Trujillo et al v. Ametek, Inc. et al

Filing 179

ORDER Granting Unopposed 178 Motion Order (1) Granting Preliminary Approval of Class Action Settlement, (2) Certifying Settlement Class, (3) Appointing Class Representatives and Class Counsel, (4) Approving Notice Plan, and (5) Setting Final App roval Hearing. All pretrial and trial proceedings and deadlines are stayed and suspended until further notice from the Court. Fairness Hearing set for 8/24/2020 at 11:30 AM before Chief Judge Larry Alan Burns. Signed by Chief Judge Larry Alan Burns on 4/13/20. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DANIELLE TRUJILLO, as Guardian Ad
Litem for KADEN PORTER, a minor, on
behalf of himself and others similarly
situated; LACEY MORALES, as Guardian
Ad Litem for ISABEL MORALES., a
minor, on behalf of herself and others
similarly situated; BEVERLY HOY, on
behalf of herself and all others similarly
situated;
Plaintiffs,
v.
AMETEK, INC., a Delaware corporation;
SENIOR OPERATIONS, LLC, a limited
liability company; THOMAS DEENEY;
and DOES 2 through 100, inclusive,
Defendants.

Case No.: 3:15-cv-01394-GPC-AGS
ORDER GRANTING UNOPPOSED
MOTION FOR ORDER (1)
GRANTING PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT, (2) CERTIFYING
SETTLEMENT CLASS, (3)
APPOINTING CLASS
REPRESENTATIVES AND CLASS
COUNSEL, (4) APPROVING
NOTICE PLAN, AND (5) SETTING
FINAL APPROVAL HEARING

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Currently before the Court is Plaintiffs Danielle Trujillo, as Guardian Ad Litem for

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Kaden Porter; Lacey Morales, as Guardian Ad Litem for Isabel Morales; and Beverly

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Hoy’s (“Plaintiffs”) unopposed motion for preliminary approval of class settlement and

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provisional settlement class certification under Rule 23 of the Federal Rules of Civil

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Procedure. Given the Court’s familiarity with this settlement,1 the Court finds the matter

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Following a referral from Hon. Gonzalo P. Curiel, the undersigned held a settlement
conference on September 20, 2019 that resulted in a global settlement of four related
actions (15cv1394; 15cv1525; 17cv597; 19cv1361). The parties consented to the
undersigned retaining jurisdiction to approve class settlements and to resolve disputes
related to those settlements. The undersigned is familiar with the factual background of
these cases and the terms of the settlement.
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suitable for disposition without oral argument and VACATES the hearing currently set

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for June 8, 2020.

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Agreement and Release (“Settlement Agreement”).

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findings below, the Court finds good cause to grant the motion.2

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1.

Based on that review and the

FINDINGS:

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This Court has reviewed the motion, including the Settlement

The Settlement Agreement appears to be the product of serious, informed,

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non-collusive negotiations and falls within the range of possible approval as fair,

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reasonable and adequate. See In re Tableware Antitrust Litig., 484 F. Supp. 2d 1078,

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1079 (N.D. Cal. 2007) (granting preliminary approval where the settlement “appears to

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be the product of serious, informed, non-collusive negotiations, has no obvious

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deficiencies, does not improperly grant preferential treatment to class representatives or

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segments of the class, and falls within the range of possible approval”). This settlement

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was the result of three separate settlement conferences, two held by Magistrate Judge

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Andrew Schopler in January and March 2019 and one held by the undersigned in

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September 2019. Each party was represented at those conferences by sophisticated and

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zealous counsel, and the final settlement agreement reflects hard-won concessions by all

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sides.

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2.

The Full Notice, U.S. Mail Notice, Publication Notices, and Claim Form

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(attached to the Settlement Agreement), and their manner of transmission, comply with

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Rule 23 and due process because the notices and forms are reasonably calculated to

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adequately apprise class members of (i) the pending lawsuit, (ii) the proposed settlement,

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and (iii) their rights, including the right to either participate in the settlement, exclude

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themselves from the settlement, or object to the settlement.

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Capitalized terms in this Order, unless otherwise defined, have the same definitions as
those terms in the Settlement Agreement.
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IT IS ORDERED THAT:

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1.

Settlement Approval. The Settlement Agreement, including the Detailed

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Notice, Short Form Notice, U.S. Mail Notice, Publication Notices, and Claim Form are

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preliminarily approved.

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2.

Provision of Class Notice. Defendants shall notify Class Members of the

settlement in the manner specified under Section 20 of the Settlement Agreement.
3.

Claim for Settlement Benefits.

Class Members who want to receive

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settlement benefits under the Settlement Agreement must accurately complete and deliver

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the Claim Form to the Claims Administrator consistent with Sections 28, 29.2, and 29.2.1

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of the Settlement Agreement, and in no event later than two years after entry Final

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Approval in this matter by the Court, as set forth in Section 23 of the Settlement

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Agreement.

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4.

Objection to Settlement. Class Members who have not submitted a timely

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written exclusion request pursuant to paragraph 6 below and who want to object to the

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Settlement Agreement must deliver a written objection to the Claims Administrator no

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later than thirty (30) calendar days before the Final Approval Hearing. The delivery date

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is deemed to be the date the objection is deposited in the U.S. Mail as evidenced by the

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postmark. The objection must include: (a) the name and case number of the Action

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“Trujillo v. Ametek, Inc., Case No. 15-cv-01394”; (b) the full name, address, and

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telephone number of the person objecting (email address is optional); (c) the name,

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address, and telephone number of any counsel representing the person objecting (email

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address is optional); (d) the words “Notice of Objection” or “Formal Objection”; (e) facts

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showing that the person objecting is a class member; and (f) in clear and concise terms,

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the objection and legal and factual arguments supporting the objection. The written

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objection must be signed and dated, and must include the following language

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immediately above the signature and date: “I declare under penalty of perjury under the

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laws of the United States of America that the foregoing statements regarding class

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membership are true and correct to the best of my knowledge.” Any Class Member who
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submits a written objection, as described in this paragraph, may appear at the Fairness

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Hearing, either in person or through personal counsel hired at the Class Member’s

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expense, to object to the Settlement Agreement.

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intending to make an appearance at the Fairness Hearing, however, must include on the

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timely and valid written objection a statement substantially similar to “Notice of Intention

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to Appear.” If the objecting Class Member intends to appear at the Fairness Hearing

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through counsel, he or she must also identify the attorney(s) representing the objector

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who will appear at the Fairness Hearing and include the attorney(s) name, address, phone

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number, e-mail address, and the state bar(s) to which counsel is admitted. If the objecting

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Class Member intends to request the Court to allow the Class Member to call witnesses at

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the Fairness Hearing, such request must be made in the Class Member’s written

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objection, which must also contain a list of any such witnesses and a summary of each

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witness’s expected testimony.

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objections including Notices of Intention to Appear may speak at the Fairness Hearing. If

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a Class Member makes an objection through an attorney, the Class Member will be

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responsible for his or her personal attorney’s fees and costs. The objection will not be

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valid if it only objects to the lawsuit’s appropriateness or merits.

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5.

Class Members or their attorneys

Only Class Members who submit timely written

Failure to Object to Settlement. Class Members who fail to object to the

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Settlement Agreement in the manner specified above will: (1) be deemed to have waived

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their right to object to the Settlement Agreement; (2) be foreclosed from objecting

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(whether by a subsequent objection, intervention, appeal, or any other process) to the

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Settlement Agreement; and (3) not be entitled to speak at the Fairness Hearing.

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6.

Requesting Exclusion. Class Members who want to be excluded from the

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settlement must send a letter or postcard to the Claims Administrator stating: (a) the name

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and case number of the Action “Trujillo v. Ametek, Inc., Case No. 15-cv-01394”; (b)

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certify in accordance with 28 U.S.C. § 1746, under penalty of perjury, that the filer has

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been legally authorized to exclude the Class Member from the Settlement and provide an

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affidavit or other proof of the Class Member’s standing; (c) provide the filer’s name,
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address, telephone and facsimile number and email address (if available); (d) provide the

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Class Member’s name, address, telephone number, and e-mail address (if available), and

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(c) a statement that the person does not wish to participate in the Settlement, postmarked

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no later than thirty (30) calendar days before the Final Approval Hearing.

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7.

Provisional Certification for Settlement Purposes.

For purposes of

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settlement the Class is provisionally certified as: “Every person who: 1) attended

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Magnolia Elementary School as a student for one or more school years between January

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1, 1963, and April 13, 2020; and/or 2) worked as staff at Magnolia Elementary School for

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one or more school years between January 1, 1963, and April 13, 2020.” Excluded from

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the Class is any individual who has independently settled or resolved any claims related

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to exposure to contaminants emanating from the Former Ametek Facility with any

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Defendant in the Trujillo Action, and specifically including any person who has settled or

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resolved claims directly with Ametek, Inc., Senior Operations LLC, or any of

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Defendants’ present, former and future parents, subsidiaries, divisions, affiliates,

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stockholders, benefit plans, officers, directors, employees, joint ventures, members,

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domestic and foreign corporations, attorneys, insurers, agents and any of their legal

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representatives, and the predecessors, heirs, executors, administrators, successors and

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assigns of the same.

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8.

Conditional Appointment of Class Representative and Class Counsel.

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For purposes of settlement, Plaintiffs Danielle Trujillo, as Guardian Ad Litem for Kaden

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Porter; Lacey Morales, as Guardian Ad Litem for Isabel Morales; and Beverly Hoy are

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conditionally certified as the Class Representatives to implement the Parties’ settlement

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in accordance with the Settlement Agreement. For purposes of settlement, the law firms

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of Baron and Budd and Gomez Trial Attorneys are conditionally appointed as Class

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Counsel for settlement purposes. Plaintiff and Class Counsel must fairly and adequately

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protect the Class’s interests.

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Termination. If the Settlement Agreement terminates for any reason, the

following will occur: (a) Class Certification for settlement purposes will be automatically
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vacated; (b) Plaintiffs will revert to their prior status as non-settlement Class

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representatives; (c) Plaintiffs’ counsel will stop functioning as settlement Class Counsel,

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but will revert to their prior status as non-settlement Class counsel; and (d) this action

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will revert to its previous status in all respects as it existed on September 23, 2019. This

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Order will not waive or otherwise impact the Parties’ rights or arguments regarding class

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certification or any trial of any claims.

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10.

No Admissions. Nothing in this Order is, or may be construed as, an

admission or concession on any point of fact or law by or against any Party.
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Stay of Dates and Deadlines.

All pretrial and trial proceedings and

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deadlines are stayed and suspended until further notice from the Court, except for such

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actions as are necessary to implement the Settlement Agreement and this Order.

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12.

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U.S.C. §1715(b).

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13.

CAFA Notice. The Court finds that Defendants have complied with 28

Fairness Hearing. On August 24, 2020, at 11:30 a.m., this Court will hold

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a Fairness Hearing to determine whether the Settlement Agreement should be finally

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approved as fair, reasonable, and adequate. Based on the date of this Order and the date

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of the Fairness Hearing, the following are the dates associated with this Settlement:

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Event

Timing

Preliminary Approval Granted

Day 1

Class Settlement Website
Activated
Notice First Published in Print
Sources

On or before Day 15

Date

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Class Counsel to File Motion
for Attorney’s Fees and Costs
and Incentive Awards

Day 30 or as soon as
reasonably possible after
Order Granting Preliminary
Approval
45 days before Final
Approval Hearing

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Event

Timing

Last Day to Postmark or
Submit Objection or Request
for Exclusion Online
Parties to File Motion for Final
Approval
Parties to Respond to Objectors

30 days before Final
Approval Hearing

Date

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30 days before Final
Approval Hearing
14 days before Final
Approval Hearing

Final Approval Hearing

August 24, 2020,
subject to Court
availability

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Last Day for Claimants to
Participate in Settlement

2 years after the date of the
Final Approval Order

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This Court may order the Fairness Hearing to be postponed, adjourned, or

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continued. If that occurs, the updated hearing date shall be posted on the Settlement

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Website, but other than the website posting, Defendants will not be required to provide

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any additional notice to Class Members.

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IT IS SO ORDERED.

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Dated: April 13, 2020

__________________________________
Hon. Larry Alan Burns
Chief United States District Judge

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