McKeen-Chaplin v. Franklin American Mortgage Company

Filing 69

ORDER by Judge ARMSTRONG granting 68 Motion for Settlement (lrc, COURT STAFF) (Filed on 5/20/2013)

Case4:10-cv-05243-SBA Document68-1 Filed02/22/13 Page1 of 2

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Matthew C. Helland, CA State Bar No. 250451
[e-mail]
NICHOLS KASTER, LLP
One Embarcadero Center, Suite 720
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
NICHOLS KASTER, PLLP
Rebekah L. Bailey, CA Attorney No. 258551
[e-mail]
4600 IDS Center, 80 South Eighth Street
Minneapolis, Minnesota 55402
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and the putative classes

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Gina McKeen-Chaplin, individually,
on behalf of herself and all others
similarly situated,

)
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Plaintiff,
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v.
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Franklin American Mortgage Company
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and DOES 1-50, inclusive,
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Defendants.
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____________________________________)

Case No. 4:10-cv-05243-SBA

[PROPOSED] ORDER AND FINAL
XXXXXXXXXX
JUDGMENT

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[PROPOSED] ORDER AND FINAL JUDGMENT
Case No. 4:10-CV-05243

Case4:10-cv-05243-SBA Document68-1 Filed02/22/13 Page2 of 2

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This matter is before the Court on the Parties’ Joint Motion to Approve Settlement (“Joint
Motion”), seeking approval of the settlement of the above-captioned action for unpaid
compensation under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq. and also
under the California Labor Code and the California Business and Professions Code (the “State
Law Claims”), and to dismiss the case, with prejudice. Having reviewed the Parties’ Joint
Motion and considered the entire record in this Action, and otherwise for good cause shown,
IT IS HEREBY ORDERED THAT:
1.

This Order and Final Judgment incorporates by reference the definitions set forth

in the Joint Motion, and all terms used herein shall have the same meaning as set forth in the
Joint Motion.
2.

This Court has jurisdiction over the subject matter of this Action and over the

parties to this Action.
3.

All terms and conditions of the settlement as described and set forth in the Joint

Motion are approved. The Court finds that the terms of the settlement and the releases that have
been executed by the individual Plaintiffs are fair, reasonable, and adequate. The Court also
finds that the terms of the settlement of this Action were the result of good faith, arms-length
negotiations by the parties, and that the terms of the settlement represent a reasonable
compromise of disputed claims and issues arising from a bona fide dispute of the FLSA claims
and the State Law Claims.
4.

This Action and all of the Released Claims are hereby dismissed, with prejudice.

Except as otherwise provided in the Joint Motion, the Parties are to bear their own costs and fees.
8.

Without affecting the finality of this Order and Final Judgment in any way, this

Court hereby retains continuing jurisdiction for the limited purpose of ensuring the
implementation and enforcement of the terms of the settlement.

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5/20/13

_____________________________________________
Hon. Saundra Brown Armstrong

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[PROPOSED] ORDER AND FINAL JUDGMENT
Case No. 4:10-CV-05243