Robert Heath v. Google Inc.

Filing 428

Joint MOTION for Settlement - Motion for Final Approval of Collective Action Settlement Agreement filed by Cheryl Fillekes. Motion Hearing set for 12/5/2019 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 8/2/2019. Replies due by 8/9/2019. (Attachments: # 1 Declaration of Cheryl Fillekes, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Proposed Order)(Low, Daniel) (Filed on 7/19/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT HEATH, on behalf of himself

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and

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CHERYL FILLEKES, on behalf of herself and
others similarly situated,

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Plaintiffs,
v.

Case No. 5:15-cv-01824-BLF
[PROPOSED] ORDER GRANTING JOINT
MOTION FOR FINAL APPROVAL OF
COLLECTIVE ACTION SETTLEMENT
AGREEMENT
Hon. Beth Labson Freeman

GOOGLE LLC, a Delaware limited liability
company,

Complaint Filed: April 22, 2015

Defendant.

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Case No. 5:15-cv-01824-BLF
[PROPOSED] ORDER GRANTING JOINT MOTION FOR FINAL APPROVAL OF COLLECTIVE ACTION
SETTLEMENT AGREEMENT

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[PROPOSED] ORDER GRANTING JOINT MOTION FOR FINAL APPROVAL OF
COLLECTIVE ACTION SETTLEMENT AGREEMENT

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Based on the Joint Motion of the parties, and for good cause shown, the Court approves the

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Collective Action Settlement Agreement as fair, reasonable, and adequate and approves the terms of

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this Settlement Agreement, and orders as follows:

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•

Google shall pay into the trust fund controlled by the claims administrator for the

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benefit of Plaintiff Fillekes and the Opt-In Plaintiffs the amount of $11,000,000, to

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be paid within 20 business days;

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•

Plaintiff Cheryl Fillekes shall be paid an incentive award of $10,000;

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•

Collective Counsel are awarded fees of $2,750,000, and expenses of $174,348.98;

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•

Google shall perform the programmatic relief described in the Settlement Agreement;

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•

Those Collective Members who failed to timely return an Acknowledgement and

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Consent form – namely those listed in sealed Exhibit 4 – are excluded from

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participation in the Settlement, their claims are hereby dismissed without prejudice,

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and the statute of limitations on their claims shall resume running for their individual

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claims as of today’s date;

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•

This action and the claims in this action of Plaintiff Fillekes and those Opt-Ins who

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are participating in the Settlement are hereby dismissed with prejudice, and Plaintiff

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Fillekes and those Opt-Ins are enjoined and permanently barred from commencing,

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prosecuting, or maintaining, either directly, representatively, or in any other capacity,

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any claim that is released and barred by or subsumed within the Settlement

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Agreement.

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This Court shall have continuing jurisdiction to enforce the Settlement Agreement.

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Dated:
UNITED STATES DISTRICT JUDGE

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39261969.2

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Case No. 5:15-cv-01824-BLF

[PROPOSED] ORDER GRANTING JOINT MOTION FOR FINAL APPROVAL OF COLLECTIVE ACTION
SETTLEMENT AGREEMENT