Hamilton v. DS Services of America, Inc. et al

Filing 121

ORDER Granting 116 Motion for Settlement Approval. Signed by Judge Vince Chhabria on November 10, 2017. (vclc3S, COURT STAFF) (Filed on 11/10/2017)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 NICOLE HAMILTON, individually and on behalf of other similarly situated Plaintiffs, Case No. 3:15-cv-04735-VC 3:16-cv-05942-VC [proposed] ORDER GRANTING MOTION FOR SETTLEMENT APPROVAL v. 14 15 DS Services of America, Inc.; Costco Wholesale Corp., and DOES 1-10, inclusive 16 17 Date: November 9, 2017 Time: 10:00 A.M. Courtroom: 4, 17th Floor Defendants. Hon. Vince Chhabria 18 BARBARA LOO, individually, on behalf of others similarly situated, 19 Plaintiff, 20 21 v. DS SERVICES OF AMERICA, INC., et al., 22 23 Defendants. 24 25 26 27 28 [proposed] ORDER GRANTING SETTLEMENT APPROVAL Case No. 3:15-cv-04735-VC i 1 Plaintiffs’ Motion for Settlement Approval came before the Court on November 9, 2 2017. Defendants did not oppose the Motion. Based on the pleadings, papers, and arguments 3 of counsel, and good cause appearing therefore, the Court hereby grants the Motion in full. 4 The Settlement Administrator distributed notice by mail on August 18, 2017. The 5 Notice informed Plaintiffs of their settlement share, and the requested fees, costs, and service 6 awards. 164 out of 166 Plaintiffs have returned claims forms and are participating in this 7 settlement. The Administrator did not receive any objections or requests for exclusion. 8 The Courts finds that this settlement reflects a “reasonable compromise over issues” 9 that are “actually in dispute.” Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350, 1354 (11th Cir. 10 1982). The Court finds that the settlement reflects a reasonable compromise as to entitlement 11 to overtime, amount of overtime, and calculation of overtime, and therefore warrants 12 approval. 13 The Court approves Plaintiffs’ Counsel’s requested attorneys’ fees and costs. Here, the 14 settlement agreement provides for, and the Court grants, attorneys’ fees of $416,666.67 (one- 15 third of the total settlement amount), and up to $12,000 in attorneys’ unreimbursed litigation 16 costs, and up to $8,000 for costs of administration. 17 The Court approves the requested service awards of $10,000 each for the two Named 18 Plaintiffs. The amount of these awards are reasonable in light of the effort expended, the 19 global results obtained, the average payments to Plaintiffs, the risk of reputational harm, and 20 the general release that the Named Plaintiffs have signed. 21 As of the Effective Date, all of the Released Claims as defined in the Settlement 22 Agreement are hereby released against the Released Parties, and the claims of all 164 23 accepting Plaintiffs shall be dismissed with prejudice. Without affecting the finality of this 24 Judgment and Order in any way, the Court retains jurisdiction over the interpretation, 25 implementation, and enforcement of this settlement and the payments to be made under the 26 settlement. 27 28 [proposed] ORDER GRANTING SETTLEMENT APPROVAL Case No. 3:15-cv-04735-VC 1 1 As discussed at hearing, the Parties agree, and the Court confirms, that Paragraph 22 2 of the Settlement Agreement does not prohibit anyone from cooperating in a government 3 investigation. 4 As further discussed at hearing, the funds allocated to the two Non-Responders shall 5 be held in trust by Plaintiffs’ Counsel for two years from the Effective Date. These Non- 6 Responders may claim their allocations at any time during this two-year window by 7 contacting Plaintiffs’ Counsel or the Administrator and returning a release of claims form. If 8 these Non-Responders do not claim their allocations during this window, the funds will be 9 distributed to cy pres pursuant to the Settlement Agreement, and the individuals’ claims will 10 be dismissed with prejudice pursuant to the Settlement Agreement. Plaintiffs’ Counsel shall 11 take reasonable steps to contact these Non-Responders. Except as otherwise provided in the Settlement Agreement and this Order, the parties 12 13 14 15 shall bear their own attorneys’ fees and costs. IT IS SO ORDERED Dated: , 2017 16 _____________________ Hon. Vince Chhabria United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 [proposed] ORDER GRANTING SETTLEMENT APPROVAL Case No. 3:15-cv-04735-VC 2

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