Mendez v. R+L Carriers, Inc. et al

Filing 95

ORDER by Judge Claudia Wilken GRANTING 92 FINAL APPROVAL OF CLASS ACTION SETTLEMENT. (ndr, COURT STAFF) (Filed on 3/10/2014)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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ROBERT MENDEZ, and RANDY J.
MARTINEZ, as class representatives on behalf
of themselves and all others similarly situated
and the general public,

ALEXANDER  KRAKOW + GLICK LLP

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Assigned to the Hon. Claudia Wilken
Filed: May 20, 2011

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Case No. CV 11-02478 CW

Plaintiffs,
[PROPOSED] ORDER GRANTING
FINAL APPROVAL OF CLASS
ACTION SETTLEMENT

vs.
R+L CARRIERS, Inc., a Corporation, R&L
CARRIERS SHARED SERVICES, LLC, a
Corporation, and DOES 1-10,

Date: March 6, 2014
Time: 2:00 pm
Courtroom: 2

Defendants.

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DISMISSAL
Case No. CV 11-02478 CW

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This matter came before the Court for hearing on March 6, 2014 for final approval of the

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Settlement. The parties have submitted their Stipulation of Class Action Settlement

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(“Stipulation”) evidencing their proposed settlement (the “Settlement”), which this Court

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preliminarily approved in its December 23, 2013 Order. In accordance with the preliminary

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approval order, Class Members have been given notice of the terms of the Settlement and the

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opportunity to object to it. In addition, pursuant to the Class Action Fairness Act of 2005, 28

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U.S.C. § 1715 (“CAFA”), the United States Attorney General, the California Attorney General

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and the Attorney Generals of each state where class members resided at the time notice was issued

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have been given notice of the Settlement.

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Having received and considered the Settlement, the supporting papers filed by the parties,

ALEXANDER  KRAKOW + GLICK LLP

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and the evidence and argument received by the Court at the final approval hearing on March 6,

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2014, the Court grants final approval to the Settlement, and HEREBY ORDERS and MAKES

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DETERMINATIONS as follows:

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All terms used herein shall have the same meaning as defined in the Stipulation.

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Pursuant to Federal Rules of Civil Procedure and due process, the Court hereby finally

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approves the Settlement set forth in the Stipulation and finds that such Settlement is, in all

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respects, fair, reasonable and adequate to the Class and to each Class Member, that the Settlement

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is ordered finally approved, and that all terms and provisions of the Settlement should be and

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hereby are ordered to be consummated. The Court further finds that the Stipulation and the

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Settlement set forth therein were entered into in good faith following arms-length negotiations and

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is non-collusive, and that the Class as defined in the Stipulation be certified for settlement

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purposes only.

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This action is hereby dismissed with prejudice as to Plaintiff and all Class Members.

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DISMISSAL
Case No. CV 11-02478 CW

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The Stipulation and Settlement are not an admission by any of the Released Parties, nor is
this Order a finding of the validity of any claims in the Action or of any wrongdoing by any of the

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Released Parties. Neither this Order, the Stipulation, nor any document referred to herein, nor any

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action taken to carry out the Stipulation is, may be construed as, or may be used as an admission

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by or against the Released Parties of any fault, wrongdoing or liability whatsoever. The entering

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into or carrying out of the Stipulation, and any negotiations or proceedings related thereto, shall

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not in any event be construed as, or deemed to be evidence of, an admission or concession with

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regard to the denials or defenses by the Released Parties and shall not be offered in evidence in

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any action or proceeding against the Released Parties in any court, administrative agency or other

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tribunal for any purpose whatsoever other than to enforce the provisions of this Order, the

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Stipulation, or any related agreement or release. Notwithstanding these restrictions, any of the

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ALEXANDER  KRAKOW + GLICK LLP

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Released Parties may file in the Action or in any other proceeding the Judgment, Stipulation, or

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any other papers and records on file in the Action as evidence of the Settlement to support a

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defense of res judicata, collateral estoppel, release, or other theory of claim or issue preclusion or

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similar defense as to the Released Claims.

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As of the Settlement Effective Date, each and every Released Claim of each and every

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Class Member is and shall be deemed to be conclusively released as against the Released Parties.

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All Class Members as of the Effective Date are hereby forever barred and enjoined from

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prosecuting the Released Claims against the Released Parties.

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The Court finds that the Notice provided to Class Members was the best notice practicable

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under the circumstances of these proceedings and of matters set forth herein, and that the Notice

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fully satisfies the requirements of the Federal Rules of Civil Procedure, due process and any other

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applicable laws.

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Any court order regarding the application for Class Counsel’s attorneys’ fees and
Plaintiffs’ service awards shall in no way disturb or affect this Order of Dismissal and shall be
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DISMISSAL
Case No. CV 11-02478 CW

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considered separate from this Order.

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Without affecting the finality of this Order in any way, this Court hereby retains

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continuing jurisdiction over the interpretation, implementation and enforcement of the Settlement

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and the payments to be made under the Settlement.

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The Parties shall bear their own attorneys’ fees and costs, except as otherwise provided in

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the Stipulation and the Order re: Plaintiffs’ Motion for Attorneys’ Fees, Costs, Claims

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Administration Expenses, and Incentive/Service Awards to the Class Representatives.

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In the event that the Settlement does not become effective in accordance with its terms,

ALEXANDER  KRAKOW + GLICK LLP

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then this Order and the Settlement Agreement and General Release for the Class Representative

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shall be rendered null and void to the extent provided by and in accordance with the Stipulation

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and shall be vacated and, in such event, all orders entered in connection herewith shall be null and

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void to the extent provided by and in accordance with the Stipulation.

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IT IS SO ORDERED.

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March 10
Dated: _____________, 2014

_________________________________
Hon. Claudia Wilken
JUDGE OF THE UNITED STATES
DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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DISMISSAL
Case No. CV 11-02478 CW