Driscoll et al v. Lockheed Martin Corporation

Filing 33

ORDER by Judge Whyte granting 27 Joint Motion for preliminary approval of class action settlement. (rmwlc3, COURT STAFF) (Filed on 4/27/2010)

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DENNIS M. BROWN, Bar No. 126575 MICHELLE B. HEVERLY, Bar No. 178660 TODD K. BOYER, Bar No. 203132 KARIN M. COGBILL, Bar No. 244606 LITTLER MENDELSON A Professional Corporation 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 Telephone: [phone] Facsimile: 408.288.5686 Attorneys for Defendant LOCKHEED MARTIN CORPORATION

E-filed 4/27/10

UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LIT T LE R ME N D E LS O N
A PR O F E S S I O N A L C O R P O R A T I O N 50 W. Sa n F e r n a n d o, 15th F lo o r Sa n Jose , C A 95113.2303 408. 99 8 . 41 5 0

MAURICE B. DRISCOLL, MARCIANO C. CANATE, JR., DERRICK KIBLER, CHARLES E. KING, JR., EARL J. MALVINI, AND YVONNE E. SANCHEZ, Individually and on behalf of a Class and other similarly situated, Plaintiffs, v. LOCKHEED MARTIN CORPORATION, Does 1-10, Defendants

Case No. 09-CV-00439 RMW [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, NOTICE TO CLASS AND SETTING OF HEARING FOR FINAL APPROVAL 23 Date: April 16, 2010 Time: 9:00 a.m. Judge: Hon. Ronald M. Whyte Courtroom: 6, 4th Floor

[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL

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The Joint Motion For Order (1) Conditionally Certifying Settlement Class; (2) Preliminarily Approving Class Action Settlement; (3) Directing Distribution of Class Notice; and (4) Setting Hearing for Final Approval of the Settlement ("Joint Motion") came before this Court on April 16, 2010, the Honorable Ronald M. Whyte presiding. The Court having considered the papers submitted in support of the motion, HEREBY ORDERS THE FOLLOWING: 1. The Court grants preliminary approval of the Settlement and the Settlement

Class based upon the terms set forth in the Stipulation of Class Action Settlement ("Settlement Agreement."). The Settlement appears to be fair, reasonable and adequate to the Settlement Class. 2. The Court certifies for settlement purposes only the following Settlement

Class ("the Settlement Class") pursuant to Federal Rules of Civil Procedure 23(a) and (b)(3) as follows1: All persons who are employed or have been employed as hourly-paid Plant Protection Officers by Lockheed Martin Corporation in the State of California, who at any time from December 23, 2004 through the date of preliminary approval of the settlement class, were not provided an off-duty meal period after six (6) hours of work, and/or a second off-duty meal period after ten (10) hours of work and were not provided compensation of one (1) hour's pay for each day on which such meal period was not provided. 3. The Settlement falls within the range of reasonableness and appears to be

presumptively valid, subject only to any objections that may be raised at the Final Approval Hearing 18 and final approval by this Court. 19 4. 20 Settlement, Attorneys' Fees and Litigation Expenses to Class Counsel and the Class 21 Representatives' Enhancement Payments (as defined in the Settlement Agreement) should be finally 22 approved as fair, reasonably and adequate as to the members of the class is scheduled for September 23 10, 2010 at 9:00 a.m.. 24 5. 25 Pendency of Class Action, in substantially the form attached to the Declaration of Michelle B. 26 Heverly filed in support of the Joint Motion as Exhibit B. The Court also approves the procedure for 27
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A Final Approval Hearing on the question of whether the proposed

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

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LIT T LE R ME N D E LS O N
A PR O F E S S I O N A L C O R P O R A T I O N 50 W. Sa n F e r n a n d o, 15th F lo o r Sa n Jose , C A 95113.2303 408. 99 8 . 41 5 0

The definitions of those proper terms used throughout this Order are contained in Paragraph 1 of the Settlement Agreement filed in conjunction with the Joint Motion. 2.

[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL

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LIT T LE R ME N D E LS O N
A PR O F E S S I O N A L C O R P O R A T I O N 50 W. Sa n F e r n a n d o, 15th F lo o r Sa n Jose , C A 95113.2303 408. 99 8 . 41 5 0

Class Members to object to the Settlement set forth in the Notice to Class Members of Pendency of Class Action. 6. The Court directs the mailing of the Notice to Class Members of Pendency of

Class Action by first class mail to the Class Members in accordance with the Settlement Agreement and Implementation Schedule set forth below. 7. The Court finds that the dates selected for the mailing and distribution of the

Notice to Class Members of Pendency of Class Action, as set forth below, meet the requirements of due process and provide the best notice practicable under the circumstances and shall constitute due and sufficient notice to all persons entitled thereto. 8. 9. 10. The Court confirms Weinberg, Roger & Rosenfeld as Class Counsel. The Court hereby appoints Simpluris, Inc. as the Claims Administrator Individual Class Members may be heard at the Final Approval Hearing, either

personally or through their counsel, only if they serve on the Class Counsel and Counsel for Defendant, on or before August 27, 2010, a written objection to the Settlement and/or a written notice of their intention to appear at the Final Approval Hearing and file a proof of service with this Court no later than 5 days prior to the Final Approval Hearing. 11. proceedings: IMPLEMENTATION SCHEDULE Deadline to mail Notice to Class Members May 17, 2010 of Pendency of Class Action Settlement Deadline for Class Members to opt out or 45 days after individual Notice to Class Members of submit Settlement Estimate and Dispute Pendency of Class Action Settlement sent to Form Settlement Class Member Deadline for submission of Objections to August 27, 2010 Class Action Settlement to Court Deadline for Approval filing Motion for Final August 6, 2010 The Court orders the following Implementation Schedule for further

Deadline for Claims Administrator to file August 26, 2010 Declaration of Compliance
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL

3.

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Final Approval Hearing

September 10, 2010

Deadline for Plaintiffs' Counsel to Submit August 6, 2010 an Application for Award of Attorneys' Fees and Litigation Expenses pursuant to Section 5.1 of the Stipulation of Class Action Settlement. IT IS SO ORDERED.

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Firmwide:92298160.1 051770.1012

4/27/10 Dated: _______________

RONALD M. WHYTE, UNITED STATES DISTRICT COURT JUDGE

Dated: March 12, 2010

//S// Emily P. Rich EMILY P. RICH WEINBERG, ROGER & ROSENFELD A Professional Corporation Attorneys for Plaintiffs Dated: March 12, 2010

/s/ Todd K. Boyer TODD K. BOYER LITTLER MENDELSON A Professional Corporation Attorneys for Defendant

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LIT T LE R ME N D E LS O N
A PR O F E S S I O N A L C O R P O R A T I O N 50 W. Sa n F e r n a n d o, 15th F lo o r Sa n Jose , C A 95113.2303 408. 99 8 . 41 5 0

[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL

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