Carlson et al v. Fedex Ground Package Systems, Inc.
Filing
281
FINAL JUDGMENT: The Court grants 271 Motion for Attorney Fees; grants 276 Motion for Approval of Settlement. This case is dismissed with prejudice, and the Clerk is directed to close this case. Signed by Judge Susan C Bucklew on 7/15/2016. (Attachments: # 1 Exhibit Settlement Class) (JD)
IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DONALD E. CARLSON, et al.,
Plaintiffs,
V.
FEDEX GROUND PACKAGE
SYSTEM, INC.,
Defendant.
:
:
:
:
:
:
:
:
:
:
:
Case No.: 8:05-cv-1380-T-24-TGW
ORDER AND JUDGMENT GRANTING
FINAL APPROVAL TO CLASS ACTION SETTLEMENT, AWARD OF
ATTONEYS’ FEES AND EXPENSES, AND INCENTIVE AWARDS
This matter came before the Court on Plaintiffs’ Unopposed Motion for Final Approval
of Class Settlement (Doc. No. 276) and Plaintiffs’ Unopposed Motion to Approve Attorneys’
Fees, Costs, and Service Awards (Doc. No. 271). The Court held a hearing on July 15, 2016 to
consider final approval of the proposed Settlement reached by and between Plaintiffs Donald
Carlson, Sheree Harting, Charles House, David R. Mosher, Stephen Renberg, and Troy Upman
(collectively, the “Plaintiffs”), on behalf of themselves and the Certified Class, and Defendant
FedEx Ground Package System, Inc. (“FXG”), the terms of which Settlement are set forth in the
Class Action Settlement Agreement (the “Settlement Agreement”) attached as Exhibit 1 to
Document Number 277. This Court has reviewed and considered all documents, evidence, and
the arguments presented in support of or against the Settlement. Good cause appearing therefore,
this Court hereby grants final approval of the Settlement, grants both motions, and enters this
Judgment.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
1.
Unless otherwise stated herein, all capitalized terms contained in this Order and
Judgment shall have the same meaning and effect as stated in the Settlement Agreement (in
addition to any capitalized terms defined herein).
2.
This Court hereby approves the Settlement and finds the Settlement is, in all
respects, fair, reasonable, and adequate and hereby directs the Parties to perform, or cause to be
performed, the remaining terms of the Settlement as set forth in the Settlement Agreement. The
Court authorizes the payment by the Settlement Administrator, of Valid Claims approved by the
Settlement Administrator, in accordance with the terms of the Settlement Agreement.
3.
This Court hereby dismisses with prejudice this action, specifically including the
Released Claims, with each party to bear its own costs and attorney’s fees, except as provided in
Paragraph 9 below.
4.
Upon the entry of this Final Approval Order, Plaintiffs and all Class Members
shall be deemed to have fully, finally, and forever released, relinquished, and discharged all
Released Claims against all Releasees. As set forth in the Settlement Agreement, which is
incorporated by reference herein, the “Released Claims,” as to Plaintiffs and all Class Members
means all claims, actions, causes of action, administrative claims, demands, debts, damages,
penalties, costs, interest, attorney’s fees, obligations, judgments, expenses, or liabilities, in law or
in equity, whether now known or unknown, contingent or absolute, except as specifically
provided below, which: (i) are owned or held by Plaintiff and Class Members and/or by their
affiliated business entities (if any), or any of them, as against Releasees, or any of them; and (ii)
arise under any statutory or common law claim which was asserted in Plaintiffs’ operative
Complaint or, whether or not asserted, which could have been asserted in this action arising out
2
of the factual allegations set forth in the operative complaint and that are related to, or arise from,
the employment classification of the Class and/or the payment of overtime.
5.
Upon the entry of this Final Approval Order, Plaintiffs and all Class Members (as
identified in Exhibit A hereto) are barred and enjoined from asserting, filing, maintaining, or
prosecuting, or in any way participating in the assertion, filing, maintenance or prosecution, of
any action asserting any Released Claim against any of the Releasees, as set forth in and in
accordance with the terms of the Settlement Agreement. Nothing herein shall in any way impair
or restrict the right of the Parties to enforce the terms of the Settlement.
6.
This Court finds that the administration of the Settlement Notice was performed
in accordance with the Preliminary Approval Order entered by this Court on January 13, 2016
(Doc. No. 268), and that such notice was reasonable, constituted the most practicable notice
under the circumstances, and complied with the requirements of the Federal Rules of Civil
Procedure and due process.
7.
This Court finds that the administration of the notice required by the Class Action
Fairness Act ("CAFA"), 28 U.S.C. § 1715, was performed in accordance with the Preliminary
Approval Order entered by this Court on January 13, 2016 (Doc. No. 268) and with the
requirements of CAFA.
8.
There have been no objections made to this Settlement or Plaintiffs’ Counsel’s fee
and expense request.
9.
This Court hereby approves the attorneys' fees requested by Class Counsel in the
amount of $3,900,000 and directs payment from the Class Settlement Fund of that amount to
3
Class Counsel, in accordance with the terms of the Settlement Agreement. The Court also
approves the post-remand expenses in the amount of $121,433.23.1
10.
The Court hereby approves the Incentive Award of $15,000 each to Donald
Carlson, Sheree Harting, Charles House, David R. Mosher, Stephen Renberg, and Troy Upman
and directs payment of that amount from the Class Settlement Fund to them, in accordance with
the terms of the Settlement Agreement.
11.
The settlement distribution shall be as follows: the net Settlement fund of
$8,882,742 shall be distributed pro-rata among all of the Class Members who submitted valid
claims, with each Class Member receiving credit for each full-time week (35 hours or more per
week), and additionally being eligible for a partial payment for each part-time week (16 hours or
more but less than 35 hours per week). All of the weeks shall be counted up, and each class
member shall receive his or her proportional share of the Settlement Fund, with every Class
Member receiving at least $500.
12.
Plaintiff has requested appointment of The Florida Chapter of the Ronald
McDonald House Charities as the cy pres beneficiary. The Court hereby approves this request
and The Florida Chapter of the Ronald McDonald House Charities is designated the cy pres
beneficiary for receipt of undistributed funds, as provided under the Agreement and this Order.
13.
Neither the Settlement, nor any act performed or document executed pursuant to
or in furtherance of the Settlement, is or may be deemed to be or may be used as: (a) an
admission of, or evidence of, the validity of any Released Claim or any wrongdoing or liability
of any Releasee; (b) an admission or concession by Plaintiffs or any Class Member of any
infirmity in the claims asserted in any complaint or amended complaint filed in this action; (c) an
1
There were expenses of $127,258, but because of a positive balance of $5,825.50 remaining in the plaintiffs’
litigation fund, they are only seeking reimbursement of $121,433.23. (Doc. No. 280, fn 1).
4
admission of, or evidence of, any fault or omission of any of the Releasees in any civil, criminal,
or administrative proceeding in any court, administrative agency, or other tribunal.
14.
Without affecting the finality of this Judgment in any way, this Court hereby
retains continuing jurisdiction over: (a) the implementation of the Settlement; and (b) the Parties,
their counsel, and the Settlement Administrator, for the sole purpose of construing, enforcing,
and administering the Settlement and this Order and Judgment.
15.
There is no reason for delay in the entry of this Judgment. The Clerk of this Court
is hereby directed to immediately enter this Judgment.
16.
The Court dismisses this case with prejudice and directs the Clerk to close this
case.
IT IS SO ORDERED, this the 15th day of July, 2016.
Copies to: Counsel of Record
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?