other capacity, shall commence any

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action or proceeding in any court or tribunal against Defendant or any of the Released Parties

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asserting any of the Released Claims. Similarly, from the date of this Order through the date of the

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Final Approval Hearing, Class Members who do not exclude themselves from the Settlement

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Class shall be prohibited from filing any complaints with the California Department of Labor

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Standards Enforcement or from initiating any other proceedings regarding the Class Released

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Claims.

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further notice to the Settlement Class, and retains jurisdiction to consider all further applications

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arising out of or connected with the proposed Settlement Agreement.

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If the Court grants final approval, all Class Members and their successors shall

Pending final determination of whether the Settlement Agreement should be approved,

The Court reserves the right to continue the date of the Final Approval Hearing without

IT IS SO ORDERED.
Dated: September 10, 2013
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JOSEPH C. SPERO
United States Magistrate Judge

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