Walsh v. Apple, Inc. et al
Filing
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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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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.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DAVID WALSH, an individual, DAVID
KALUA, an individual, on behalf of themselves,
and on behalf of all persons similarly situated,
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Plaintiffs,
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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..
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OHS West:260787985.1
-1-
ORDER GRANTING PRELIMINARY APPROVAL
OF CLASS ACTION SETTLEMENT
CASE NO. C 08-04918 JF
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The Court has before it Named Plaintiffs David Walsh and David Kalua’s
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unopposed motion for preliminary approval of a proposed class action settlement (“Settlement”).
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After reviewing the Motion for Preliminary Approval and the Stipulation and Settlement
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Agreement of Class Action Claims (“Agreement”) filed with the Court, the Court hereby finds
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and orders as follows:
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1.
The Court finds on a preliminary basis that the Agreement appears to be fair,
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adequate and reasonable, falls within the range of reasonableness, and therefore meets the
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requirements for preliminary approval.
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2.
The Court conditionally certifies for settlement purposes only the following class
(“Plaintiffs”):
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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.
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3.
The Court finds, for purposes of settlement only, that the Plaintiffs meet the
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requirements for class certification under Fed. R. Civ. P. 23(a) and 23(b)(3) in that: (1) the
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Plaintiffs are so numerous that joinder is impracticable; there are questions of law and fact that
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are common to all Plaintiffs, which questions predominate over individual issues; (2) Named
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Plaintiffs’ claims are typical of the claims of the Plaintiffs; (3) the Named Plaintiffs and Class
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Counsel will fairly and adequately protect the interests of the Plaintiffs; and (4) a class action is
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superior to other available methods for the fair and efficient adjudication of the controversy.
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4.
The Court appoints for settlement purposes only, Named Plaintiffs David Walsh
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and David Kalua as class representatives for the Class.
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5.
The Court appoints for settlement purposes only, Norman B. Blumenthal,
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Blumenthal, Nordrehaug & Bhowmik, and Walter Haines, United Employees Law Group, as
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OHS West:260787985.1
-2-
ORDER GRANTING PRELIMINARY APPROVAL
OF CLASS ACTION SETTLEMENT
CASE NO. C 08-04918 JF
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Class Counsel for the Plaintiffs.
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6.
The Court appoints Gilardi & Co. as the Settlement Administrator.
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7.
The parties are ordered to carry out the settlement according to the terms of the
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Agreement.
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8.
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The Court orders the following schedule of dates for further proceedings:
a. Deadline for Settlement Administrator to mail Notices to Plaintiffs: [45 days after
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entry of preliminary approval order granted]
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b. Claims Deadline: [45 days after Notices mailed]
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c. Objection/Exclusion Deadline: [45 days after Notices mailed]
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d. Deadline for serving and filing Motion for Final Approval: [after
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Objection/Exclusion Deadline]
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e. Final Approval Hearing:
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9.
The Court approves, as to the form and content, the Class Notice (“Notice”),
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attached hereto as Exhibit A, which informs Plaintiffs of the terms of the proposed Settlement, the
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preliminary approval of the Settlement, and the scheduling of the Final Approval Hearing, and the
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Claim Form and Opt In Form attached hereto as Exhibit B. The Court finds that the dates
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selected for the mailing and distribution of the Notice, Claim Form and Opt In Form meet the
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requirements of due process and provide the best notice practicable under the circumstances and
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shall constitute due and sufficient notice to all persons entitled thereto.
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IT IS SO ORDERED.
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Dated:
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______
UNITED STATES DISTRICT COURT JUDGE
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OHS West:260787985.1
-3-
ORDER GRANTING PRELIMINARY APPROVAL
OF CLASS ACTION SETTLEMENT
CASE NO. C 08-04918 JF
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