Gerardo v. Quong Hop and Co. et al

Filing 40

ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AN ORDER FOR DISTRIBUTION AND CYPRESS PAYMENT, AND AWARDING ATTORNEYS' FEES re 31 , 33 . Signed by Judge Jeremy Fogel on 11/20/09. (dlm, COURT STAFF) (Filed on 11/24/2009)

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ADAM WANG, Bar No. 201233 LAW OFFICES OF ADAM WANG 12 South First Street, Suite 613 San Jose, CA 95113 Telephone: [phone] Facsimile: [phone] [e-mail] TOMAS E. MARGAIN, Bar No. 193555 LAW OFFICES OF TOMAS E. MARGAIN 28 North 1st, Suite 210 San Jose, CA 95113 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JESSIEL GERARDO, EMMANUEL JIMENEZ-RAMIREZ, ABEL LOPEZJEIMENEZ, AND CARLOS LOPEZ, on behalf of themselves and others similarly situated, Plaintiffs, v. QUONG HOP AND CO., AND FRANK STEPHENS, Defendants.

Case No. C08-03953 JF ----------------[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AN ORDER FOR DISTRIBUTION AND CYPRESS PAYMENT, AND AWARDING ATTORNEY'S FEES Date: Time: Judge: November 20, 2009 9:00 AM Honorable Jeremy Fogel

On July 7, 2009, this Court entered Order 1) Granting Preliminary Approval of Settlement, 2) Granting Provisional Class Certification, 3) Directing Distribution of Notice Of Settlement, and 4) Setting Schedule For Final Approval Process. Currently before the Court is Plaintiffs' Motion for Final Approval of Class Action Settlement and An Order for Distribution And Cy Press Payment, and Class Counsel's Motion for Mandatory Award of Attorney's Fees and Costs. Plaintiffs seek an order directing Defendants to pay a total $ 87,710.67. The specified sum includes $ 73,358.73 to be distributed
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[PROPOSED] ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARDING ATTORNEY'S FEES 1 Case No. C08-3953 JF

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to the various class members who have made their claims during the class claim period and $14,351.94 to be paid to Legal Aid Society-Employment Law Center's Worker Rights Legal Clinics according to Cy Press doctrine. Also before the Court is Class Counsel's motion to award mandatory attorney's fees and costs based on lodestar basis for a total amount of $53,000. Both motions are unopposed. After reviewing the motion papers, and files in this case, the Court hereby grants Plaintiffs' motion for final approval of the class action settlement, directing Defendants to pay total $87,710.67 pursuant to the settlement agreement previously approved by this Court. The Court hereby authorizes class counsel to (i) distribute the total $73,358.73 to the various class members as indicated in the moving papers; and (ii) remit $14,351.94 to Legal Aid SocietyEmployment Law Center's Worker Rights Legal Clinics under the Cy Press doctrine. Court also grants Class Counsel's motion for attorney's fees and costs, hereby directing Defendants to pay $53,000 to Class Counsel within 10 days from the entry of this Order. IT IS SO ORDERED. 20 Dated: November __, 2009

By: _________________________ JEREMY FOGEL United States District Judge

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[PROPOSED] ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARDING ATTORNEY'S FEES 2 Case No. C08-3953 JF