Jorge Quezada v. Con-Way Inc.
Filing
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ORDER GRANTING 211 MOTION for Settlement of Class Action. Signed by Judge JEFFREY S. WHITE on 1/15/15. (jjoS, COURT STAFF) (Filed on 1/15/2015)
Case4:09-cv-03670-JSW Document213 Filed01/09/15 Page1 of 7
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MARLIN & SALTZMAN, LLP
Stanley D Saltzman, Esq. (SBN 90058)
Christina A. Humphrey, Esq. (SBN 226326)
Leslie H. Joyner, Esq. (SBN 262705)
29229 Canwood Street, Suite 208
Agoura Hills, California 91301-1555
Telephone:
(818) 991-8080
Facsimile:
(818) 991-8081
ssaltzman@marlinsaltzman.com
chumphrey@marlinsaltzman.com
ljoyner@marlinsaltzman.com
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LABOR LAW OFFICE, A.P.C.
Michael L. Carver, Esq. (SBN 173633)
Michelle M. Lunde, Esq. (SBN 246585)
1395 Ridgewood Drive, Suite 300
Chico, California 95973
Telephone:
(530) 891-8503
Facsimile:
(530) 891-8512
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Attorneys for Plaintiff Jorge Quezada
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JORGE R. QUEZADA, et al.,
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Plaintiff,
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v.
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CON-WAY FREIGHT, INC.,
Defendants.
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Case No. 09-CV-03670 JSW(NJV)
(Assigned to Hon. Jeffrey S. White)
CLASS ACTION
[PROPOSED] ORDER GRANTING
PLAINTIFFS’ UNOPPOSED MOTION
FOR FINAL APPROVAL OF CLASS
ACTION SETTLEMENT
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[Proposed] Order Granting Plaintiffs’ Motion for Final Approval of Class Action Settlement
Case No. 09-CV-03670 JSW(NJV)
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ORDER
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This matter came on for hearing on January 9, 2015, at 9:00 a.m., following Plaintiff’s Motion
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for Final Approval of Class Action Settlement. Due and adequate notice having been given to the
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certified Class, and the Court having considered all papers filed and proceedings had herein and all oral
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and written comments and no objections having been received regarding the proposed settlement, and
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having reviewed the record in the above captioned matter, and good cause appearing,
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1.
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The Court has jurisdiction over the subject matter of the above-captioned matter, the Class
Representative, Defendant Con-way Freight Inc. (“Con-Way”) and all members of the certified Class.
2.
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The term “Settlement Agreement” shall refer to the Joint Stipulation of Class Action
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Settlement and Release filed by the Class Representative in this case in connection with the parties’
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motion for preliminary approval of this matter, and all terms herein shall have the same meaning as
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terms defined in the Settlement Agreement, unless specifically provided herein.
3.
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The Court grants final approval of the parties’ Settlement Agreement, as amended,
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according to the Court’s October 3, 2014, Order Granting Preliminary Approval of Settlement (Docket
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No. 204), wherein the Court made the following revisions:
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a. On page 13, line 2 and lines 5-6 of the Settlement Agreement, the denominator is
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corrected to read, “Total Number of Waiting Time Penalty Settlement Class
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Members Who Do Not Opt Out.”
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b. On page 19, lines 23-24 of the Settlement Agreement, the procedure will be
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modified so that skip traces will be performed on those notices that are returned
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as undeliverable or unclaimed, and should the skip traces reveal a new address
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the notices will be re-mailed to those new addresses.
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c. On page 7, lines 18-20, the Waiting Time Penalty Class is corrected to reflect
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that the class period is from February 17, 2006 (as opposed to 2005), through
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June 30, 2014.
4.
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The Court finds that the parties, through the work of CPT, the court appointed settlement
administrator, have fully met the requirements of due process under the United States Constitution and
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[Proposed] Order Granting Plaintiffs’ Motion for Final Approval of Class Action Settlement
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applicable state law.
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The Court approves payment from the settlement proceeds to the Claims Administrator in
the amount of $30,500.00.
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The Court approves the settlement of the above-captioned action, and each of the releases
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and other terms set forth in the Settlement Agreement, as fair, just, reasonable and adequate as to the
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Settlement Class, the Class Representative, and Con-Way (collectively “Settling Parties”). The Settling
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Parties and the Settlement Administrator are directed to perform all further acts required in accordance
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with the terms set forth in the Settlement Agreement.
7.
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Except as to any individual claim of those persons who have validly and timely requested
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exclusion from the Class (identified in Exhibit “A” hereto), all of the claims asserted in the above-
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captioned matter are dismissed with prejudice as to the Class Representative and the Settlement Class
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Members.
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The PAGA claims will be settled for the amount of $25,000, with the LWDA’s payment of
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75% of that amount being out of the total agreed sum, and the remaining 25% to be included in the
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settlement fund.
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The court approves Class Counsel’s unopposed motion for an award of attorneys’ fees and
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costs and for an enhancement award for the representative plaintiff. Class Counsel shall be awarded
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attorneys’ fees in the amount of $666,666.66 (equal to 33.3% of the common fund established for the
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Class), reimbursement of costs and expenses in the amount of $49,500.00; and Plaintiff Jorge Quezada
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shall receive an enhancement award in the amount of $20,000.00.
10.
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By this Judgment, the Class Representative, and each Settlement Class Member who has
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not validly and timely requested exclusion from the Settlement by opting out, is deemed to have fully
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and finally released and discharged Con-Way and its past, present and future parents, subsidiaries
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(whether or not wholly-owned), joint ventures, affiliates (including each such affiliate’s past, present
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and future parents, subsidiaries and joint ventures), divisions and subdivisions, and each of such
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entities’ current and former officers, directors, employees, partners, shareholders, agents, insurers,
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successors, assigns, and legal representatives, all in their individual and corporate capacities
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(collectively, the “Con-Way Parties”) from any and all claims, causes of action, damages, wages,
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[Proposed] Order Granting Plaintiffs’ Motion for Final Approval of Class Action Settlement
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benefits, expenses, penalties, debts, liabilities, demands, obligations, attorneys' fees, costs, and any
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other form of relief or remedy in law, equity, or whatever kind or nature, whether known or unknown,
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suspected or unsuspected, arising from (1) the Lawsuit and any Claims arising out of or reasonably
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related to the facts alleged in the Lawsuit, including without limitation all claims under the California
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Labor Code, Industrial Welfare Commission Wage Orders and the California Business and Professions
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Code, claims for restitution and other equitable relief, liquidated damages, punitive damages, waiting
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time penalties, penalties of any nature whatsoever (including, but not limited to, civil penalties pursuant
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to the Private Attorney General’s Act of 2004 (“PAGA”)), other compensation or benefits arising out of
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or reasonably related to the facts, incidents, transactions, events, occurrences, disclosures, statements,
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acts, or omissions in law or in equity, asserted or that could have been reasonably asserted from the
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facts alleged in the Lawsuit by any Class Member against the Releasees up to the expiration of the “Opt
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Out Period,” and (2) any wage and hour violations, whether premised on statute, contract, tort or other
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theory of liability under state, federal or local law, arising out of or reasonably related to the facts,
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incidents, transactions, events, occurrences, disclosures, statements, acts, or omissions in law or in
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equity, asserted or that could have been reasonably asserted from the facts alleged in the Lawsuit by
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any Class Member against the Releasees up to the expiration of the “Opt Out Period.” The release by
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Class Members also includes a waiver of any rights a Class Member otherwise may have under
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California Civil Code Section 1542 regarding unknown and unsuspected claims relating to the Covered
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Claims. Notwithstanding the above, the release by the Class Members, including Plaintiff Quezada,
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does not include a release of claims for Labor Code section 226.7(c) penalties for failure to provide
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meal periods or rest breaks.
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Neither the Settlement Agreement nor the settlement contained therein, nor any act
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performed or document executed pursuant to or in furtherance of the Settlement Agreement or the
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settlement: (i) is or may be deemed to be or may be used as an admission of, or evidence of, the
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validity of any Released Claims or Class Representative’s Released Claims, any wrongdoing or liability
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of Con-Way or any of the Con-Way Parties, or whether class or collective action certification is
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warranted in any other litigation; or (ii) is or may be deemed to be or may be used as an admission of,
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or evidence of, any fault or omission of Con-Way or any of the Con-Way Parties in any civil, criminal
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[Proposed] Order Granting Plaintiffs’ Motion for Final Approval of Class Action Settlement
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or administrative proceeding in any court, administrative agency or other tribunal. Con-Way may file
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the Judgment from the above-captioned matter in any other action that may be brought against them in
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order to support a defense or counterclaim based on principles of res judicata, collateral estoppel,
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release, good faith settlement, judgment bar or reduction or any theory of claim preclusion or issue
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preclusion or similar defense or counterclaim.
12.
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This matter is hereby dismissed on the merits and with prejudice, permanently barring the
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Class Representative and all other Settlement Class Members (other than those who timely and validly
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opted out of the Settlement) from prosecuting any of the Released Claims, the Class Representative
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from prosecuting any of the Released Claims or Class Representative’s Released Claims, or the Class
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Counsel from prosecuting any of the Class Counsels’ Released Claims. The Court reserves and retains
exclusive and continuing jurisdiction over the above-captioned matter, the Class Representative, the
Settlement Class, and Con-Way for the purposes of supervising the implementation, effectuation,
enforcement, construction, administration and interpretation of the Settlement Agreement and this
Judgment.
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13.
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This document shall constitute a judgment for purposes of Rule 58 of the Federal Rules of
Civil Procedure.
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IT IS SO ORDERED.
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DATED January 15, 2015
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Honorable Jeffrey S. White
United States District Judge
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[Proposed] Order Granting Plaintiffs’ Motion for Final Approval of Class Action Settlement
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EXHIBIT A
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(To [Proposed] Order Granting Plaintiff’s Motion for Final Approval)
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EXHIBIT A
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(To [Proposed] Order Granting Plaintiff’s Motion for Final Approval)
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Exhibit A to[Proposed] Order Granting Plaintiffs’ Motion for Final Approval
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LIST OF DRIVERS WHO OPTED OUT OF CLASS
Claim
Employee Name
Number
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Lettieri, James W
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Bush, Joseph
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Standhardt, John P
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Baldwin, Brent A
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Felix, Jason J
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Carrasco, Andres
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Acosta, David
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Morales, Bernardo
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Hogan, Britton J
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Exhibit A to[Proposed] Order Granting Plaintiffs’ Motion for Final Approval
Case No. 09-CV-03670 JSW(NJV)
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