Khan v. Flextronics International USA, Inc.

Filing 28

ORDER re 26 MOTION for Preliminary Approval of Settlement. Final Approval of Settlement Hearing set for 11/5/2010 09:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 8/30/10. (dlm, COURT STAFF) (Filed on 9/1/2010)

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Khan v. Flextronics International USA, Inc. Doc. 28 1 MICHAEL L. TRACY, ESQ., SBN 237779 2 3 4 5 6 7 8 9 10 11 MOHD AYUB KHAN, an individual, on 12 of California Labor and Workforce MTRACY@MICHAELTRACYLAW.COM MEGAN ROSS HUTCHINS, ESQ., SBN 227776 MHUTCHINS@MICHAELTRACYLAW.COM LAW OFFICES OF MICHAEL TRACY 2030 Main Street, Suite 1300 Irvine, CA 92614 T: (949) 260-9171 F: (866) 365-3051 Attorneys for Plaintiff MOHD AYUB KHAN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No.: 5:09-cv-05155-JF ------------------[PROPOSED] ORDER behalf of himself and on behalf of The State General 13 Development Agency as a Private Attorney 14 15 16 vs. Plaintiff, FLEXTRONICS INTERNATIONAL USA, 17 INC., A CALIFORNIA CORPORATION; and DOES 1 through 10, inclusive, 18 19 20 21 Defendants. This matter coming before the Court on Joint Motion for Preliminary Approval of 22 Class Action Settlement Agreement (the "Preliminary Approval Motion"), and after review 23 and consideration of the Settlement Agreement, the papers in support of the Preliminary 24 Approval Motion, and the arguments of counsel, and having been fully advised in its 25 premises, IT IS HEREBY ORDERED as follows: 26 1. Pursuant to Rule 23 of the Federal Rules of Civil Procedure ("Rule 23") and 27 Section 216(b) of the Fair Labor Standards Act ("Section 216(b)"), the proposed Settlement 28 of this action, as embodied in the terms of the Settlement Agreement attached to the -1- [PROPOSED] ORDER 1 Preliminary Approval Motion, is hereby preliminarily approved as a fair, reasonable, and 2 adequate settlement of this case in the best interests of the Settlement Class, in light of the 3 factual, legal, practical, and procedural considerations raised by this case. The Settlement 4 Agreement is incorporated by reference into this Order and is hereby preliminarily adopted 5 as an Order of this Court. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Solely for the purpose of Settlement, and pursuant to Rule 23 and Section 216(b), the Court hereby preliminarily certifies the following Class: Plaintiff Mohd Ayub Khan and 26 other IT employees based in California and identified as 1. Bethancourt, Yvonne 2. Boewer, Georgiana 3. Bola, Gurpreet 4. Bondalapati, Padmalata 5. Celeste, Michael 6. Cervantes, Zoraida 7. Chiang, Shangwu 8. Crane, Edward 9. Dang, Dominic 10. Fitzgerald, Mark 11. Flowers, Benjamin 12. Frost, Nancy A 13. Gomez Zuazo, Glen 14. Khan, Mohd Ayub 15. Konopka, Caldonia 16. Lee, Jeffrey 17. Ly, Suong 18. Mutte, Nirmala 19. Ng, Lee-Chiang 20. Peronto, David Allen -2- [PROPOSED] ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21. Robillo, Albert 22. Romero, Richard 23. Tanhueco, Agnes 24. Tedesco, Michael 25. Wang, Andy 26. Wang, Pei-Yun 27. Webb, Benjamin who Defendant has agreed to reclassify as non-exempt upon final approval of this settlement agreement. 3. The Court finds that certification of the Settlement Class solely for purposes of Settlement is appropriate in that: (a) the Settlement Class Members are so numerous that joinder of all Settlement Class Members is impracticable; (b) there are questions of law and fact common to the Settlement Class which predominate over any individual questions; (c) claims of the named Plaintiff are typical of the claims of the Settlement Class; (d) the named Plaintiff and class counsel have fairly and adequately represented and protected the interests of the Settlement Class; and (e) a class action is superior to other available methods for the fair and efficient adjudication of the controversy. 4. The Court hereby preliminarily appoints the Plaintiff as Representative of the 19 Class and finds that he meets the requirements of Rule 23 and Section 216(b). 20 5. The Court preliminarily appoints the following lawyers as counsel to the 21 Settlement Class, and finds that counsel meets the requirements of Rule 23 and Section 22 216(b): 23 24 25 26 27 28 -3- MICHAEL TRACY MEGAN ROSS HUTCHINS LAW OFFICES OF MICHAEL TRACY 2030 Main Street, Suite 1300 Irvine, CA 92614 Telephone: (949) 260-9171 Facsimile: (866) 365-3051 [PROPOSED] ORDER 1 6. The Court finds that the Settlement Agreement's plan for class notice is the 2 best notice practicable under the circumstances and satisfies the requirements of due 3 process, Rule 23 and Section 216(b) . That plan is approved and adopted. This Court 4 further finds that the Notice of Class and Collective Action Settlement (the "Class Notice") 5 comply with Rule 23(c)(2) and Rule 23(e) and Section 216(b), are appropriate as part of the 6 Notice Plan, and are approved and adopted. 7 7. Within 21 days after it receives actual or constructive notice of the entry of 8 this order, Defendant shall send the Initial Mailing--including the Class Notice and Opt-out 9 Form--to each individual in the Class. The Class Notice will be mailed via first class mail. 10 11 8. 9. The Court finds and orders that no other notice is necessary. To effectuate the settlement, the Court hereby establishes the following 12 deadlines and dates for the acts and events set forth in the Settlement Agreement, and 13 directs the parties to incorporate the deadlines and dates in the Notice and required forms: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Deadline for Defendants to provide to Claims Administrator a database of all putative Class Members, including names, job titles, last known addresses, and social security numbers Deadline for mailing of Class notices by Claims Administrator Last day for Class Members to submit claim forms or opt out of the Settlement or to submit written objections to the Settlement Last day for the Claims Administrator to submit a list of timely, non-fraudulent claims to Defendants and the amount to be paid to each claimant Within 5 days after preliminary Court approval Within 10 days after receipt of the database information from Defendant Within 60 days after the date of initial mailing of Class Notice 10 days after the expiration of the Opt Out deadline Last day for filing and service of moving papers 30 days after the last day for in support of final settlement approval and the Claims Administrator to request for attorneys' fees and costs submit a list of timely, nonfraudulent claims forms to Defendant and the amount to be paid to each Last day for Defendants to provide the Court At least 15 days prior to the with a declaration by the Claims Administrator final Settlement approval specifying the due diligence it has undertaken hearing with regard to the mailing of the notice -4- [PROPOSED] ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Final Settlement approval hearing No earlier then 60 days following entry of Court's preliminary approval. No later than 30 days after filing of notice of moving papers in support of final settlement approval 30 days following the Effective Settlement Date 14 calendar days following the Effective Settlement Date Last day for Defendant to mail payments to the Class Members who have timely filed claim forms Last day for Defendant to mail payment for attorneys' fees and costs to Class Counsel 10. The fairness hearing and hearing for Final Approval set forth in the Notice is November 5, 2010 hereby scheduled for ___________________ IT IS SO ORDERED. DATED: -----July___, 2010 Hon. JEREMY FOGEL. UNITED STATES DISTRICT JUDGE August 30 -5- [PROPOSED] ORDER

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