Chavez et al v. Lumber Liquidators, Inc.
Filing
175
ORDER by Hon. Claudia Wilken granting 159 MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. (jebS, COURT STAFF) (Filed on 3/1/2016)
1
2
IN THE UNITED STATES DISTRICT COURT
3
FOR THE NORTHERN DISTRICT OF CALIFORNIA
4
5
CRELENCIO CHAVEZ, et al.,
6
Plaintiffs,
7
8
United States District Court
For the Northern District of California
ORDER GRANTING
MOTION FOR
PRELIMINARY
APPROVAL OF CLASS
ACTION SETTLEMENT
v.
LUMBER LIQUIDATORS, INC.,
9
10
No. C 09-4812 CW
Defendant.
(Docket Nos. 159
and 171)
________________________________/
11
12
The Court GRANTS the parties' motion for preliminary approval
13
of their class action settlement (Docket No. 159).
14
CONCLUDES and ORDERS as follows:
15
1.
16
subsequent filings, the Court finds and concludes that the Joint
17
Stipulation of Class Action Settlement (Settlement) (Docket No.
18
172, Ex. A as amended by Docket No. 174) is the result of arm's-
19
length negotiations between the parties and is non-collusive.
20
The Settlement has no obvious defects and falls within the range
21
of possible approval as fair, adequate and reasonable.
22
2.
23
(Notice of Settlement) (Docket No. 172, Ex. 1 as amended by Docket
24
No. 174) for dissemination.
25
Settlement fairly, plainly, accurately and reasonably informs
26
Class Members of the nature of the action, the identity of Class
27
Counsel, the essential terms of the Settlement, the allocation of
28
the Settlement fund, how to participate in the Settlement, how to
It FINDS,
Based on the Court's review of the papers and the parties'
The Court approves the Notice of Class Action Settlement
The Court finds that the Notice of
1
opt out of the Settlement, how to comment on or object to the
2
Settlement, this Court's procedures for final approval of the
3
Settlement and how to obtain additional information.
4
3.
5
distributing the Notice of Settlement.
6
plan for distribution as outlined in the Settlement is a
7
reasonable method calculated to reach all individuals who would be
8
bound by the Settlement.
9
4.
The Court approves the Settlement's proposed plan for
The Court finds that the
The Court approves the joint stipulation at Docket Number 171
United States District Court
For the Northern District of California
10
and orders the class partially decertified following the
11
stipulation's terms.
12
5.
13
Order, Defendant shall provide to CPT Group, the Claims
14
Administrator, all Class Member information described in Paragraph
15
7.2.1 of the Settlement.
16
6.
17
Order, CPT Group shall send the Notice of Settlement to the Class
18
Members via United States first class mail.
19
7.
20
Settlement documents are mailed, CPT Group shall provide to Class
21
Counsel and Counsel for Defendant a weekly status report as
22
outlined in Paragraph 7.2.7 of the Settlement.
23
8.
24
the Settlement documents are mailed to opt out of the Settlement.
25
An opt-out request must be postmarked on or before sixty calendar
26
days from the date the Settlement documents are mailed.
27
Alternatively, Class Members have sixty calendar days from the
No later than twenty calendar days from the date of this
No later than thirty calendar days after the date of this
Beginning fourteen calendar days after the date on which the
Class Members have sixty calendar days from the date on which
28
2
1
date of mailing the Settlement documents to object to the
2
Settlement.
3
9.
4
calendar days prior to the opt out deadline, Plaintiff will move
5
the Court for entry of an Order of Final Approval and judgment as
6
outlined in Paragraphs 7.3.1 and 7.3.2 of the Settlement.
7
Plaintiff shall file a proposed Order of Final Approval and
8
Judgment with the motion.
9
10.
Prior to the final approval hearing, and at least fourteen
The final approval hearing is scheduled for July 19, 2016, at
United States District Court
For the Northern District of California
10
2:30 p.m. in Courtroom 2 of the Ronald V. Dellums Federal Building
11
& United States Courthouse, United States District Court, Northern
12
District of California, located at 1301 Clay Street, Oakland CA
13
94612.
14
11.
15
defined in Paragraphs 2.13 and 2.16 of the Settlement, Defendant
16
shall pay the amount of money necessary to fund the Settlement
17
into the settlement fund.
18
12.
19
shall issue Settlement payments to qualified Class Members in the
20
form of a check.
21
13.
22
shall pay the Court-approved attorneys' fees and costs to Class
23
Counsel following the procedures outlined in Paragraph 7.4.5 of
24
the Settlement.
25
14.
26
shall send a check by mail for the Court-approved service payment
27
to the Class Representative.
Within fifteen calendar days of the Effective Date, as
Within thirty calendar days of the Effective Date, CPT Group
Within thirty calendar days of the Effective Date, CPT Group
Within thirty calendar days of the Effective Date, CPT Group
28
3
1
15.
2
shall send a check by mail to the California Labor Workforce
3
Development Agency for the State's share of the PAGA penalty
4
payment.
5
16.
6
Member fails to deposit his or her check and does not contact
7
Class Counsel or CPT Group, the Class Member's settlement payment
8
shall be transmitted to the Controller of the State of California
9
in accordance with California's Unclaimed Property Law.
Within thirty calendar days of the Effective Date, CPT Group
If after 180 calendar days following check issuance a Class
United States District Court
For the Northern District of California
10
17.
11
and enforcement of the terms of the Settlement.
The Court shall retain jurisdiction over the implementation
12
13
IT IS SO ORDERED.
14
15
16
Dated: March 1, 2016
CLAUDIA WILKEN
United States District Judge
17
18
19
20
21
22
23
24
25
26
27
28
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?