Vigil Rogelio et al v. Con-Way Freight, Inc.

Filing 156

ORDER GRANTING, AS MODIFIED, 145 Motion for Preliminary Approval of Class Action Settlement. Final Fairness Hearing set for 3/24/2017 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on October 24, 2016. (jswlc3S, COURT STAFF) (Filed on 10/24/2016)

Case 4:10-cv-00100-JSW Document 155-1 Filed 10/21/16 Page 2 of 5

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSE ALBERTO FONSECA PINA and
ROGELIO VIGIL,

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Plaintiffs,
v.

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CON-WAY FREIGHT INC. and DOES 1
through 20, inclusive,

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Defendants

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Case No. C 10-00100
[PROPOSED] ORDER GRANTING AS MODIFIED
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT
AND VACATING HEARING SET FOR 10/28/2016
[MODIFIED PURSUANT TO THE
COURT’S ORDER REQUIRING
SUPPLEMENTAL BRIEFING]
Date:
Time:
Ctrm.
Judge:

October 28, 2016
9:00 a.m.
5
Hon. Jeffrey S. White

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Case No. C 10-00100
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

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Case 4:10-cv-00100-JSW Document 155-1 Filed 10/21/16 Page 3 of 5
The Court has considered plaintiffs' motion for preliminary approval, and the parties joint supplemental
brief. The Court finds the motion suitable for disposition without oral argument, and it VACATES the
hearing set for October 28, 2016.
Plaintiffs Rogelio Vigil, Jose Alberto Fonseca Pina, and George A. Avila’s

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(“Plaintiffs”) Motion for Preliminary Approval of Class Action Settlement came before this Court

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on October 28, 2016, the Honorable Jeffrey S. White presiding. This Court, having considered

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the papers submitted in support of the application of the parties, HEREBY ORDERS THE

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FOLLOWING:

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1.

This Court grants preliminary approval of the Settlement and the Settlement Class

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based upon the terms set forth in the Stipulation Of Class Action Settlement And Release between

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Plaintiffs and Defendant Con-way Freight Inc. (“Settlement”) filed herewith. The Settlement

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appears to be fair, adequate and reasonable to the Class.

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2.

The Settlement falls within the range of reasonableness and appears to be

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presumptively valid, subject only to any objections that may be raised at the final fairness hearing

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and final approval by this Court.

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3.

A final fairness hearing on the question of whether the proposed Settlement,

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attorneys’ fees and costs to Class Counsel, and the Class Representative Enhancement should be

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finally approved as fair, reasonable and adequate as to the members of the Class is hereby set in

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accordance with the Implementation Schedule set forth below.

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4.

The Court approves, as to form and content, the Notice of Pendency of Class Action

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(“Notice”) and Claim Form, as modified by the Parties, attached as Exhibit B to the Parties’ Joint

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Supplemental Briefing on Motion for Preliminary Approval of Class Action Settlement. This

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Court approves the procedure for Class Members to participate in, to opt out of, and to object to,

21 the Settlement as set forth in the Settlement and in the Modified Notice.
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5.

This Court directs the mailing of the Notice, and Claim Forms by first class mail to

23 the Class Members in accordance with the Implementation Schedule set forth below. This Court
24 finds the dates selected for the mailing and distribution of the Notice and the Claim Form, as set
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26 notice practicable under the circumstances and shall constitute due and sufficient notice to all
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6.

It is ordered that the Class is confirmed certified for settlement purposes only.
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Case No. C 10-00100
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

Case 4:10-cv-00100-JSW Document 155-1 Filed 10/21/16 Page 4 of 5

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7.

This Court confirms (i) Plaintiffs Rogelio Vigil and Jose Alberto Fonseca Pina as

2 class representatives; (ii) George A. Avila as a class representative for settlement purposes only;
3 (iii) the Law offices of Westrup & Associates A.P.C., the Labor Law Office, APC, and Law Office
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of Jonathan C. Gettleman as Class Counsel; and (iv) the law firm of James Hawkins APLC as

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Class Counsel for settlement purposes only.

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8.

This Court confirms CPT Group as the Claims Administrator.

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9.

To facilitate administration of the Settlement pending final approval, this Court

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hereby enjoins Plaintiffs and all Class Members from filing or prosecuting any claims, suits or

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administrative proceedings regarding claims released by the Settlement, unless and until such Class

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Members have filed valid Opt-Out Request with the Claims Administrator and the time for filing

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claims with the Claims Administrator has elapsed.

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9. 10.

This Court orders the following Implementation Schedule for further proceedings:

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Deadline for Defendants to Submit
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[Within 15 calendar days after Order

Class Member Information to

granting Preliminary Approval]

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Claims Administrator

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Deadline for Claims Administrator

[Within 30 business days after Order

to Mail the Notice and the Claim

granting Preliminary Approval]

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.

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Form to Class Members

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Deadline for Receipt by Court and

[60 calendar days after mailing of the

Counsel of any Objections to

Notice and Claim Form to Class

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Settlement

Members]

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Deadline for Class Members to

[60 calendar days after mailing of the

Postmark Opt-Out Requests

Notice and Claim Form to Class

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.

.

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Members]

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Deadline for Class Members to

[60 calendar days after mailing of the

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Postmark Claim Forms

Notice and Claim Form to Class

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Members]
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Case No. C 10-00100
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

Case 4:10-cv-00100-JSW Document 155-1 Filed 10/21/16 Page 5 of 5

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Deadline for Class Counsel to file

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.

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[35 calendar days before Final

Declaration from Claims

Approval Hearing]

Administrator of Due Diligence and
Proof of Mailing

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Approval Hearing]

Deadline for Parties to File

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[35 calendar days before Final

Settlement

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Requests]

Motion for Final Approval of

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Class Members to Postmark Opt-Out

Deadline for Class Counsel to file

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Motion for Attorneys’ Fees, Costs
and Enhancement Award

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[21 calendar days before Deadline for

Final Fairness Hearing

Friday, March 24, 2017 at 9:00 a.m.

Deadline for Claims Administrator

[No later than 30 business days after

to mail the Settlement Awards and

the Effective Date]

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the Class Representative
Enhancement, and to wire transfer
the Attorneys’ Fees and Costs (if
Settlement is Effective)

IT IS SO ORDERED.
Dated:October 24 2016
_________,

____________________________________
HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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Case No. C 10-00100
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT