Galeener v. Source Refrigeration & HVAC, Inc.

Filing 142

Order by Hon. Vince Chhabria granting 141 Stipulation re Edit to Class Notice.(knm, COURT STAFF) (Filed on 4/15/2015)

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John M. Padilla (Cal. Bar No. 279815)
[e-mail]
PADILLA & RODRIGUEZ, L.L.P.
601 South Figueroa Street, Suite 4050
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]

Jahan C. Sagafi (Cal. Bar No. 224887)
[e-mail]
Outten & Golden LLP
One Embarcadero Center, 38th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

Galvin B. Kennedy (admitted pro hac vice)
[e-mail]
Gabriel Assaad (admitted pro hac vice)
[e-mail]
KENNEDY HODGES, L.L.P.
711 W. Alabama Street
Houston, Texas 77007
Telephone: [phone]
Facsimile: [phone]

Christopher M. McNerney (admitted pro
hac vice)
[e-mail]
Outten & Golden LLP
3 Park Avenue, 29th Floor
New York, NY 10016
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and proposed Class Members
MARGARET A. KEANE (SBN 255378)
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105-2933
Tel.: [phone]
Fax: [phone]

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BENJAMIN M. GIPSON (SBN 222830)
[e-mail]
KATHARINE J. LIAO (SBN 255157)
[e-mail]
DLA PIPER LLP (US)
2000 Avenue of the Stars
Suite 400 North Tower
Los Angeles, CA 90067
Tel.: [phone]
Fax: [phone]

Attorneys for Defendant Source Refrigeration & HVAC, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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LYLE E. GALEENER, individually and on
behalf of all others similarly situated,

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Plaintiff,

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v.

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SOURCE REFRIGERATION & HVAC, INC.,

Case No. 13-cv-04960-VC
STIPULATION AND [PROPOSED]
ORDER RE EDIT TO CLASS NOTICE
The Honorable Vince Chhabria
Courtroom 4; 17th Floor

Defendant.

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STIPULATION & [PROPOSED] ORDER
RE EDIT TO CLASS NOTICE
CASE NO. 13-CV-04960-VC

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WHEREAS, on March 13, 2015, the Court granted preliminary approval of the parties’

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proposed class action settlement, approving, among other things, the Class Notice and

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Confirmation Form;

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WHEREAS, the Class Notice explains to class members that the settlement provides for
$10,000,000 in monetary relief as a common fund, from which attorneys’ fees and costs and class
representative service payments approved by the Court will be subtracted;

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WHEREAS, Source provided the class data to the Settlement Administrator as scheduled
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on April 10, 2015;
WHEREAS, the Class Notice is scheduled to be disseminated to the Class Members on
April 27, 2015;
WHEREAS, the Confirmation Form that will be sent to Class Members along with the
Class Notice correctly states that “[i]t is estimated that $6,700,000 will remain for Class Members
to share after these expenses and costs are taken out,” which is arrived at as follows:

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$10,000,000 common fund
- $3,000,000 in attorneys’ fees
- $75,000 in class representative service payments
- $195,000 in out-of-pocket costs
- $30,000 in costs of administration
= $6,700,000;

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WHEREAS, the Class Notice informs Class Members that Class counsel will seek
reimbursement for “out-of-pocket costs of up to $195,000,” without mentioning costs of
administration by the Court-appointed Settlement Administrator CPT Group; and
WHEREAS, the parties wish to edit the Class Notice by adding the following text in

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Section 18 to ensure that Class Members are aware of the $30,000 in costs of administration,

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consistent with the $6,700,000 figure listed in the Confirmation Form: “The cost of

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administration of the settlement, estimated to be approximately $30,000, will also come from the
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settlement fund.”
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STIPULATION & [PROPOSED] ORDER
RE EDIT TO CLASS NOTICE
CASE NO. 13-CV-04960-VC

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THEREFORE, the Parties respectfully request that the Court approve the addition of the
text listed above to Section 18 of the Class Notice.

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Dated: April 13, 2015

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DLA PIPER LLP (US)

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By:

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/s/ Benjamin M. Gipson
BENJAMIN M. GIPSON
Attorneys for Defendant
SOURCE REFRIGERATION & HVAC,
INC.

Dated: April 13, 2015

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OUTTEN & GOLDEN LLP

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By:

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/s/ Jahan Sagafi
JAHAN SAGAFI
Attorneys for Plaintiff and the Putative Class

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STIPULATION & [PROPOSED] ORDER
RE EDIT TO CLASS NOTICE
CASE NO. 13-CV-04960-VC

ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that:

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(1)

The Class Notice shall be edited to include the following text in Section 18:

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“The cost of administration of the settlement, estimated to be approximately

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$30,000, will also come from the settlement fund.”

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IT IS SO ORDERED.

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Dated: April ___, 2015
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_____________________________________
VINCE CHHABRIA
UNITED STATES DISTRICT JUDGE

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STIPULATION & [PROPOSED] ORDER
RE EDIT TO CLASS NOTICE
CASE NO. 13-CV-04960-VC