Paz v. Sakuma Brothers Farm Inc

Filing 65

ORDER by Judge Marsha J. Pechman granting plaintiffs' 60 Motion for Preliminary Approval of Class Action Settlement Regarding Certified Questions. The Court appoints Marc C. Cote and Toby J. Marshall of Terrell Marshall Law Group PLLC and Daniel G. Ford of Columbia Legal Services as Class Counsel. The Court sets a Fairness Hearing set for 7/8/2016 at 02:00 PM in Courtroom 14206 before Judge Marsha J. Pechman. (PM)

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THE HONORABLE MARSHA J. PECHMAN

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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ANA LOPEZ DEMETRIO and FRANCISCO
EUGENIO PAZ, individually and on behalf of
all others similarly situated,

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Plaintiffs,
v.

NO. 2:13-cv-01918-MJP
ORDER GRANTING PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT REGARDING
CERTIFIED QUESTIONS

SAKUMA BROTHERS FARMS, INC.,

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Defendant.

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Plaintiffs have applied for an order preliminarily approving the settlement of this action

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as stated in the Stipulation of Settlement and Release Regarding Certified Question Claims on

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file with the Court, which, together with the exhibit attached thereto, sets forth the terms and

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conditions for a proposed settlement of this class action. The Court has read and considered the

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Stipulation of Settlement, the exhibit attached thereto, and the briefing submitted in support of

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preliminary approval of the Settlement and is fully advised.

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NOW, THEREFORE, IT IS ORDERED:

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1.

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Unless otherwise provided, all capitalized terms in this order have the same

meaning as set forth in the Stipulation of Settlement filed with this Court on March 20, 2016.
2.

For purposes of settlement, the Court certifies this case as class action under

Rule 23. The Court certifies the following Settlement Class for all claims:

ORDER GRANTING PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT REGARDING
CERTIFIED QUESTIONS - 1
CASE NO. 2:13-CV-01918-MJP

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone] • FAX [phone]
www.terrellmarshall.com

All migrant and seasonal employees of Sakuma who performed
piece-rate fruit harvest work for Sakuma in Washington in 2014
or 2015.

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3.

The Court appoints Marc C. Cote and Toby J. Marshall of Terrell Marshall Law

Group PLLC and Daniel G. Ford of Columbia Legal Services as Class Counsel.
4.

The Court preliminarily approves the Stipulation of Settlement and the terms set

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forth therein—including the relief afforded the Settlement Class and Class Counsel’s

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entitlement to reasonable attorneys’ fees and costs—as being fair, reasonable and adequate.

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The Stipulation of Settlement is the result of arm’s-length negotiations between experienced

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attorneys who are familiar with class action litigation in general and with the legal and factual

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issues of this case in particular.
5.

For purposes of determining whether the Settlement should be finally approved,

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the Court sets a fairness hearing on July 8, 2016, at 2:00 p.m. [which is no earlier than June 27,

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2016] in the courtroom of the Honorable Marsha J. Pechman at the U.S. Courthouse, 700

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Stewart Street, Seattle, Washington, 98101. The Court will hear arguments concerning whether

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the proposed settlement should be granted final approval by the Court as fair, reasonable and

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adequate.

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6.

The Court approves, as to form and content, the Class Notice attached to the

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Stipulation of Settlement as Exhibit A (“Notice”). In addition, the Court finds that distribution

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of the Notice in the manner set forth in Paragraph 7 of this order will meet the requirements of

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due process and applicable law, will provide the best notice practicable under the

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circumstances, and will constitute due and sufficient notice to all individuals entitled thereto.

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7.

The Court approves Class Counsel’s and Sakuma’s roles in notifying class

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members and administering the Settlement, as outlined in Paragraph 20 of the Stipulation of

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Settlement. The procedure for distributing the Notice is as follows: Within 31 days of the date

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of this Order, Class Counsel will mail a Settlement Notice in Spanish and English (“Notice”) to

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each Settlement Class Member’s last known address. All mailings will be by first class mail.
ORDER GRANTING PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT REGARDING
CERTIFIED QUESTIONS - 2
CASE NO. 2:13-CV-01918-MJP

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone] • FAX [phone]
www.terrellmarshall.com

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Class Counsel will also provide a Notice to any Settlement Class Member who contacts Class

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Counsel and requests one.

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8.

Settlement Class Members will not be required to submit a claim form to receive

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a Settlement payment. If the Court grants Final Approval, all Settlement Class Members who

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performed piece-rate fruit harvest work for Sakuma in 2014 and who are eligible for a payment

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will be issued a payment unless they opt out of the Settlement.

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9.

Members of the Settlement Class may opt out of the Class by submitting a

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written statement requesting exclusion from the Settlement (“Exclusion Request”) in the

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manner provided in Paragraph 20.d of the Stipulation of Settlement no later than 30 days after

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the date Notice is initially mailed to Settlement Class Members (“Objection/Exclusion

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Deadline Date”).

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10.

Any Settlement Class Member who wishes to object to the Settlement must file

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with the Court and serve on counsel for the Parties a written statement objecting to the

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Settlement. Such written statement must be filed with the Court and served on counsel for the

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Parties no later than the Objection/Exclusion Deadline Date. No Settlement Class Member will

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be entitled to be heard at the final Settlement hearing (whether individually or through separate

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counsel) or to object to the Settlement, and no written objections or briefs submitted by any

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Settlement Class Member will be received or considered by the Court at the final Settlement

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hearing, unless copies of any written objections or briefs have been filed with the Court and

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served on counsel for the Parties on or before the Objection/Exclusion Deadline Date.

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Settlement Class Members who fail to file and timely serve written objections in the manner

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specified above will be deemed to have waived any objections, will be foreclosed from making

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any objection (whether by appeal or otherwise) to the Settlement, and will be bound by the

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terms of the Settlement.

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11.

Plaintiffs’ Motion for an Award of Attorneys’ Fees and Costs must be filed and

served no later than 7 days after Notice is issued to the Settlement Class Members.
ORDER GRANTING PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT REGARDING
CERTIFIED QUESTIONS - 3
CASE NO. 2:13-CV-01918-MJP

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone] • FAX [phone]
www.terrellmarshall.com

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12.

All papers in support of final approval of the Stipulation of Settlement must be

filed and served no later than 14 days after the Objection/Exclusion Deadline Date.
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At the fairness hearing, the Court shall determine whether the proposed

Stipulation of Settlement will be finally approved.
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The Court reserves the right to adjourn the date of the fairness hearing without

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further notice to the Settlement Class Members and retains jurisdiction to consider all further

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applications arising out of or connected with the proposed Stipulation of Settlement.

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If final approval does not occur, or if the Stipulation of Settlement is terminated

or canceled pursuant to its terms, the Parties will be deemed to have reverted to their respective

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status as of the date and time immediately prior to the execution of the Stipulation of

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Settlement, and the Stipulation of Settlement will be deemed null and void, will be of no force

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or effect whatsoever, and will not be admitted, referred to or utilized by any Party for any

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purpose whatsoever.

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IT IS SO ORDERED this 1st day of April, 2016.

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A

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Marsha J. Pechman
United States District Judge

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Presented by:

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TERRELL MARSHALL LAW GROUP PLLC

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By: /s/ Marc C. Cote, WSBA #39824
Toby J. Marshall, WSBA #32726
Email: [e-mail]
Marc C. Cote, WSBA #39824
Email: [e-mail]
936 North 34th Street, Suite 300
Seattle, Washington 98103
Telephone: [phone]
Facsimile: [phone]

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ORDER GRANTING PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT REGARDING
CERTIFIED QUESTIONS - 4
CASE NO. 2:13-CV-01918-MJP

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone] • FAX [phone]
www.terrellmarshall.com

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COLUMBIA LEGAL SERVICES

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By: /s/ Daniel G. Ford, WSBA #10903
Daniel G. Ford, WSBA #10903
Email: [e-mail]
101 Yesler Way, Suite 300
Seattle, Washington 98104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and Class

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ORDER GRANTING PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT REGARDING
CERTIFIED QUESTIONS - 5
CASE NO. 2:13-CV-01918-MJP

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone] • FAX [phone]
www.terrellmarshall.com