Villa v. United Site Services of California, Inc

Filing 170

ORDER CONTINUING HEARING ON MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT (lhklc4, COURT STAFF) (Filed on 10/23/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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NELSON GONZALEZ VILLA, on behalf of
himself and all others similarly situated,

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Plaintiff,
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v.
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UNITED SITE SERVICES OF CALIFORNIA, )
INC.,
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Defendant.
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Case No.: 12-CV-00318-LHK
ORDER CONTINUING HEARING ON
MOTION FOR PRELIMINARY
APPROVAL OF SETTLEMENT

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The Court held a hearing on the parties’ Joint Motion for Preliminary Approval of

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Settlement, ECF No. 167, on October 23, 2013. This hearing is hereby CONTINUED to

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November 26, 2013, at 2 p.m. The Court shall defer ruling on the Joint Motion for Preliminary

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Approval until that time.

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There are several revisions the parties shall make before the Court preliminarily approves

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the class settlement. Among the revisions, the parties shall:

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1) Clarify which forms go to which Class Member;

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2) Clarify and simplify the forms;

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3) Define “Rule 23 class” in the Stipulation of Settlement;

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Case No.: 12-CV-00318-LHK
ORDER CONTINUING HEARING ON MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

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4) In defining “Opt-in Plaintiff” in the Stipulation of Settlement, include the class the

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Court conditionally certified for collective action under FLSA §216(b) on November

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13, 2012, ECF No. 120, with the qualification that the class member opted in;

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5) Appoint a third party as the Settlement Administrator;

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6) Ensure that the retention periods are consistent throughout and within all the documents;

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7) Clarify what Rule 23 Class Members and Opt-in Plaintiffs must do to obtain their

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United States District Court
For the Northern District of California

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Settlement Share;
8) Clarify whether Rule 23 Class Members and Opt-in Plaintiffs have 30 or 60 days to
mail their forms to approve the Settlement, object to the Settlement, or opt out of the
Settlement;
9) Ensure that the operative date is when the Class Member mails the forms, not when the
Settlement Administrator receives the forms;
10) Clarify in the Stipulation of Settlement whether the notice is attached as Exhibit A, B,

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and/or D. In Stipulation of Settlement V.B.1, it provides that “the Settlement

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Administrator . . . will mail . . . the Notice attached as Exhibit B and D to all Opt-Ins

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and Rule 23 Settlement Class Members[.]” However, under “Definitions,” “Notice” is

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attached as Exhibit A. Stipulation of Settlement I.K; and

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11) Translate the Stipulation of Settlement, Notice, and related forms in Spanish.

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Accordingly, the parties shall file revised Stipulation of Settlement, Notice, and related

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forms by November 8, 2013.
Further, although this issue was not raised during the hearing, the Court is skeptical of

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attorney’s fees requests that are vastly greater than the class members’ recovery.

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IT IS SO ORDERED.

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Dated: October 23, 2013

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_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-00318-LHK
ORDER CONTINUING HEARING ON MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT