Sundjaja v. AIG Commercial Insurance Agency Inc

Filing 24

ORDER by Judge Claudia Wilken granting 21 Motion for Attorney Fees; granting 22 Motion for Settlement (ndr, COURT STAFF) (Filed on 12/20/2010)

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Case No. CV-09-3189 CW

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

WILLY SUNDJAJA an individual, on behalf of himself, and all persons similarly situated, Plaintiff, v. AIG COMMERCIAL INSURANCE AGENCY, INC., a New Jersey Corporation authorized to do business in the State of California, and DOES 1 through 100, inclusive Defendants.

CASE NO. CV 09-3189 CW CLASS ACTION ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS AND CLASS REPRESENTATIVE ENHANCEMENT

[PROPOSED] ORDER GRANTING FINAL APPROVAL AND AWARD OF ATTORNEYS' FEES AND COSTS

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The parties have submitted their Settlement Agreement and Joint Stipulation evidencing their proposed settlement (the "Settlement"), which this Court preliminarily approved in its September 29, 2010, Order. In accordance with the preliminary approval order, Class Members have been given notice of the terms of the Settlement and the opportunity to object to it or to exclude themselves from its provisions. In addition, pursuant to the Class Action Fairness Act of 2005,28 U.S.C. § 1715 ("CAFA"), the United States Attorney General, the California Attorney General and the Attorney Generals of all other states where class members resided at the time notice was issued have been given notice of the Settlement.

Having received and considered the Settlement, the Motion for Final Approval of Class Action Settlement; the Motion for Attorneys' Fees, Costs, and Representative Enhancement; the supporting papers filed by the parties; and the evidence and argument received by the Court at the final approval hearing, the Court grants final approval to the Settlement and grants the award of attorneys' fees and costs, and HEREBY ORDERS and MAKES DETERMINATIONS as follows:

1.

The Class covered by this Order is defined as: "All individuals who were

employed by C.I. Agency as an Underwriter and/or Senior Underwriter in the Executive Liability underwriting unit in the State of California anytime between June 9, 2005, through the date of preliminary approval of the Settlement."

2.

Pursuant to this Court's order of September 29, 2010, a Notice of Class Action

Settlement, and Exclusion Form were sent to each Class Member by first-class mail. These papers informed Class Members of the terms of the Settlement, their right to object to the Settlement or to elect not to participate in the Settlement and pursue their own remedies, and their right to appear in person or by counsel at the final approval hearing and be heard regarding approval of the Settlement. Adequate periods of time were provided by each of these procedures.

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No Class Members filed written objections to the Settlement as part of this notice process or stated his or her intent to appear at the final approval hearing.

3.

The Court finds and determines that this notice procedure afforded adequate

protections to Class Members and provides the basis for the Court to make an informed decision regarding approval of the Settlement based on the responses of Class Members. The Court finds and determines that the notice provided in this case was the best notice practicable, which satisfied the requirements of law and due process.

4.

For the reasons stated in the Court's September 29, 2010, preliminary approval

order, the Court finds and determines that the proposed Settlement Class, as defined in the definitions section of the Settlement, meets all of the legal requirements for class certification, and it is hereby ordered that the Settlement Class is finally approved and certified as a class for purposes of settlement of this action.

5.

The Court further finds and determines that the terms of the Settlement are fair,

reasonable and adequate to the class and to each Class Member and that the Class Members who have not opted out shall be bound by the Settlement, that the Settlement is ordered finally approved, and that all terms and provisions of the Settlement should be and hereby are ordered to be consummated.

6.

The Court finds that the notice requirements of the Class Action Fairness Act, 28

U.S.C. § 1715 (b), have been met.

7.

The Court finds and determines that the payments to be made to the Settlement

Class Members as provided for in the Settlement are fair and reasonable. The Court hereby gives final approval to and orders the payment of those amounts be made to the Settlement Class Members out of the $500,000 Maximum Settlement Amount in accordance with the terms of the
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Settlement. AIG shall pay an absolute amount of $500,000, with no reversion and the difference between the $500,000, on the one hand, and the amount of claimed funds, fees, costs, residual administration costs, and incentive award on the other hand, shall be paid to the Wounded Warriors Project under the cy pres doctrine.

8.

The Court hereby grants and approves the application presented by Plaintiffs'

Attorneys for an award of fees and costs in the amount of $125,000, as per the Settlement, to be paid out of the Maximum Settlement Amount in accordance with the terms of the Settlement.

9.

The Court hereby grants and approves the application presented by the Plaintiff for

an award of an enhancement in the amount of $7,500.00 to Willy Sundjaja to be paid out of the Maximum Settlement Amount in accordance with the terms of the Settlement.

10.

Upon completion of administration of the Settlement, the Settlement Administrator

will provide written certification of such completion to the Court and counsel for the parties.

11.

Pursuant to the Settlement, all Class Members (except for those who filed

Exclusion Forms) are adjudged to have released Defendant and its former and present parents, subsidiaries, and affiliated corporations and entities, and each of its respective officers, directors, employees, partners, shareholders and agents, and any other successors, assigns, or legal representatives, of and from any and all rights, claims, demands, liabilities, causes of action, liens and judgments arising out of or in any way related to the matters set forth, or that could have been set forth, in the Complaint in relation to the alleged claims relating to the release as set forth in the Settlement.

12.

Pursuant to the Settlement, all Class Members (except for those who filed

Exclusion Forms) are permanently barred from prosecuting against Defendant, and its former and present parents, subsidiaries, and affiliated corporations and entities, and each of its respective
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officers, directors, employees, partners, shareholders and agents, and any other successors, assigns, or legal representatives, any individual or class claims that were released as set forth in the Settlement.

13.

Pursuant to the Settlement, Plaintiff is conclusively deemed to have released all

claims against the Released Parties as described in the Settlement.

14.

The parties are hereby ordered to comply with the terms of the Settlement.

15.

This action, and the claims alleged in the Complaint filed in the Action is hereby

ordered dismissed with prejudice, each side to bear its own costs and attorneys' fees except as provided by the Settlement.

16.

Without affecting the finality of this Final Order in any way, this Court retains

jurisdiction of all matters relating to the interpretation, administration, implementation, effectuation and enforcement of this order and the Settlement.

IT IS SO ORDERED.

Dated: December 20, 2010

__________________________________________ HON. CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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