Walsh v. Apple, Inc. et al

Filing 40

MOTION for Settlement Preliminary Approval for Class Settlement filed by David Kalua, David Walsh. Motion Hearing set for 2/26/2010 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion for Preliminary Approval, # 2 Declaration of Norman B. Blumenthal in support of Motion for Preliminary Approval, # 3 Certificate of Service, # 4 Proposed Order)(Blumenthal, Norman) (Filed on 1/21/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 BLUMENTHAL, NORDREHAUG & BHOWMIK Norman B. Blumenthal (STATE BAR NO. 068687) Kyle R. Nordrehaug (STATE BAR NO. 205975) Aparajit Bhowmik (STATE BAR NO. 248066) 2255 Calle Clara La Jolla, CA 92037 Telephone: (858)551-1223 Facsimile: (858) 551-1232 UNITED EMPLOYEES LAW GROUP Walter Haines (STATE BAR NO. 071705) 65 Pine Ave, #312 Long Beach, CA 90802 Telephone: (562) 256-1047 Facsimile: (562) 256-1006 Attorneys for Plaintiffs DAVID WALSH and DAVID KALUA LYNNE C. HERMLE (STATE BAR NO. 99779) JOSEPH C. LIBURT (STATE BAR NO. 155507) JESSICA R. PERRY (STATE BAR NO. 209321) ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: 650-614-7400 Facsimile: 650-614-7401 lchermle@orrick.com jliburt@orrick.com jperry@orrick.com Attorneys for Defendant APPLE INC. 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 23 DAVID WALSH, an individual, DAVID KALUA, an individual, on behalf of themselves, and on behalf of all persons similarly situated, 24 Plaintiffs, 22 25 26 v. Case No. C 08-04918 JF [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Date: February 26, 2010 Time: 9:00 a.m. APPLE INC., Judge: Hon. Jeremy Fogel Ctrm: Dept. 3 Defendant.. 27 28 OHS West:260787985.1 -1- ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT CASE NO. C 08-04918 JF 1 The Court has before it Named Plaintiffs David Walsh and David Kalua’s 2 unopposed motion for preliminary approval of a proposed class action settlement (“Settlement”). 3 After reviewing the Motion for Preliminary Approval and the Stipulation and Settlement 4 Agreement of Class Action Claims (“Agreement”) filed with the Court, the Court hereby finds 5 and orders as follows: 6 1. The Court finds on a preliminary basis that the Agreement appears to be fair, 7 adequate and reasonable, falls within the range of reasonableness, and therefore meets the 8 requirements for preliminary approval. 9 10 2. The Court conditionally certifies for settlement purposes only the following class (“Plaintiffs”): 11 All of Apple, Inc.’s current and former employees in the IS&T and/or Global Computing Network Services (“GNCS”) division in the United States who were classified as exempt holding the job titles of Network Engineer (levels 1 through 3), Telecommunication Engineer (levels 1 through 3), Information Systems Engineer (levels 1 through 3), Systems Engineer (levels 1 through 3), Information Systems Analyst (levels 1 through 3), Tech/Info Systems Analyst (levels 1 through 3), or substantially similar job titles at levels 1, 2 and 3 who worked at any time from August 4, 2004 through the present on the list of Plaintiffs provided to the Settlement Administrator. 12 13 14 15 16 17 3. The Court finds, for purposes of settlement only, that the Plaintiffs meet the 18 requirements for class certification under Fed. R. Civ. P. 23(a) and 23(b)(3) in that: (1) the 19 Plaintiffs are so numerous that joinder is impracticable; there are questions of law and fact that 20 are common to all Plaintiffs, which questions predominate over individual issues; (2) Named 21 Plaintiffs’ claims are typical of the claims of the Plaintiffs; (3) the Named Plaintiffs and Class 22 Counsel will fairly and adequately protect the interests of the Plaintiffs; and (4) a class action is 23 superior to other available methods for the fair and efficient adjudication of the controversy. 24 4. The Court appoints for settlement purposes only, Named Plaintiffs David Walsh 25 and David Kalua as class representatives for the Class. 26 5. The Court appoints for settlement purposes only, Norman B. Blumenthal, 27 Blumenthal, Nordrehaug & Bhowmik, and Walter Haines, United Employees Law Group, as 28 OHS West:260787985.1 -2- ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT CASE NO. C 08-04918 JF 1 Class Counsel for the Plaintiffs. 2 6. The Court appoints Gilardi & Co. as the Settlement Administrator. 3 7. The parties are ordered to carry out the settlement according to the terms of the 4 Agreement. 5 8. 6 The Court orders the following schedule of dates for further proceedings: a. Deadline for Settlement Administrator to mail Notices to Plaintiffs: [45 days after 7 entry of preliminary approval order granted] 8 b. Claims Deadline: [45 days after Notices mailed] 9 c. Objection/Exclusion Deadline: [45 days after Notices mailed] 10 d. Deadline for serving and filing Motion for Final Approval: [after 11 Objection/Exclusion Deadline] 12 e. Final Approval Hearing: 13 9. The Court approves, as to the form and content, the Class Notice (“Notice”), 14 attached hereto as Exhibit A, which informs Plaintiffs of the terms of the proposed Settlement, the 15 preliminary approval of the Settlement, and the scheduling of the Final Approval Hearing, and the 16 Claim Form and Opt In Form attached hereto as Exhibit B. The Court finds that the dates 17 selected for the mailing and distribution of the Notice, Claim Form and Opt In Form meet the 18 requirements of due process and provide the best notice practicable under the circumstances and 19 shall constitute due and sufficient notice to all persons entitled thereto. 20 IT IS SO ORDERED. 21 22 Dated: 23 ______ UNITED STATES DISTRICT COURT JUDGE 24 25 26 27 28 OHS West:260787985.1 -3- ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT CASE NO. C 08-04918 JF

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