Jacob et al v. Pride Transport, Inc.

Filing 38

ORDER GRANTING FINAL APPROVAL TO CLASS ACTION SETTLEMENT AND ENTERING FINAL JUDGMENT. Signed by Judge Beth Labson Freeman on 3/21/2008. (blflc1S, COURT STAFF) (Filed on 3/21/2018)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
LINDA JACOB and
CASE NO. 5:16-CV-06781-BLF
CHRISTOPHER WATSON,
Assigned to: Hon. Beth Labson Freeman
individuals, on behalf of themselves,
and on behalf of all persons similarly
situated,
[PROPOSED] ORDER:
Plaintiffs,
(1) GRANTING FINAL APPROVAL
TO CLASS ACTION
vs.
SETTLEMENT; AND
(2) ENTERING FINAL JUDGMENT
PRIDE TRANSPORT, INC., a
Corporation; Does 1 through 50,
Inclusive,
Judge:
Hon. Beth Labson Freeman
Courtroom:
3 - 5th Floor
Defendants.

Hearing Date: February 22, 2018
Hearing Time: 1:30 p.m.

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CASE NO. 5:16-CV-06781

ORDER

On February 22, 2018, the Court heard the motion by Plaintiffs Linda Jacob

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and Christopher Watson (“Plaintiffs”) for final approval of their class settlement

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(the “Settlement”). Having considered the Joint Stipulation of Class Action

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Settlement and Release (the “Agreement”)1 and all papers filed and proceedings

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had here, the Court grants the motion for final approval and the motion for

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attorneys’ fees and costs.

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IT IS HEREBY ORDERED that:

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1.

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The Parties have submitted their Settlement, which this Court

preliminarily approved by its Order dated October 17, 2017 (ECF 28) (the

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“Preliminary Approval Order”). In accordance with the Preliminary Approval

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Order, Class Members have been given notice of the terms of the Settlement and

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the opportunity to comment on or object to it or to exclude themselves from its

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provisions.
2.

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The Court has jurisdiction over this Action and the Settlement

pursuant to 28 U.S.C. sections 1132(a) and 1332(d).
3.

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In the Order dated October 17, 2017, this Court certified the Class for

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settlement purposes, and now confirms certification of the Class, which is defined

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as in the Agreement as: “All current and former truck drivers who are or were

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employed as truck drivers by Defendant at any time during the period from May 31,

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2012, to December 28, 2016, who performed any work in California and who were

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paid on the basis of activity-based work.”
4.

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Pursuant to the Preliminary Approval Order, the Notice of Class

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Action Settlement was sent to each class member by first-class mail. The Notice of

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Class Action Settlement informed Class Members of the terms of the Settlement,

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their right to receive a Settlement Payment, their right to comment on or object to

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the Settlement and/or Class Counsel’s attorneys’ fees and costs, their right to elect

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Except as otherwise specified herein, for purposes of this Final Approval Order, the Court
adopts all defined terms set forth in the Agreement.
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CASE NO. 5:16-CV-06781

ORDER

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not to participate in the Settlement and pursue their own remedies, and their right to

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appear in person or by counsel at the final approval hearing and be heard regarding

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approval of the Settlement. Adequate periods of time were provided by each of

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these procedures.

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5.

The Court finds and determines that this notice procedure afforded

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adequate protections to class members and provides the basis for the Court to make

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an informed decision regarding approval of the settlement based on the responses of

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class members. The Court finds and determines that the notice provided in this case

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was the best notice practicable, which satisfied the requirements of law and due

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process.

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6.

The Pursuant to the Class Action Fairness Act, 28 U.S.C. § 1711 et

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seq. (“CAFA”), Defendant served upon the Attorney General of the United States

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and the appropriate state official of each state in which a Class Member resides a

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notice of the Settlement consisting of: a copy of the pleadings in this action; a

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notice of the scheduled judicial hearings in this action; copies of the Settlement and

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Notice of Class Action Settlement; and the names of Class Members who reside in

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each state and the estimated proportionate share of the Class Members in each state

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compared to the entire Settlement. The notice of Settlement also invited comment

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on the Settlement. This Final Approval Order is not being issued earlier than ninety

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days after the later of the dates on which the appropriate federal and state officials

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were served with the notice of the Settlement. Accordingly, the Court finds that

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Defendant has discharged its obligations under CAFA to provide notice to the

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appropriate federal and state officials.

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7.

No Class Members filed written objections to the proposed settlement

as part of this notice process.
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For the reasons stated in the Preliminary Approval Order, the Court

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finds and determines that the terms of the Settlement are fair, reasonable and

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adequate to the class and to each class member and that the class members who
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ORDER

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have not opted out will be bound by the Settlement, that the Settlement is

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ORDERED finally approved, and that all terms and provisions of the Settlement

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should be and hereby are ORDERED to be consummated.

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The Court finds and determines that the Settlement Payments to be

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paid to the Class as provided for by the Settlement are fair and reasonable. The

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Court HEREBY ORDERS the payment of those amounts be made to the Class in

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accordance with the Agreement.

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10.

The Court finds and determines that payment to the California Labor

and Workforce Development Agency of $3,562.50 as its share of the settlement of

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civil penalties in this case is fair, reasonable, and appropriate. Plaintiffs have

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provided notice of this Settlement to the California Labor and Workforce

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Development Agency and no objection has been received in response. The Court

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HEREBY ORDERS that the payment of that amount be paid out of the Gross

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Settlement Amount in accordance with the Agreement.

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11.

The Court finds and determines that the fees and expenses of Simpluris

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in administrating the settlement, in the amount of $25,000, are fair and reasonable.

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The Court HEREBY ORDERS that the payment of that amount be paid out of the

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Gross Settlement Amount in accordance with the Agreement.

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12.

The Court finds and determines that the request by Plaintiffs and Class

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Counsel for an award of the Enhancement Awards and the Class Counsel attorneys’

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fees and costs are fair and reasonable. The Court HEREBY ORDERS that the

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payment of the requested amounts be paid out of the Gross Settlement Amount in

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accordance with the Agreement.

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13.

Nothing in this order shall preclude any action to enforce the Parties’

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obligations under the Settlement or under this order, including the requirement that

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Defendant make payment in accordance with the Agreement.

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14.

If, for any reason, the Settlement ultimately does not become Final (as

defined by the Settlement), this Final Approval Order will be vacated; the Parties
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ORDER

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will return to their respective positions in this action as those positions existed

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immediately before the Parties executed the Settlement; and nothing stated in the

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Settlement or any other papers filed with this Court in connection with the

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Settlement will be deemed an admission of any kind by any of the Parties or used as

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evidence against, or over the objection of, any of the Parties for any purpose in this

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action or in any other action.

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15.

The Parties entered into the Settlement solely for the purpose of

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compromising and settling disputed claims. Defendant in no way admits any

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violation of law or any liability whatsoever to Plaintiffs and the Class, individually

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or collectively, all such liability being expressly denied by Defendant.
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The Court HEREBY ENTERS FINAL JUDGMENT in this Action, as

defined in Rule 58(a)(1), Federal Rules of Civil Procedure.
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Without affecting the finality of this Final Approval Order in any way,

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the Court retains jurisdiction of all matters relating to the interpretation,

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administration, implementation, effectuation and enforcement of this order and the

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Settlement.

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The Civil Action is HEREBY DISMISSED with prejudice. Except for

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the one member of the Class (Gil Jose) who submitted a valid request for exclusion,

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the Released Claims of the Class Members and the Plaintiffs are released in

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accordance with the Agreement and these Class Members are barred from

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prosecuting any of the Released Claims against any Released Parties.

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19.

The Parties are HEREBY ORDERED to comply with the terms of the

Agreement.
IT IS SO ORDERED AND ADJUDGED.
Dated: ______________

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_________________________________
HON. BETH LABSON FREEMAN
U.S. District Court Judge

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ORDER