Wilson v. Seattle Housing Authority et al

Filing 215

PRELIMINARY APPROVAL ORDER 211 Stipulated Motion for preliminary approval of proposed Class Action Settlement. Fairness Hearing set for 1/9/2012 at 04:00 PM before Judge Marsha J. Pechman, by Judge Marsha J. Pechman.(MD)

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THE HONORABLE MARSHA J. PECHMAN

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
MARKELETTA WILSON, MARIE
TOWNES, and all other similarly situated
individuals,

No. C09-00226 MJP
PRELIMINARY APPROVAL ORDER

Plaintiffs,
v.
SEATTLE HOUSING AUTHORITY, et
al.,
Defendants.

This matter came before the Court for consideration of the Joint Motion for Preliminary
Approval of Proposed Class Action Settlement (“Joint Motion”) made by Plaintiffs Markeletta
Wilson and Marie Townes and Defendants Seattle Housing Authority (“SHA”) and Thomas
Tierney, Executive Director of SHA, in his official capacity. The Court, having considered the
Joint Motion, the declarations in support of the Joint Motion, the Settlement Agreement with its
exhibits, and all other matters properly before the Court, hereby orders as follows:
1.

The Court finds that the Settlement Agreement was the result of serious,

informed, non-collusive, and arms-length negotiations between competent counsel assisted by
the Hon. Terrence Carroll (ret.); that it falls within the range of reasonableness and possible
approval; and that it treats all Class Members fairly. The Court grants preliminary approval of
PRELIMINARY APPROVAL ORDER
(No. C09-00226 MJP) – 1

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the Settlement Agreement, and its terms are conditionally approved, subject to final approval at
the Fairness Hearing.
2.

The Settlement Agreement is adopted by the Court and made part of this Order as

if set out in full herein. The Court, for purposes of this Order, adopts the definitions set forth in
the Settlement Agreement. All capitalized terms in this Order shall have the same meaning as in
the Settlement Agreement.
3.

Pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(2), the proposed

Settlement Class is hereby provisionally certified for settlement purposes only. The Settlement
Class is defined as follows: All SHA Section 8 voucher holders who had termination hearings
on or after February 20, 2006 and before August 1, 2008 and whose Section 8 vouchers were
terminated as a result of such hearings. The Settlement Class consists of 80 members; the
identities of Class Members are known and listed on Exhibit E to the Settlement Agreement.
4.

Pursuant to Federal Rule of Civil Procedure 23, and for purposes of settlement

only, the Court makes the following preliminary findings of fact and conclusions of law:
a.

The Settlement Class is sufficiently definite;

b.

The Settlement Class is so numerous that joinder of all members of the

Settlement Class is impracticable;
c.

There are questions of law and/or fact common to the Settlement Class;

d.

Plaintiffs’ claims are typical of the claims of the members of the

Settlement Class;
e.

Plaintiffs and their counsel have and will fairly and adequately represent

and protect the interests of the Settlement Class; and
f.

The alleged acts or omissions of Defendants which are at issue in this

litigation apply generally to the Settlement Class, so that final injunctive relief or corresponding
declaratory relief is appropriate respecting the Settlement Class as a whole.
PRELIMINARY APPROVAL ORDER
(No. C09-00226 MJP) – 2

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5.

The Court approves the proposed method of dissemination of notice set forth in

the Settlement Agreement. The notice meets the requirements of due process and is reasonable
under the circumstances. The Notice of Proposed Class Action Settlement shall be issued within
thirty (30) Days of the date of this Order, all as set forth in the Settlement Agreement.
Defendants shall notify the appropriate federal and state officials pursuant to the Class Action
Fairness Act of 2005, 28 U.S.C. § 1715.
6.

Any Class Member who wishes to object to the fairness, reasonableness, or

adequacy of the Settlement Agreement must, no later than twenty-one (21) Days before the
Fairness Hearing, file and serve a written statement of the objection(s). The written statement
must include (a) a detailed statement of the Class Member’s objection(s), as well as the specific
reasons for each objection, including any evidence and legal authority the Class Member wishes
to bring to the Court’s attention and any evidence the Class Member wishes to introduce in
support of his or her objection(s); (b) the Class Member’s name, address and telephone number;
and (c) information demonstrating that the Class Member is entitled to be included as a member
of the Class.
7.

Class Members may raise an objection either on their own or through an attorney

hired at their own expense. If a Class Member hires an attorney other than Class Counsel to
represent him or her, the attorney must, no later than twenty-one (21) Days before the Fairness
Hearing, file and serve a notice of appearance.
8.

Class Members or their attorneys intending to make an appearance at the Fairness

Hearing must, no later than twenty-one (21) Days before the Fairness Hearing, file and serve a
notice of their intention to appear at the hearing.
9.

Any Class Member who fails to comply with paragraphs 6-8 above shall waive

and forfeit any and all rights he or she may have to appear separately and/or object.

PRELIMINARY APPROVAL ORDER
(No. C09-00226 MJP) – 3

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10.

The Parties shall file any responses to objections no later than six (6) Days before

the Fairness Hearing.
11.

The motion for approval of Class Counsel’s attorneys’ fees and costs and Class

Representative incentive payments shall be filed with the Court and posted on Columbia Legal
Services’ website no later than sixty (60) Days before the Fairness Hearing. Any objections to
the motion for approval of Class Counsel’s attorneys’ fees and costs and Class Representative
incentive payments shall be filed with the Court no later than twenty-one (21) Days before the
Fairness Hearing. Any reply in support of the motion for approval of Class Counsel’s attorneys’
fees and costs and Class Representative incentive payments shall be filed with the Court no later
than six (6) Days before the Fairness Hearing.
12.

The Fairness Hearing shall be conducted on Monday, January 9, 2012, at

4 p.m.. The Fairness Hearing shall take place in Courtroom 14206, 14th Floor, at the United
States District Court for the Western District of Washington at Seattle, 700 Stewart Street,
Seattle, WA 98101. At the Fairness Hearing, the Court will consider whether to, among other
things: (a) grant final certification of the Settlement Class; (b) enter judgment in accordance
with the Settlement Agreement; (c) approve the settlement as final, fair, reasonable, adequate and
binding on all Class Members; (d) approve the payment of reasonable attorneys’ fees and costs
for Class Counsel and incentive payments to the Class Representatives, if any, pursuant to
subsection 3.7 of the Settlement Agreement; and (e) order the release of all Class Members’
claims pursuant to Section 9 of the Settlement Agreement and dismiss this Action with prejudice.

PRELIMINARY APPROVAL ORDER
(No. C09-00226 MJP) – 4

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13.

Pending further orders by this Court, all proceedings and case scheduling

deadlines in this Action, other than proceedings pursuant to this Order, shall be and hereby are
stayed.
DATED this _20th__ day of __September___, 2011.

A

Marsha J. Pechman
United States District Judge

PRELIMINARY APPROVAL ORDER
(No. C09-00226 MJP) – 5