Zinman -v- Wal-Mart Stores

Filing 59

ORDER GRANTING PLAINTIFF SARA ZINMANS UNOPPOSED 48 MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. Motions due by 12/22/2011. Motion Hearing set for 1/5/2012 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 8/30/2011. (ndr, COURT STAFF) (Filed on 8/30/2011)

1
2
3
4
5
6
7
8

H. Tim Hoffman (State Bar No. 49141)
[e-mail]
Arthur W. Lazear (State Bar No. 83603)
[e-mail]
Bryan J. Schwartz (State Bar No. 209903), Of Counsel
[e-mail]
Chad A. Saunders (State Bar No. 257810)
[e-mail]
HOFFMAN & LAZEAR
180 Grand Avenue, Suite 1550
Oakland, CA 94612
Telephone:
[phone]
Attorneys for Plaintiff
SARA ZINMAN

9
UNITED STATES DISTRICT COURT

10
11

NORTHERN DISTRICT OF CALIFORNIA

12

OAKLAND DIVISION

13

SARA ZINMAN, individually, and on behalf
of all others similarly situated,

14
Plaintiffs,
15
16

v.
WAL-MART STORES, INC., and DOES 1
through 100,

Case No. C09-02045 CW
ORDER GRANTING PLAINTIFF
SARA ZINMAN’S UNOPPOSED
MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT

17
Defendants.
18
19

Date: August 25, 2011
Time: 2:00 p.m.
Judge: Hon. Claudia Wilken
Courtroom: 2, 4th Floor

20
21
22
23
24
25
26
27
28
Case No. C09-02045 CW
ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT

On August 25, 2011 the Court heard a motion by plaintiff Sara Zinman, on behalf of

1
2

herself and all others similarly situated, for preliminary approval of a proposed class action

3

settlement, which was not opposed by defendant Wal-Mart Stores, Inc. The Court has considered

4

the parties’ Settlement Agreement (the “Settlement”), the supporting Memorandum of Points and

5

Authorities, the accompanying Declarations of Bryan J. Schwartz, Esq. and Sara Zinman, the

6
proposed Notice of Class Action Settlement (the “Class Notice”) and attached forms and exhibits
7
8
9

the submissions of counsel, and the statements of counsel at the hearing on this matter, and
hereby finds and orders as follows:
1.

10

The Court finds on a preliminary basis that the Settlement filed with the Court falls

11

within the “range of reasonableness” and therefore approves the Settlement on a preliminary

12

basis.

13

2.

The Court certifies, for settlement purposes only, the following class (“Settlement

14
Class”):

All Wal-Mart employees who worked at Walmart.com in an hourly Merchandise

15
16

Assistant position in the State of California from May 8, 2005 up through and including February

17

14, 2009.

18

3.

The Court appoints, for settlement purposes, Sara Zinman as Class Representative.

19

4.

The Court appoints, for settlement puposes, Hoffman & Lazear as Class Counsel.

20

5.

The Court appoints Gilardi & Co. as the Claims Administrator.

6.

The parties are ordered to carry out the Settlement according to the terms of the

21
22

Settlement.
23
24
25
26
27

7.

The revised Settlement Allocation, attached hereto as Exhibit 1, is approved as a

reasonable basis for the resolution of the claims of the Plaintiff and the absent class members.
8.

The revised Class Notice, attached hereto as Exhibit 2, is approved with the

modifications raised by the Court at the hearing and listed below:

28
1

Case No. C09-02045 CW

ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT

a. In section V.A on page 5, the parties shall revise the sentence

1
2

beginning “Ultimately . . . .” to read “Ultimately, a Settlement

3

Class Member who submits an approved Claim Form . . . .”

4

b. In section VIII, the parties shall omit “and recommended to the

5

Court” from the first sentence.

6
c. In section X on page 10, the parties shall insert following sentence:
7
“The address of the Clerk of the Court is 1301 Clay Street, Suite

8

400-S, Oakland, CA 94612.”

9
10
11
12
13

9.

The Class Notice, reflecting the additional changes listed in this Order, shall be

sent to the Settlement Class Members according to the terms of the Settlement.
10.

Class Counsel shall file its motion for attorneys’ fees and litigation costs on or

before September 15, 2011.

14
11.

The Motion for Final Approval shall be filed on or before December 22, 2011.

12.

At or before the time of the filing of the Motion for Final Approval, the parties

15
16
17

shall execute and file a brief addendum to the Settlement clarifying that the waiver of claims

18

under the federal Fair Labor Standards Act, 29 U.S.C. §216(b), shall only occur if class members’

19

file Opt-in and Claim forms, consenting to join in this matter.

20
21

13.

The Court will conduct a Final Approval hearing on January 5, 2011, at 2:00 p.m.

The Court expressly reserves the right to adjourn or continue the Final Approval Hearing without

22
further notice to the Settlement Class Members.
23
24

IT IS SO ORDERED.

25
26

Dated: August 30, 2011
HON. CLAUDIA WILKEN
United States District Judge

27
28
2

Case No. C09-02045 CW

ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT