Santini v. Wells Fargo Bank

Filing 53

ORDER [*AS MODIFED BY THE COURT*] AND JUDGMENT GRANTING PLAINTIFF'S MOTIONS FOR: (1) FINAL APPROVAL OF CLASS ACTION SETTLEMENT; (2) APPROVAL OF ATTORNEYS' FEES AND COSTS AND CALSS REPRESENTATIVE'S SERVICE PAYMENT AWARD re 51 Uno pposed MOTION for Final Approval of Class Action Settlement filed by Lindsay Santini, 50 MOTION for Attorney Fees and Costs and Class Representative's Service Payment Award filed by Lindsay Santini; FINAL JUDGMENT. Signed by Judge Yvonne Gonzalez Rogers on 9/13/2017. (Attachments: # 1 Exhibit: Settlement Agreement)(fs, COURT STAFF) (Filed on 9/13/2017)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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LINDSAY SANTINI, on behalf of herself
and others similarly situated,
Plaintiff,

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vs.
WELLS FARGO BANK, a National
Association with its principal place of
business in the State of California,

CASE NO. 16-cv-01992-YGR
[PROPOSED] ORDER AND JUDGMENT
GRANTING PLAINTIFF’S MOTIONS
FOR: (1) FINAL APPROVAL OF CLASS
ACTION SETTLEMENT; (2) APPROVAL
OF ATTORNEYS’ FEES AND COSTS
AND
CLASS
REPRESENTATIVE’S
SERVICE PAYMENT AWARD
*AS MODIFIED BY THE COURT*

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Defendants.
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Complaint filed:
Trial Date:

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FINAL APPROVAL ORDER AND JUDGMENT

April 15, 2016
None set

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Plaintiff Lindsay Santini (“Plaintiff” or “Class Representative”) and Defendant Wells
Fargo Bank, N.A. (“Wells Fargo” or “Defendant”), through their counsel of record, have reached
an agreement to settle claims in the putative class action, filed in the United States District Court,
Northern District of California and captioned Santini v. Wells Fargo Bank, a National
Association, Case No. 16-cv-01992-YGR (the “Action”). This matter came before the Court on
September 12, 2017, for a hearing on Plaintiff’s Motions for: (1) Final Judgment and Order
Approving Class Action Settlement; and for (2) Approval of Attorneys’ Fees and Costs, and Class
Representative’s Service Payment Award. Due and adequate notice having been given to Class
Members as required by the Court’s May 17, 2017 Preliminary Approval Order (Dkt. No. 48),
and the Court having considered all papers filed and proceedings in this action, and having
received no objections to the settlement, and determining that the settlement is fair, adequate, and
reasonable, and otherwise being fully informed and good cause appearing therefor, it is hereby
ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

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1.

Class Action Settlement Agreement and Release (“Settlement Agreement”), attached hereto as
Exhibit 1, together with the definitions used therein.

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2.

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This Court has jurisdiction over the claims of the members of the Class asserted in

this proceeding, personal jurisdiction over the Plaintiff and Defendant, and the members of the
Class, as defined in the Settlement Agreement.

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The Settlement Agreement is fully and finally approved.

3.

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This Order adopts and incorporates by reference the terms and conditions of the

4.

This Court previously conditionally certified the Class for settlement purposes.

The Court hereby grants final certification approval for settlement purposes to the Class, defined
as:

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Individuals who, according to Wells Fargo’s personnel and payroll records, are
or were employed by Wells Fargo in California as Phone Banker 1’s and/or
Phone Banker 2’s at any time from April 15, 2012, through April 15, 2017.

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5.

The Court hereby grants final certification approval for settlement purposes to the

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Opt-In Class which consists of the following individuals: Class Members who cash their

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settlement checks, consenting to join this Action as a party plaintiff under 29 U.S.C. § 216(b) and
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FINAL APPROVAL ORDER

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expressly releasing in writing any and all claims under the Fair Labor Standards Act of 1938, as
amended, 29 U.S.C. §§ 201, et seq. that are or could be based on or related to the same matters
alleged in the Complaint and/or First Amended Complaint. The members of the Opt-In Class are
also Members of the Class.
6.

Notice of Settlement given to the class fully and accurately informed Class

Members of all material elements of the proposed settlement and of their opportunity to exclude
themselves from, object to, or comment on the settlement, and to appear at the final approval
hearing. The notice was reasonable and the best notice practicable under the circumstances.
Accordingly, this Court finds that the notice program described in the Settlement and completed
by the Administrator complied fully with the requirements of due process, the Federal Rules of
Civil Procedure, and all other applicable laws.
7.

The Settlement Agreement is not an admission by Defendant or by any other

Released Party, nor is this Order a finding of the validity of any allegations or of any wrongdoing
by Defendant or any other Released Party. Neither this Order, the Settlement Agreement, nor any
document referred to herein, nor any action taken to carry out the Settlement Agreement, may be
construed as, or may be used as, an admission of any fault, wrongdoing, omission, concession, or
liability whatsoever by or against Defendant or any of the Released Parties.
8.

All Participating Class Members are bound by this Final Order and Judgment and

by the terms of the parties’ Settlement Agreement, including releases provided for in the
Settlement and this Final Order and Judgment. As of the effective date of Settlement, by
operation of the entry of this Final Judgment and Order, each Participating Class Member,
including Plaintiff, shall be deemed to have fully released, waived, relinquished, and discharged,
to the fullest extent permitted by law, all Released Claims that he or she may have against the
Released Parties as outlined below:
Upon the Settlement Date, and except as to such rights or claims as may be created by this
Agreement, each Participating Class Member fully releases and discharges Defendant, its
present, former, and future parents, subsidiaries, affiliates, predecessors, successors and

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FINAL APPROVAL ORDER AND JUDGMENT

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assigns, and each of their respective past and present members, shareholders, directors,
officers, employees, agents, servants, registered representatives, insurers, and attorneys
(collectively hereafter, the “Released Parties”) from any and all claims, debts, liabilities,
demands, obligations, guarantees, actions, or causes of action of whatever kind or nature,
whether known or unknown, from April 15, 2012, through April 15, 2017, that were or
could have been alleged based on the claims, facts and/or allegations contained in
Plaintiff’s Complaint and/or First Amended Complaint (hereinafter, the “Released
Claims”), including those arising out of or related to all claims based on failure to pay
minimum wages, failure to pay overtime wages, failure to provide meal periods, failure to
provide rest periods, failure to pay meal period and/or rest period premium compensation,
waiting time penalties for failure to pay all wages due upon termination of employment,
failure to provide accurate wage statements, and violation of California Business &
Professions Code Section 17200et seq. including all claims of any kind for minimum
wages, regular wages, overtime wages, premium pay, liquidated damages, statutory
penalties, civil penalties, restitution, interest, injunctive relief, punitive damages, other
damages, costs, expenses and attorneys’ fees arising from the alleged violation of any
provision of common law or statutory law which were or could have been raised as part of
Plaintiff’s claims including but not limited to claims under California Labor Code
Sections 201, 202, 203, 204, 210, 226, 226.3, 226.7, 510, 512, 558, 1194, 1194.2, 1197,
1197.1, 1198, and 2698, et seq., and all provisions of the California Industrial Welfare
Commission Wage Orders that provide the same or similar protection(s). As set forth in
the Settlement Agreement, FLSA Participating Class Members will also expressly release
in writing any and all claims under the Fair Labor Standards Act of 1938, as amended, 29
U.S.C. §§ 201, et seq., that are or could be based on or related to the same matters alleged
in the Complaint and/or First Amended Complaint.

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FINAL APPROVAL ORDER AND JUDGMENT

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9.

The Court permanently enjoins, bars, and forever precludes all Participating Class

Members from initiating, pursuing, or prosecuting in any forum (or allowing to be initiated,
pursued, or prosecuted in their own right or on their own behalf) any of the Released Claims.
10.

Class Members were given a full opportunity to participate in the Final Approval

Hearing, and all Class Members and other persons wishing to be heard have been heard.
Accordingly, the Court determines that all Participating Class Members are bound by this Order.
11.

The Court has considered all relevant factors for determining the fairness of the

settlement and has concluded that all such factors weigh in favor of granting final approval. In
particular, the Court finds that the settlement was reached following meaningful discovery and
investigation conducted by Plaintiff’s counsel; that the settlement is the result of serious,
informed, adversarial and arm’s-length negotiations between the parties; and that the terms of the
settlement are, in all respects, fair, adequate, and reasonable.
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In so finding, the Court has considered all evidence presented, including evidence

regarding the strength of the Plaintiff’s case; the risk, expense, and complexity of the claims
presented; the likely duration of further litigation; the amount offered in settlement; the extent of
investigation and discovery completed; and the experience and views of Plaintiff’s counsel. The
Court has also considered the absence of objection to the settlement.
13.

The Court hereby finds the Payments to Participating Class Members under the

terms of the Settlement to be fair and reasonable in light of all the circumstances. The Court,
therefore, orders the calculations and payments to be made and administered in accordance with
the terms of the Settlement Agreement.
14.

The Court finds that the services provided by the Administrator were for the

benefit of the Class, and the cost of $25,000.00 is fair, reasonable, and appropriate for
reimbursement. The Court approves payment to Rust Consulting, Inc. for administration fees,
which include all costs and fees incurred to date, as well as estimated costs and fees involved in
completing the administration of the Settlement.

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FINAL APPROVAL ORDER AND JUDGMENT

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15.

The Court confirms The Markham Law Firm and United Employees Law Group

as Class Counsel in this action. The Court finds that Class Counsel have the sufficient
experience, knowledge, and skill to promote and safeguard the interests of the Class. The Court,
therefore, finds that Plaintiff’s counsel satisfy the professional and ethical obligations of Class
Counsel.
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The Court further approves an award of attorneys’ fees of $185,149.25. The Court

finds that this amount is supported by both the application of the percentage fee and the lodestarplus-multiplier methods for awarding reasonable attorneys’ fees.
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In the course of this litigation, Class Counsel incurred $11,634.00 in costs in the

form of court filing fees, mediation fees, deposition transcripts, document copying fees, legal
research charges, deposition travel expenses, and delivery charges. The Court approves the
reimbursement of Class Counsel’s costs in the amount of $11,634.00, pursuant to the terms of the
Settlement Agreement.
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The Court finds that Lindsay Santini is a suitable representative for the Settlement

Class and is hereby appointed the Class Representative. The Court finds that Class
Representative’s investment and commitment to the litigation and its outcome ensured adequate
and zealous advocacy for the Settlement Class, and her interests are aligned with those of the
Settlement Class.
19.

The Court finds Class Representative’s Service Payment Award in the amount of

$5,000.00 fair and reasonable compensation based upon the evidence presented regarding the
services provided and risks incurred by Plaintiff in assisting Class Counsel.
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Without affecting the finality of this Final Judgment and Order, the Court reserves

continuing and exclusive jurisdiction over the parties to the Settlement, including Defendant and
Class Members, to administer, supervise, construe and enforce the Settlement in accordance with
its terms.
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In the event the Judgment is overturned, reversed, not affirmed in its entirety, or

never becomes final, the Payment Date does not occur, or the Settlement Agreement is nullified

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FINAL APPROVAL ORDER AND JUDGMENT

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or modified for any reason, Wells Fargo does not waive any and all rights, including its right to
oppose class certification. The Settlement Agreement is a settlement document and shall be
inadmissible in evidence in any proceeding, except an action or proceeding to approve, interpret,
or enforce the Settlement Agreement.
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Whether or not the Settlement is finally approved, neither the Settlement nor any

of its terms, nor any order, the Judgment, document, statement, proceeding or conduct related to
this Settlement Agreement nor any accounts or reports thereof, shall in any event be: (a)
construed as, offered or admitted in evidence as, received as, or deemed to be evidence for any
purpose adverse to the Released Parties, including, but not limited to, evidence of a presumption,
concession, indication or admission by any of the Released Parties of any liability, fault,
wrongdoing, omission, concession or damage; and/or (b) disclosed, referred to or offered or
received in evidence against any of the Released Parties, in any further proceeding in this Action,
or in any other civil, criminal, administrative action or proceeding of any type, except for the
purposes of settling this Action pursuant to the terms of the Settlement Agreement, enforcing the
Settlement Agreement or Judgment, or enforcing the release of the Released Claims; or (c) used
in any other way for any other purpose.

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IT IS SO ORDERED.

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DATED: _____________, 2017
September 13

___________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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FINAL APPROVAL ORDER AND JUDGMENT