Berry v. Urban Outfitters Wholesale, Inc. et al

Filing 101

ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. Signed by Judge Jeffrey S. White on 12/2/15. (jjoS, COURT STAFF) (Filed on 12/2/2015) Modified on 12/3/2015 (jjoS, COURT STAFF).

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Raul Perez (SBN 174687)
[e-mail]
Melissa Grant (SBN 205633)
[e-mail]
Arnab Banerjee (SBN 252618)
[e-mail]
Capstone Law APC
1840 Century Park East, Suite 450
Los Angeles, California 90067
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs Alexander Moore
and Charlotte Whitmore

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALEXANDER MOORE, individually,
and on behalf of other members of the
general public similarly situated,
Plaintiff,

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vs.

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URBAN OUTFITTERS WHOLESALE, INC.,
D/B/A ANTHROPOLOGIE, a Pennsylvania
corporation; and DOES 1 through 10, inclusive,

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Case No. 4:13-cv-02245-JSW
Related Case Nos.: 13-cv-02628-JSW;
14-cv-00024-JSW;
14-cv-01580-JSW; 14-002601-JSW
Assigned to the Honorable
Jeffrey S. White
[PROPOSED] ORDER GRANTING
MOTION FOR PRELIMINARY APPROVAL
OF CLASS ACTION SETTLEMENT

Defendants.
Date:
Time:
Place:

December 4, 2015
9:00 a.m.
Courtroom 5

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ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

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ORDER
On December 4, 2015, this Court conducted a hearing on Plaintiffs’ Motion for Preliminary

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Approval of the Class Action Settlement (the “Motion”). Having considered the Motion and the points

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and authorities and declarations submitted in support of the Motion, including the Joint Stipulation of

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Class Action Settlement and Release (“Settlement Agreement” or “Settlement”) and exhibits, and

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GOOD CAUSE appearing, IT IS HEREBY ORDERED that the Motion is GRANTED, subject to

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the following findings and orders:

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1.

This Order incorporates by reference the definitions in the Settlement Agreement, and

all terms defined therein shall have the same meaning as set forth in the Settlement Agreement.
2.

The Settlement Class shall be conditionally certified for settlement purposes only and

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shall consist of all persons who were employed at Anthropologie stores in California as hourly managers

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or hourly supervisors (i.e., Operations Supervisors, Selling Supervisors, or Managers in Training) at any

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time during the period from April 10, 2009 to the date of preliminary approval.

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3.

The class action settlement set forth in the Settlement Agreement, entered into among

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the Parties and their counsel, is preliminarily approved as it appears to be proper, to fall within the range

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of reasonableness, to be the product of arm’s-length and informed negotiations, to treat all Class

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Members fairly, and to be presumptively valid, subject only to any objections that may be raised at or

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before the final approval hearing. The Court further finds that Plaintiffs’ counsel conducted extensive

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investigation and research, and that they were able to reasonably evaluate Plaintiffs’ position and the

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strengths and weaknesses of their claims and the ability to certify them. Plaintiffs have provided the

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Court with enough information about the nature and magnitude of the claims being settled, as well as the

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impediments to recovery, to make an independent assessment of the reasonableness of the terms to

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which the parties have agreed.

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4.

The Court also finds that settlement now will avoid additional and potentially substantial

litigation costs, as well as delay and risks if the Parties were to continue to litigate the Action.
5.

The Court preliminarily approves the Settlement Agreement, including all the terms and

conditions set forth therein and the Class Settlement Amount and allocation of payments.
6.

The rights of any potential dissenters to the proposed Settlement are adequately
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ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

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protected in that they may exclude themselves from the Settlement and proceed with any alleged claims

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they may have against Defendant, or they may object to the Settlement and appear before this Court.

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However, to do so they must follow the procedures outlined in the Settlement Agreement and Notice of

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Class Action Settlement. Failure to follow the procedures outlined in the Settlement Agreement and

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Notice of Class Action Settlement for making objections shall result in waiver and the objector shall be

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forever foreclosed from challenging any of the terms of the Settlement.

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7.

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

Settlement (“Class Notice”).
8.

The Court directs the mailing, by First-Class U.S. mail, of the Class Notice to Class

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Members in accordance with the schedule set forth below and the other procedures described in the

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Settlement Agreement. The Court finds that the method selected for communicating the preliminary

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approval of the Settlement Agreement to Class Members is the best notice practicable under the

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circumstances, constitutes due and sufficient notice to all persons entitled to notice, and thereby satisfies

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due process.

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9.

The named Plaintiffs Alexander Moore and Charlotte Whitmore are suitable class

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representatives and are appointed Class Representatives for the Settlement Class conditionally certified

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by this Order.

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10.

The Court appoints Capstone Law APC as Class Counsel. The Court finds that counsel

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have demonstrable experience litigating, certifying, and settling class actions, and will serve as adequate

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counsel for the Class conditionally certified by this Order.

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11.

The Court approves and appoints Simpluris, Inc. as the Settlement Administrator.

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12.

The following dates shall govern for purposes of this Settlement:

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Date
December 24, 2015 (or not later than 20 calendar
days after the Court grants preliminary approval of
the Settlement Agreement, if later)

Event
Last day for Defendant to produce the Class List to
the Settlement Administrator and to Class Counsel.

January 2, 2016 (or not later than 10 calendar days
after the Defendants produce the class list, if later)

Last day for the Settlement Administrator to mail
the Class Notice to all Class Members.

January 25, 2016 (or at least 7 calendar days before Last day for Class Counsel to file the Motion for
the deadline to object to the Settlement)
Attorneys’ Fees, Costs, and Class Representative
Enhancement Payments.

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ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

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Last day for Class Members to submit Requests
for Exclusion or objections to the Settlement.

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February 1, 2016 (or not later than 30 calendar
days after the Claims Administrator mails the
Class Notice, if later)

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February 19, 2016

Last day for Plaintiffs to file the Motion for Final
Approval of Class Action Settlement.

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March 25, 2016 at 9:00 a.m.

Hearing on Motion for Final Approval of Class
Action Settlement and Motion for Attorneys’ Fees,
Costs, and Class Representative Enhancement
Payments.

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The Court expressly reserves the right to continue or adjourn the final approval hearing from

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time to time without further notice to the Class Members.

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IT IS SO ORDERED.

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Dated:

December 2, 2015
Hon. Jeffrey S. White
United States District Judge

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ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT