Jacob et al v. Pride Transport, Inc.
Filing
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ORDER (1) GRANTING PRELIMINARY APPROVAL OF SETTLEMENT; (2) APPROVING CLASS NOTICE AND RELATED MATERIALS; (3) APPOINTING SETTLEMENT ADMINISTRATOR; AND (4) SCHEDULING FINAL APPROVAL HEARING (granting 20 ). Final Approval Hearing set for 2/22/2018 01:30 PM. Signed by Judge Beth Labson Freeman on 10/17/2017. (blflc1S, COURT STAFF) (Filed on 10/17/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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LINDA JACOB and
CASE NO. 5:16-CV-06781-BLF
CHRISTOPHER WATSON,
individuals, on behalf of themselves,
Assigned to: Hon. Beth Labson Freeman
and on behalf of all persons similarly
situated,
[PROPOSED] ORDER:
Plaintiffs,
(1) GRANTING PRELIMINARY
APPROVAL OF SETTLEMENT;
vs.
PRIDE TRANSPORT, INC., a
Corporation; Does 1 through 50,
Inclusive,
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Defendants.
(2) APPROVING CLASS NOTICE
AND RELATED MATERIALS;
(3) APPOINTING SETTLEMENT
ADMINISTRATOR; AND
(4) SCHEDULING FINAL
APPROVAL HEARING
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CASE NO. 5:16-CV-06781
PROPOSED ORDER
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On September 28, 2017, a hearing was held on the motion of Plaintiffs
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Linda Jacob and Christopher Watson (“Plaintiffs”) for preliminary approval of the
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parties’ proposed settlement (“Settlement”), approval of the class notice, and the
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setting of a date for the hearing on final approval of the settlement. Blumenthal,
Nordrehaug & Bhowmik appeared for Plaintiffs, and Littler Mendelson, P.C.
appeared for Defendant Pride Transport, Inc. (“Defendant”).
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The Court having read and considered the papers, the arguments of
counsel, and the law, IT IS ORDERED:
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This Order incorporates the defined terms in the Joint Stipulation of
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Class Action Settlement and Release (the “Agreement”) (Declaration of Norman
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Blumenthal [“Nordrehaug Decl.”], Exh. 1).
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2.
Pursuant to the Agreement, the following Class is conditionally
certified for settlement purposes: “All current and former truck drivers who are or
were employed as truck drivers by Defendant at any time during the period from
May 31, 2012, to December 28, 2016, who performed any work in California and
who were paid on the basis of activity-based work.”
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The parties’ Agreement is granted preliminary approval as it meets the
criteria for preliminary settlement approval. The Settlement falls within the range
of possible approval as fair, adequate and reasonable, and appears to be the product
of arm’s-length and informed negotiations and to treat all Class Members fairly.
Continued litigation would have been expensive for both sides.
The parties
acknowledge that litigating and trying this action may have resulted in delay of any
recovery, involved significant risk as to liability and certification, and led to
possible appeals. Class Counsel received the relevant information for the Class.
Plaintiffs have adequately demonstrated that the agreement to settle did not occur
until Class Counsel possessed sufficient information to evaluate the case and make
an informed decision about settlement.
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PROPOSED ORDER
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4.
The parties’ proposed notice plan is constitutionally sound because
individual notices will be mailed to all class members whose identities are known
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to the parties, and such notice is the best notice practicable. The parties’ proposed
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Notice of Pendency of Class Action and Claim Correction Form (“Notice”)
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attached to the Agreement as Exhibit A, sufficiently informs Class Members of the
terms of the Settlement, their rights under the Settlement, their rights to object to
the settlement, their right to receive an Individual Class Member Payment or elect
not to participate in the Settlement, and the processes for doing so, and the date and
location of the final approval hearing, and therefore are all approved. Class
Counsel will make the minor modifications to the Notice discussed and agreed
upon at the preliminary approval hearing to clarify that Class Members may
choose to opt out and bring individual actions at their own expense.
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5.
Any Class Member who does not submit a valid request for exclusion
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will receive an Individual Class Member Payment based upon the allocation
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formula in the Agreement.
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6.
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Any Class Member who wishes to comment on or object to the
Settlement, the attorneys’ fees and costs, and/or the proposed Class Representative
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Service Payments, or who elects not to participate in the Settlement has until 45
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days after the mailing of the Class Notice to submit his or her comment, objection,
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or request for exclusion in Settlement pursuant to the procedures set forth in the
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Class Notice. Class Counsel must file their application for the attorneys’ fees and
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costs no later than 14 days prior to the end of the objection period, and the
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application will be heard at the Final Approval Hearing
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7.
Simpluris is appointed to act as the Claims Administrator, pursuant to
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the terms set forth in the Settlement. Blumenthal, Nordrehaug & Bhowmik are
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approved as Class Counsel and Linda Jacob and Christopher Watson are approved
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as the representatives of the Class
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PROPOSED ORDER
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8.
Defendant is directed to provide the Claims Administrator the Class
Data as specified by the Agreement no later than 15 days after the date of this order.
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The Settlement Administrator is directed to mail the approved Class
Notice by first-class mail to the Class Members no later than 30 days after the date
of this order.
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A final hearing will be held on February 22, 2018, at 1:30 p.m., to
determine whether the Settlement should be granted final approval as fair,
reasonable, and adequate as to the Class Members.
The Court will hear all
evidence and argument necessary to evaluate the Settlement, and will consider the
request for approval of attorneys’ fees and costs and for approval of the Class
Representative Service Payments. Class Members and their counsel may support or
oppose the Settlement and the motion for an award of attorneys’ fees and costs and
the Enhancement Awards, if they so desire, as set forth in the Notice.
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Any Class Member may appear at the final approval hearing in person
or by his or her own attorney, and show cause why the Court should not approve
the Settlement, or object to the motion for an award of attorneys’ fees and costs and
the Service Awards. For any written comments or objections to be considered at
the hearing, the Class Member must file comments with the Clerk of Court and
serve on all counsel and describe the nature of the Class Member’s comments,
support or objection. Written comments or objections to the Settlement or to the
attorneys’ fees and costs must be filed with the Court and served on counsel not
later than 45 days after mailing of the Notice.
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The Court reserves the right to continue the date of the final approval
hearing without further notice to Class Members. The Court retains jurisdiction to
consider all further applications arising out of or in connection with the Settlement.
Dated: October 17, 2017__
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_________________________________
Hon. Beth Labson Freeman
U.S. District Court Judge
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PROPOSED ORDER
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