McClellan et al v. SFN Group, Inc. et al

Filing 54

ORDER by Judge ARMSTRONG granting 50 Motion for Attorney Fees; granting 51 Motion for Settlement (lrc, COURT STAFF) (Filed on 10/26/2012)

1 LAW OFFICE OF RANDALL CRANE

RANDALL CRANE, Cal. Bar No. 56806

2 [e-mail]

LEONARD EMMA, Cal. Bar No. 224483

3 [e-mail]

180 Grand Ave., Suite 1550

4 Oakland, California 94612

Telephone: [phone]
510-465-4643

5 Facsimile:

6 Attorneys for Plaintiffs

KIMBERLY MCCLELLAN and LAURA

7 LOVELESS
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 KIMBERLY MCCLELLAN and

LAURA LOVELESS, individually and
11 on behalf of all others similarly situated,
Plaintiffs,

12
13

v.

14 SFN GROUP, INC., SFN

PROFESSIONAL SERVICES, LLC,

15 and SPHERION ATLANTIC

ENTERPRISES, LLC, all doing

16 business as SPHERION, and

SPHERION, a business form unknown,

17 and DOES 1 through 100, inclusive,
18

Defendants.

Case No. C10-05972 SBA
[Former Alameda Superior Court, Case
No. RG10548294]
[PROPOSED] ORDER GRANTING
FINAL APPROVAL OF
SETTLEMENT OF SUBCLASS
AND DISMISSAL OF SUBCLASS
ALLEGATIONS; ATTORNEYS’
FEES, COSTS, AND INCENTIVE
AWARD TO NAMED PLAINTIFF;
AND ENTRY OF FINAL
JUDGMENT
Hearing Date: October 18 16, 2012
Time: 1:00 p.m.
Courtroom: 1

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[PROPOSED] ORDER GRANTING FINAL APPROVAL

1

The parties, having filed their Stipulation of Settlement and Release Between

2 Plaintiffs and Defendants (“Settlement”) on April 17, 2012, the terms and
3 definitions of which are incorporated in their entirety by this reference, and upon
4 consideration of Plaintiffs’ unopposed Motion for Final Approval of Class Action
5 Settlement and Plaintiffs’ unopposed Motion for Attorneys’ Fees, Costs, and
6 supporting memoranda and declarations (collectively, the “Motions”);
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The Court having entered an Order Granting Plaintiffs’ unopposed Motion for

8 Preliminary Approval (the “Preliminary Approval Order”) on June 21, 2012, which:
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(a) certified a subclass comprised of current and former employees of

10 Defendants in California during the class period (November 24, 2006 to February
11 11, 2012), with the job titles of Client Service Representative, Client Service
12 Specialist/Supervisor, Client Service Manager, and similar or equivalent
13 designations as defined in Plaintiffs’ First Amended Complaint (the “Settlement
14 Subclass”);
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(b) dismissed without prejudice the subclass comprised of all current and

16 former employees of Defendants in California during the class period with the job
17 titles of Branch Manager, On-Premises Manager, or similar or equivalent
18 designations as defined in Plaintiffs’ First Amended Complaint (the “Dismissed
19 Subclass”);
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(c) appointed Plaintiff McClellan as Class Representative for the Settlement

21 Subclass;
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(d) appointed Randall Crane, Law Offices of Randall Crane, as counsel for

23 the Settlement Subclass;
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(e) appointed CPT Group, Inc., as claims administrator;

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(f) directed the form and distribution of a notice packet to Settlement Subclass

26 Members; and
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(g) ordered an implementation schedule for further proceedings, including

28 scheduling a final approval hearing;
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[PROPOSED] ORDER GRANTING FINAL APPROVAL

1

The Court having found that the Settlement Subclass received valid, due, and

2 sufficient notice in conformity with the requirements of Rule 23 of the Federal
3 Rules of Civil Procedure;
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A Final Approval and Fairness Hearing having been held on October 1816,

5 2012, at which all interested persons were given a full opportunity to object to, or be
6 heard regarding, the Settlement, and the Court having read and fully considered all
7 submissions made in connection with the proposed Settlement;
8 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
9 1.

The Court has jurisdiction over the litigation and over all parties in the

10 litigation.
11 2.

In accordance with the Court’s Preliminary Approval Order, notice was

12 timely given by mail to all members of the Settlement Subclass who could be
13 identified and whose addresses could be ascertained with reasonable effort. The
14 form and manner of delivery to the Settlement Subclass met the requirements of
15 Rule 23 and due process, constituted the best notice practicable under the
16 circumstances, and constituted due and sufficient notice to all members of the
17 Settlement Subclass.
18 3.

The motion for final approval of the Settlement is hereby GRANTED. The

19 Court has reviewed the Settlement, the Settlement Amount of $550,000, and all
20 related terms and conditions, and finds them fair, reasonable, and adequate in all
21 respects. The parties to the Settlement are authorized and directed to consummate
22 the Settlement and to perform under the terms of the Settlement. The litigation is
23 dismissed on the merits with prejudice as to Named Plaintiffs and the Settlement
24 Subclass. This dismissal shall and does include any and all claims that were
25 asserted in the Complaint, or are expressly covered by the Settlement.
26 4.

The litigation is dismissed without prejudice as to the Dismissed Subclass.

27 5.

Named Plaintiffs and each of the Settlement Subclass Members, individually

28 and on behalf of the Releasees, fully, completely, and finally settle and discharge the
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[PROPOSED] ORDER GRANTING FINAL APPROVAL

1 Settled Claims.
2 6.

The Named Plaintiffs and each and every Settlement Subclass Member shall

3 be bound by the Settlement, shall have exclusive recourse to the benefits, rights, and
4 remedies provided by the Settlement regarding the Settled Claims, and shall be
5 barred from prosecuting against Releasees any individual or class claims related to
6 the factual allegations underlying the Settled Claims, including without limitation
7 any claims arising out of the acts, facts, transactions, occurrences, representations,
8 or omissions set forth in this action through the date of the final approval of this
9 settlement upon satisfaction of all payments and obligations hereunder.
10 7.

Defendant shall deposit into an account, through CPT Group, Inc., the

11 Settlement Fund as set forth in the Settlement.
12 8.

CPT Group, Inc., shall pay all claims, and Court-approved attorney’s fees,

13 costs, and the payment to Plaintiff McClellan as set forth in the Settlement.
14 10.

The request for incentive awards to Named Plaintiff McClellan, to be paid

15 from the Settlement Amount, is hereby GRANTED in the amount of $5,000
16 $10,000, and shall be distributed in accordance with the terms of the Settlement.
17 11.

For the reasons set forth in Plaintiffs’ motion for an award of attorneys’ fees

18 and reimbursement of litigation costs, that motion is hereby GRANTED and Class
19 Counsel is awarded $137,500 $165,000 in attorneys’ fees and $10,553.40 in costs,
20 to be paid from the Settlement Amount, and shall be distributed in accordance with
21 the terms of the Settlement.
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[PROPOSED] ORDER GRANTING FINAL APPROVAL

1 12.

The Court reserves jurisdiction over all parties for the purpose of taking any

2 actions as may be necessary to administer, implement, or enforce the Settlement and
3 this Order. There is no just reason for delay in the entry of this Order Granting Final
4 Approval of Settlement of Subclass and Dismissal of Subclass Allegations;
5 Attorneys’ Fees, Costs, and Incentive Award to Named Plaintiff; and Entry of Final
6 Judgment. The Clerk of the Court shall close the file and terminate the action.
7 IT IS SO ORDERED.
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9 Dated: 10-26-12
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Hon. Saundra Brown Armstrong
United States District Judge

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[PROPOSED] ORDER GRANTING FINAL APPROVAL