Bonner v. SFO Shuttle Bus Company

Filing 61

ORDER by Judge Thelton E. Henderson granting 53 Motion for Preliminary Approval of Class Settlement. (tehlc1, COURT STAFF) (Filed on 4/24/2014).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHELLE BONNER,
Plaintiff,

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v.

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SFO SHUTTLE BUS COMPANY,

Case No. 13-cv-01606-TEH
ORDER GRANTING
PRELIMINARY APPROVAL OF
CLASS SETTLEMENT

Defendant.

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On March 13, 2014, Plaintiff Michelle Bonner, on behalf of herself and others

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United States District Court
Northern District of California

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similarly situated, filed a motion for preliminary approval of class settlement. On March

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19, 2014, Defendant filed a statement of non-opposition.
Federal Rule of Civil Procedure 23(e)(2) requires that in order to approve class

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settlement, the court must find the settlement fair, reasonable, and adequate. After

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reviewing the parties’ submission, on April 9, 2014, the Court ordered the parties to submit

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supplemental briefing regarding certain aspects of their proposed settlement, including the

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settlement amount, the distribution plan, as well as the waiver of claims provisions. In

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response, the parties’ submitted a joint statement explaining certain provisions and altering

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others in a revised joint stipulation of settlement. Docket No. 56, Ex. A. Thereafter, the

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Court raised concerns regarding the settlement’s reversion provision, which was addressed

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by the parties’ Second Revised Joint Stipulation of Settlement and Release, Docket No. 59,

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Ex. 1.

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Plaintiff’s motion came before the Court for hearing on April 21, 2014. Having

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considered the parties’ arguments and the relevant statutory and case law, the Court

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GRANTS Plaintiff’s motion and orders and finds as follows:

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1. The Parties’ Second Revised Proposed Settlement Agreement (the “Settlement

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Agreement”) attached to Docket No. 59 as Exhibit 1 is preliminarily approved as fair,

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adequate, and reasonable, and within the range of possible approval, subject to further

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consideration at the final approval hearing as set forth below in paragraph 10.
2. The following Class and Collective Action is certified for settlement purposes

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only pursuant to Federal Rules of Civil Procedure 23 and 29 U.S.C. § 216(b):

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All individuals who worked for SFO Shuttle Bus Company as
a bus driver or operator at any time from January 18, 2009,
through April 24, 2014.

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3. Steven G. Tidrick, Esq., and Joel Young, Esq., of The Tidrick Law Firm are

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appointed as Class Counsel and Plaintiff Michelle Bonner is appointed as the Class

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Representative.
4. Rust Consulting, Inc. is appointed as the settlement administrator. The

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United States District Court
Northern District of California

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Administrator shall distribute the notice and claim form to the class pursuant to the terms

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and procedures set forth in the Settlement Agreement by May 8, 2014.
5. The Proposed Notice attached to the revised settlement agreement, Docket No.

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56, Ex. A is approved.
6. The Opt-Out Deadline, the Claim Form Deadline, and the deadline for objections

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as proposed in the Settlement Agreement shall be June 23, 2014.
7. Plaintiffs shall file a motion for attorneys’ fees and costs and payment of

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incentive awards to the Class Representatives by June 3, 2014.
8. Plaintiffs shall file a motion for judgment and final approval of Settlement, as

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well as any supplemental briefing in support of their motion for attorneys’ fees and costs

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and payment of incentive awards, on or before July 14, 2014. The motion papers shall

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include the parties’ responses to any objections. Counsel shall also include a declaration

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setting forth the number of class members who opted out of the class. The declaration

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should also outline the parties’ process for dealing with Class Members who submitted

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both an exclusion form and a claim form, and set forth the number of Class Members who

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did so.

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9. In preparing the motion for final approval, Plaintiffs shall confer with Defendant.
The Court does not contemplate the need for a separate submission by Defendant, but if
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Defendant wishes to submit any additional information, it must do so on or before July 18,

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2014.

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10. The final approval hearing is set for July 28, 2014, at 10:00 AM, in Courtroom

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2, 450 Golden Gate Avenue, San Francisco, CA 94102. At the hearing, the Court will

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consider whether to grant final approval of the Settlement and will also consider Plaintiffs’

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request for attorneys’ fees and costs and incentive payments to Class Representatives. Any

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Class Member who submits a timely written objection may appear at the Final Approval

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Hearing in person or by his or her own attorney.

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11. The Court may continue the date of the Final Approval Hearing without further
notice to Class Members.

United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: 4/24/14

_____________________________________
THELTON E. HENDERSON
United States District Judge

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