Ashker et al v. Schwarzenegger et al

Filing 488

ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT re 486 Brief. Signed by Judge Claudia Wilken on 1/26/16. (jebS, COURT STAFF) (Filed on 1/26/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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TODD ASHKER, et al.,

C 09-05796 CW
Plaintiffs, [PROPOSED] ORDER GRANTING
FINAL APPROVAL OF CLASS ACTION
SETTLEMENT AGREEMENT

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v.

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GOVERNOR OF THE STATE OF
CALIFORNIA, et al.,
Defendants.

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This civil-rights class-action case concerns the California Department of Corrections and

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Rehabilitation’s (CDCR) policies and practices related to gang validation and management and its

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use of segregated housing, including the Security Housing Unit (SHU) at Pelican Bay State

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Prison. Plaintiffs claim that CDCR’s gang validation policies did not provide sufficient due

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process and that confinement in Pelican Bay’s SHU for ten or more years violates the United

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States Constitution.

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The parties have entered into a settlement agreement (Settlement Agreement or Agreement)

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(J. Lobel Decl. Ex. A) that would settle all claims for relief asserted in this case. The Court

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granted preliminary approval of the Agreement on October 14, 2015. (ECF No. 445.)

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Subsequently, Court-approved notice was timely disseminated to the classes. (ECF No. 456.)

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The Court has thoroughly considered all comments and objections filed during the notice period.
[PROPOSED] ORDER GRANTING FINAL APPROVAL
CLASS ACTION SETTLEMENT AGREEMENT

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CASE NO. C 09-05796 CW

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On January 12, 2016, the parties filed a Joint Motion for Final Approval of Class Action

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Settlement Agreement. The parties’ Joint Motion seeks an order providing that the Court: (1)

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grant final approval of the Settlement Agreement; (2) retain jurisdiction to enforce the

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Agreement; and (3) stay all proceedings pending completion of the Agreement’s terms. On

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January 26, 2016, the Court held a Final Fairness Hearing at which counsel for Plaintiffs and

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Defendants presented argument, and during which the Court considered whether the parties’

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Agreement is fair, reasonable, and adequate.

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The Court has presided over the proceedings in the above-captioned action and has
reviewed all the pleadings, records, and papers on file. The Court has reviewed the Joint Motion

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for Final Approval, along with the Settlement Agreement and supporting documents, and has

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considered the parties’ arguments concerning the settlement of this class action.

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Therefore, with good cause appearing, the Court hereby orders as follows:

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1.

For the reasons stated in the Joint Motion for Final Approval, the Court finds, under

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Rule 23(e) of the Federal Rules of Civil Procedure, that: (a) all notice requirements have been

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fulfilled, and that notice was successfully directed in a reasonable manner to class members; and

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(b) the Settlement Agreement is fair, adequate, and reasonable. On that basis, final approval of

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the Settlement Agreement is hereby GRANTED, and the Agreement is incorporated by reference.

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2.

The Court finds that, for purposes of settlement only, the Settlement Agreement

meets the requirements of 18 U.S.C. § 3626(a)(1).
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The stay of all proceedings in this case is continued pending the completion of the

terms of the Settlement Agreement.

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4.

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IT IS SO ORDERED.

The Court retains jurisdiction of this matter to enforce the Agreement’s terms.

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Dated: January 26 2016
__________,

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_______________________________________
The Honorable Claudia Wilken
United States District Court Judge

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[PROPOSED] ORDER GRANTING FINAL APPROVAL
CLASS ACTION SETTLEMENT AGREEMENT

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CASE NO. C 09-05796 CW