Palana v. Mission Bay Inc. et al

Filing 153

ORDER Granting Motion for Preliminary Approval of Class Action Settlement. Signed by Judge Susan Illston on 5/18/16. (tfS, COURT STAFF) (Filed on 5/19/2016)

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TOMAS E. MARGAIN, Bar No. 193555
HUY TRAN, Bar No. 288196
Justice at Work Law Group
84 West Santa Clara Street, Suite 790
San Jose, CA 95113
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
CARY KLETTER
SALLY TRUNG NGUYEN
KLETTER + NGUYEN LAW LLP
1900 South Norfolk Street, Suite 350
San Mateo, CA 94403
[e-mail]
[e-mail]
Attorneys for Plaintiffs
HORACIO DE VEYRA PALANA, JOAN SOLIVEN,
And ALEXANDER YALUNG, individually and for
the Certified Classes, and SHEILAH BALAGTAS
and FELIX CADENAS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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HORACIO DE VEYRA PALANA, JOAN
SOLIVEN, CONCHITO CABILES, and
ALEXANDER YALUNG, individually
and on behalf of all others similarly
situated, and SHEILAH BALAGTAS and
FELIX CADENAS individually,
Plaintiffs,

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v.
MISSION BAY INC. and PRINT IT
HERE AND COPY, INC.,
Defendants.

Case No. 13-CV-05235 SI
[Proposed] ORDER GRANTING MOTION
FOR PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT
Date: May 13, 2016
Time: 10:00 a.m.
Location: Ctrm 1, 17th Floor
San Francisco Federal Courthouse
Judge: Susan Illston, Senior Judge
Trial Date: Not Set

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Case No. 13-CV-05235 SI

[Proposed] ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION
SETTLEMENT

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The parties to the above-captioned litigation (the "Litigation") have entered into a Settlement
Agreement and Release of Claims, together with exhibits (collectively, the "Settlement Agreement"
or "Settlement"), that sets forth the terms and conditions for a proposed settlement, which if
approved by the Court, would fully and finally resolve the Litigation.
Plaintiffs have filed a motion for preliminary approval of the Settlement Agreement and for

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an order directing dissemination of notice of class action settlement ("Motion"). The Motion came

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on for hearing on May 13, 2016, at 10:00 a.m. before the undersigned.

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Having considered the Motion and the points and authorities and declarations submitted in
support of the Motion, including the Class Action Settlement and Release and exhibits, and the
notice of class action settlement, and the statements of counsel at the hearing on the Motion and

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GOOD CAUSE appearing, IT IS HEREBY ORDERED that the Motion is GRANTED, and the
Court makes the following findings and orders:
1.

This Order incorporates by reference the definitions in the Settlement Agreement,
Second Supplemental Declaration of Tomas E. Margain
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found as Exhibit A to the Declaration of Huy Tran in Support of the Motion for Preliminary
152
Approval [Docket No. 142] and all terms in this Order shall have the same meaning as set forth in
the Settlement Agreement.
2.

The class action settlement set forth in the Settlement Agreement, entered into among

the Parties and their counsel, is preliminarily approved as it appears to be proper, to fall within the

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range of reasonableness, to be the product of arm’s-length and informed negotiations, to treat all

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Class Members fairly, and to be presumptively valid, subject only to any objections that may be

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raised at or before the final approval hearing.

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3.

The Court finds that Plaintiffs’ counsel conducted sufficient investigation and

research, and that they were able to reasonably evaluate the position of Plaintiffs and class members
and the strengths and weaknesses of their claims. Plaintiffs have provided the Court with enough
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Case No. 13-CV-05235 SI

[Proposed] ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION
SETTLEMENT

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information about the nature and magnitude of the claims being settled, as well as the impediments

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to recovery, to make an independent assessment of the reasonableness of the terms to which the

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parties have agreed.

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4.

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The Court also finds that settlement now will avoid additional and potentially

substantial litigation costs, as well as delay and risks if the Parties were to continue to litigate the
Action.
5.

The Court preliminarily approves the Settlement Agreement, including all the terms

and conditions set forth therein and the class settlement amount and allocation of payments to Class
Members.
6.

The rights of any potential dissenters to the proposed Settlement are adequately

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protected in that they may exclude themselves from the Settlement and proceed with any alleged
claims they may have against Defendant, or they may object to the Settlement and appear before this

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Court. However, to do so they must follow the procedures outlined in the Settlement Agreement and

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Notice of Class Action Settlement. Failure to follow the procedures outlined in the Settlement

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Agreement and Notice of Class Action Settlement for making objections shall result in waiver and

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the objector shall be foreclosed from challenging any of the terms of the Settlement.
7.

The Court approves, as to form and content, the proposed Notice of Class Action
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Second
Settlement (“Class Notice”) found at Exhibit 1 of the Supplemental Declaration of Tomas E.

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Margain in Support of Preliminary Approval. The Notice shall be translated by a Tagalog translator

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hired by the Third Party Administrator CPT Group.

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8.

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9.

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The Court hereby appoints CPT Group as the Third Party Claims Administrator.

The Court approves the proposed payouts as contained in Exhibit 2 of the
Docket No. 149
Supplemental Declaration of Tomas E. Margain in Support of Preliminary Approval. CPT Group is

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Case No. 13-CV-05235 SI

[Proposed] ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION
SETTLEMENT

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directed to use these amounts to determine payments, payroll tax, and apportion any excess funds in

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a pro-rate basis among the 42 class members.

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10.

The Court directs the mailing by the Third Party Claims Administrator, by First-Class

U.S. mail, of the Class Notice to Class Members in accordance with the schedule set forth below and
the other procedures described in the Settlement Agreement. The Court finds that the method

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selected for communicating the preliminary approval of the Settlement Agreement to Class Members

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is the best notice practicable under the circumstances, constitutes due and sufficient notice to all

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persons entitled to notice, and thereby satisfies due process.

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11. All further proceedings are hereby stayed except for any that are required to effectuate
the Settlement Agreement.

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12. The following dates shall govern for purposes of this Settlement:

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The Court expressly reserves the right to continue or adjourn the final approval hearing from

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time to time without further notice to the Class Members.
Date

Event

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No later than 15 calendar days after the Court
Defendants to produce to the Settlement
enters its order granting preliminary approval of Administrator and to Class Counsel any
the Settlement Agreement.)
updated contact information they have received
within the last 6 months from any of the 41class
42
members.
May 28, 2016 (or not later than 10 calendar
Last day for the Settlement Administrator to
days after the Defendants produce the list, if
mail the Class Notice to all Class Members.
any, of updated contact information of the class
members)
July 6, 2016 (or not later than 45 calendar days Last day for Class Members to submit Requests
after the Claims Administrator mails the Class
for Exclusion or objections to the Settlement.
Notice, if later)
Last day for Plaintiffs to file the Motion for
July 8, 2016
Final Approval of Class Action Settlement and
Last day for Class Counsel to file the Motion
for Attorneys’ Fees, Costs, and Class
Representative Enhancement Payments..

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Case No. 13-CV-05235 SI

[Proposed] ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION
SETTLEMENT

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Hearing on Motion for Final Approval of Class
Action Settlement and Motion for Attorneys’
Fees, Costs, and Class Representative
Enhancement Payments.

August 5, 2016 at 10:00 am

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IT IS SO ORDERED.
Dated: 5/18/16
________________________
Hon. Susan Illston
Senior District Judge
United States District Court

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Case No. 13-CV-05235 SI

[Proposed] ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION
SETTLEMENT