Meza v. S.S. Skikos, Inc. et al

Filing 48

Order by Hon. Thelton E. Henderson granting 45 Motion for Preliminary Approval of Settlement. (Attachments: # 1 Exhibit A: Stipulation of Settlement)(tehlc1, COURT STAFF) (Filed on 2/24/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSE MEZA,
Plaintiff,

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v.

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S.S. SKIKOS, INC., et al.,

Case No. 15-cv-01889-TEH
ORDER GRANTING
PRELIMINARY APPROVAL OF
SETTLEMENT

Defendants.

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This matter came before the Court on February 22, 2016 for a hearing on Plaintiff’s

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United States District Court
Northern District of California

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unopposed motion for preliminary approval of settlement. (Docket No. 45.) Having

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considered the Stipulation of Settlement and Release (“Settlement Stipulation”), Notice

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Packet, documents filed in support of the instant motion, and statements of counsel, the

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Court HEREBY ORDERS THE FOLLOWING:1
1.

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The Court GRANTS preliminary approval of the terms and conditions

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contained in the Settlement Stipulation, attached hereto as Exhibit A. The Court

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preliminarily finds that the terms of the Settlement Stipulation appear to be within the

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range of possible approval, as they are fair, adequate and reasonable, and therefore comply

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with Federal Rule of Civil Procedure 23(e).

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2.

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representative.

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3.

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The Court preliminarily appoints Plaintiff, Jose Meza, as the class

The Court preliminarily appoints Schneider Wallace Cottrell Konecky

Wotkyns LLP and Villegas Carrera, LLP, as Class Counsel.
4.

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The Court GRANTS conditional certification of the California Class for

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settlement purposes. The “California Class” is defined to mean “all current and former

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Drivers employed by Defendants in California during the California Class Period.” The

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Unless otherwise noted, capitalized terms in this Order shall have the same meaning
as in the Settlement Stipulation.

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“California Class Period” is the period beginning April 27, 2011 through the date of this

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Order.

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5.

The Court GRANTS conditional certification of the California FLSA Class

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for settlement purposes. The “California FLSA Class” is defined as “all current and

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former Drivers who were employed by Defendants in California during the California

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FLSA Class Period.” The “California FLSA Class Period” is the period beginning April

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27, 2012 through the date of this Order.

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6.

The Court finds that, for settlement purposes, the above-defined Classes

meet all of the requirements for class certification. The Court further finds that the
requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) are satisfied and that:

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United States District Court
Northern District of California

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(a) the above-defined Classes are ascertainable; (b) the Class Members are so numerous

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that joinder is impracticable; (c) there are questions of law and fact common to the Class

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Members which predominate over any individual questions; (d) Plaintiff’s claims are

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typical of the claims of the Class Members; (e) Plaintiff and Class Counsel have fairly,

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adequately, reasonably and competently represented and protected the interests of the

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Classes throughout the litigation; and (f) a class action is superior to other available

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methods for the fair and efficient adjudication of the controversy.

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7.

The Court preliminarily finds that the Settlement is the product of serious,

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informed, non-collusive negotiations conducted at arms-length by the parties and with the

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assistance of mediator David Rotman. In making these preliminary findings, the Court

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considered, among other factors, the potential statutory damages claimed in the lawsuit on

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behalf of Plaintiff and the Class Members, Defendant’s potential liability, the risks of

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continued litigation including trial outcome, delay and potential appeals, and the

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substantial benefits available to Class Members as a result of the Settlement. The Court

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further preliminarily finds that the terms of the Settlement have no obvious deficiencies

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and do not improperly grant preferential treatment to any individual Class Member.

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8.

The Court preliminarily appoints Simpluris, Inc. as the Settlement

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Administrator.
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9.

The Court APPROVES the Notice Packet attached to the Settlement

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Stipulation as Exhibits 1-3. See Ex. 1 to Prelim. Approval Mot. (Docket No. 45). The

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Court finds that the Notice Packet, along with the related notification procedure

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contemplated by the Settlement, constitutes the best notice practicable under the

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circumstances and is in full compliance with the applicable laws and the requirements of

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due process. The Court further finds that the Notice Packet appears to fully and accurately

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inform the Class Members of all material elements of the proposed Settlement, of their

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right to be excluded from the Settlement, and of their right and opportunity to object to the

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Settlement. Subject to the terms of the Settlement Stipulation, including the terms
pertaining to address verification, the Notice Packet shall be mailed via first-class mail to

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United States District Court
Northern District of California

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the most recent known address of each Class Member within the timeframe specified in the

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Settlement Stipulation and Paragraph 16B of this Order. Each Class Member shall receive

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the Notice Packet in both English and Spanish. The Parties are authorized to make non-

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substantive changes to the proposed Notice Packet that are consistent with the terms of the

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Settlement Stipulation and this Order.

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10.

The Court APPROVES the proposed procedure for Class Members to

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request exclusion from the Settlement, which is to submit an Exclusion Letter to the

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Settlement Administrator no later than 45 days after the Notice Packet is mailed, or, for

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Class Members whose Notice Packets are remailed, the later of 45 days after the original

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mailing or 7 days after the remailing to that Class Member. Any putative Class Member

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who submits an Exclusion Letter shall not be a Member of the Class, shall be barred from

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participating in the Settlement, and shall receive no benefit from the Settlement.

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11.

The Court APPROVES the proposed procedure for Class Members to opt in

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to the California FLSA Class, and finds that the procedure complies with 29 U.S.C. §

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216(b).

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12.

The Court APPROVES the proposed procedure for Class Members to object

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to the Settlement, which is to submit an objection to the Court by mail to the Class Action

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Clerk or by filing with the Court postmarked no later than 45 days after the Notice Packet
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is mailed, or, for Class Members whose Notice Packets are remailed, the later of 45 days

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after the original mailing or 7 days after the remailing to that Class Member.
13.

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The Court ORDERS that Class Counsel shall file a motion for approval of

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the Fee and Expense Award and the Service Payment, with the appropriate declarations

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and supporting evidence, at least 14 days prior to the close of the Class Notice period to be

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heard at the same time as the motion for Final Approval of the Settlement.
14.

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The Court ORDERS that Class Counsel shall file a motion for Final

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Approval of the Settlement, with the appropriate declarations and supporting evidence,

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including a declaration setting forth the identity of any Class Members who request

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exclusion from the Settlement, by Monday, May 2, 2016.
15.

United States District Court
Northern District of California

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Each Class Member shall be given a full opportunity to object to the

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proposed Settlement, request for attorneys’ fees, and service payment, and to participate at

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the Final Approval Hearing, which the Court sets to commence on Monday, May 23,

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2016 at 10:00 a.m. in Courtroom 2, 17th Floor of the Phillip Burton Federal Courthouse in

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San Francisco. Any Class Member seeking to object to the proposed Settlement may file

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such objection in writing through the process described in the Notice Packet or may appear

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at the Final Approval Hearing to make the objection.
16.

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The Court APPROVES and adopts the following dates and deadlines:
A.

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Defendant shall provide to the Settlement Administrator a database

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containing Class Members’ contact information no later than 5 business days after

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the date of this Order.2
B.

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The Settlement Administrator shall mail Notice Packets no later than

10 days after receiving the Class Members’ contact information from Defendant.

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C.

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Class Counsel shall file its motion for attorney’s fees and costs 31

days after the Settlement Administrator mails the Notice Packets.

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The parties agreed at the February 22, 2016 hearing to change this deadline from 5
calendar days to 5 business days. Thus, this term differs slightly from the Settlement
Stipulation. Unless otherwise indicated, all other references to “days” are “calendar days.”
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D.

Class Members must postmark requests to opt out, objections, or

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disputes concerning the information in the Notice Packet no later than 45 days after

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the Notice Packet is mailed, or, for Class Members whose Notice Packets are

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remailed, the later of 45 days after the original mailing or 7 days after remailing to

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that Class Member.

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E.

The Settlement Administrator shall notify the parties of the number of

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Exclusion Letters received no later than 2 days after the opt out deadline (Paragraph

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16D, above).

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F.

Defendant may void the Settlement if more than 10% of the California

Class Members opt out, and if desired, must do so no later than 7 days after the

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United States District Court
Northern District of California

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Settlement Administrator notifies the parties of the number of Exclusion Letters

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received.

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G.

The Settlement Administrator shall provide a declaration of due

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diligence and proof of mailing of the Notice Packet no later than 7 days before the

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Final Approval Hearing.

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H.

Class Counsel shall provide a draft of the Final Approval motion to

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Defense Counsel for review no later than 2 days prior to the filing date of the Final

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Approval motion (Paragraph 14, above).

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I.

Class Counsel shall file the Settlement Administrator’s verification

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that the notice process has been completed on or before the date of the Final

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Approval Hearing.

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J.

The Final Approval Hearing shall be held on Monday, May 23, 2016.

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K.

The Payment Obligation and Class Release Date shall be:

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(a) the date when the Final Approval Order is signed, if there
are no objectors, or
(b) in the event there are objectors, thirty-two days after service

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of notice of entry of the Final Approval Order and Judgment on the

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Parties and all objectors to the Settlement, if no appeals or requests for
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review have been taken, or

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(c) the issue date of orders affirming the Final Approval Order

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and Judgment or denying review after exhaustion of all appellate

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remedies, if appeals or requests for review have been taken.
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Defendant shall provide the Settlement Funds to the Settlement

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Administrator no later than 3 business days after the Payment Obligation and Class

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Release Date (Paragraph 16K, above).
M.

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no later than 14 days after the Payment Obligation and Class Release Date
(Paragraph 16K, above).
N.

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United States District Court
Northern District of California

The Settlement Administrator shall mail or wire all required payments

Class Members shall cash their Individual Settlement Payment checks

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no later than 180 days after the checks are mailed or wired (Paragraph 16M, above).

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17.

The Court ORDERS that, pending further order of this Court, all proceedings

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in this lawsuit, except those contemplated herein and in the Settlement Stipulation, are

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stayed.

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18.

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

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and Judgment, the proposed Settlement subject to this Order and all evidence and

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proceedings had in connection with the Settlement shall be null and void.

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19.

The Court may extend any of the deadlines set forth in this Order or adjourn

or continue the Final Approval Hearing without further notice to the Classes.

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IT IS SO ORDERED.

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Dated: 02/24/16

_____________________________________
THELTON E. HENDERSON
United States District Judge

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