Dittmar v. Costco Wholesale Corporation et al

Filing 153

ORDER Granting Preliminary Approval of Class Action Settlement. The Court grants the parties' 147 motion for preliminarily approval of the class action settlement with Costco subject to the findings within this order. Signed by Judge Larry Alan Burns on 8/14/2017. (All non-registered users served via U.S. Mail Service)(lrf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA
PAULA DITTMAR, et al.,

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CASE NO. 14cv1156-LAB (JLB)
Plaintiffs,

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vs.

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COSTCO WHOLESALE CORPORATION,

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ORDER GRANTING PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT

Defendant.

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The Court grants the parties’ motion for preliminarily approval of the class action
settlement with Costco subject to the following findings:

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1. The Settlement Agreement (Dkt. 147-2) is preliminarily approved as it appears fair,

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reasonable, and adequate. Fed. R. Civ. P. 23. Class counsel has provided the Court with

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enough information to find that settlement is in the best interest of everyone involved.

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2. The Settlement Class is conditionally certified for settlement purposes only and shall consist

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of all pharmacists and pharmacy managers employed in a California warehouse by

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Defendant at any time during the period from April 3, 2010, through August 14, 2017.

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3. The Settlement protects the rights of any members who object to the terms. Objectors may

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exclude themselves from the Settlement and file any claims they have against Defendant, or

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they may object to the Settlement and voice their concerns at the final approval hearing. But

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any class members who fail to follow the procedures outlined in the Settlement and Class

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Notice will waive their right to make any objections to the Settlement.

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4. The Court appoints Marjan Ataipour and Brian Kim as Class Representatives fit to represent
the Class.
5. The Court appoints Capstone Law APC; Gartenberg Gelfand, Hayton LLP; and Caskey &
Holzman as Class Counsel. Counsel have the requisite experience handling class actions.

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6. The Court appoints CPT Group, Inc. as the Settlement Administrator.

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7. The Court approves the proposed Class Notice as a reasonable method of alerting Class

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Members that satisfies due process. The Class Notice shall be sent to Class Members in

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accordance with the schedule below and the procedure laid out in the Settlement.

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8. The schedule below sets the key dates for final approval of the Settlement:

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Date
August 24, 2017

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Event
Last day for Defendant to produce the Class
List to the Settlement Administrator.

September 4, 2017
(Or not later than 10 days after Defendants
produce the Class List to the Settlement
Administrator.)

Last day for the Settlement Administrator to
mail the Class Notice to all Class Members.

October 12, 2017
(Or at least 7 days before the Response
Deadline.)

Last day for Plaintiffs to file the Motion for
Attorneys’ Fees, Costs, and Class
Representative Enhancement Payments.

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October 19, 2017
Last day for Class Members to submit
(Or not later than 45 days after the Settlement Requests for Exclusion or objections to the
Settlement.
Administrator mails the Class Notice.)
November 3, 2017

Last day for Plaintiffs to file the Motion for
Final Approval of Class Action Settlement.

December 4, 2017

Hearing on Motion for Final Approval of Class
Action Settlement and Motion for Attorneys’
Fees, Costs, and Class Representative
Enhancement Payments.

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9. The Settlement provided for continuing jurisdiction of the “Court.” (Dkt. 147-2 at ¶ 64.) The

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parties don’t need to change that provision, but must file a consent to continuing jurisdiction

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by a magistrate judge signed by both parties and counsel. Standing Order § 3.

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10. The Court advises Class Counsel to read Staton v. Boeing Co., 327 F.3d. 938 (9th Cir.

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2003) and In re Bluetooth Headset Prod. Liab. Litig., 654 F.3d 935 (9th Cir. 2011) to ensure

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that their motions for fees and enhanced awards complies with these cases.

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IT IS SO ORDERED.
Dated: August 14, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge

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