Jama et al v. Golden Gate America LLC

Filing 84

ORDER granting parties' 81 Stipulated Motion for Preliminary Approval of Class Action Settlement; Settlement Hearing set for 7/31/2018 at 10:30 AM, signed by Judge Robert S. Lasnik. (SWT)

The Honorable Robert S. Lasnik
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ABDIKHADAR JAMA an individual, JEES
JEES, an individual, and MOHAMED
MOHAMED, an individual,
Plaintiff,

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vs.

No. 2:16-cv-00611 RSL
ORDER GRANTING STIPULATED
MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT

GOLDEN GATE AMERICA LLC, a foreign
limited liability company and EAN HOLDINGS
LLC, ENTERPRISE HOLDINGS, INC., a
foreign corporation, and VANGUARD
AUTOMOTIVE GROUP, a foreign business
entity d/b/a NATIONAL CAR RENTAL,
ALAMO RENT A CAR, and ENTERPRISE
RENT-A-CAR,

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Defendants.

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ORDER GRANTING PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT

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The Parties have filed a motion for an Order Preliminarily Approving Class Action

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Settlement (“Motion”). Having reviewed the Motion and supporting materials, the Court

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determines and orders as follows:

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A.

Counsel have advised the Court that the Parties have agreed, subject to final

approval by this Court following notice to the Class and a hearing, to settle this Action on the

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ORDER GRANTING PRELIMINARY APPROVAL
OF CLASS ACTION SETTLEMENT - 1

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terms and conditions set forth in the Settlement Agreement and Release of Claims (the

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“Agreement”).

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B.

The Court has reviewed the Agreement, as well as the files, records, and

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proceedings to date in this matter. The terms of the Agreement are hereby incorporated as

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though fully set forth in this Order. Capitalized terms shall have the meanings attributed to

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them in the Agreement.

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C.

Based upon preliminary examination, it appears to the Court that the Agreement

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is sufficiently fair, reasonable, and adequate to warrant notice to the Class and that the Court

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should hold a hearing after notice to the Class to determine whether to enter a Settlement Order

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and Final Judgment in this action, based upon that Agreement.

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Based upon the foregoing, the Court finds and concludes as follows:

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1.

Class Definition. The Court amends the class definition set forth in its Order

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Granting Plaintiff’s Motion for Class Certification entered on June 27, 2017. See Dkt. No 74.

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Pursuant to Fed. R. Civ. P. 23(b)(3), the Court certifies the following Class:

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All individuals who performed office work, service agent work, lead work, driver
work, off-site car shuttling work, and any other types of work covered by
Proposition 1 for Golden Gate America, LLC from January 1, 2014 to August 22,
2015.

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2.

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Settlement Administrator. The Court appoints Analytics, LLC as the Settlement

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Administrator, which shall fulfill the Settlement Administration functions, duties, and

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responsibilities of the Settlement Administrator as set forth in the Agreement and this Order.

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3.

Settlement Hearing. A final approval hearing (the “Settlement Hearing”) shall

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be held before this Court on July 31, 2018, at 10:30 a.m., as set forth in the Class Notice

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(described in Paragraph 3 below), to determine whether the Agreement is fair, reasonable, and

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adequate and should be given final approval. Papers in support of final approval of the

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Agreement and Class Counsel’s application for an award of attorneys’ fees and costs, and for

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Service Awards to the Plaintiffs (the “Fee and Cost Application”) shall be filed with the Court

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according to the schedule set forth in Paragraph 9, below. The Court may postpone, adjourn, or
ORDER GRANTING PRELIMINARY APPROVAL
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continue the Settlement Hearing without further notice to the Class. After the Settlement

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Hearing, the Court may enter a Settlement Order and Final Judgment in accordance with the

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Agreement (the “Final Judgment”), which will adjudicate the rights of the Settlement Class

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with respect to the claims being settled.

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4.

Class Notice. The Court approves the form and content of the notices

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substantially in the forms attached as Exhibit B to the Agreement, with changes necessary to

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conform to this Order. The Settlement Administrator shall comply with the notice

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requirements of Paragraph 3.03 of the Agreement. In compliance with that Paragraph,

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beginning no later than thirty (30) days after entry of this Order, the Settlement Administrator

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shall cause notice to be delivered in the manner set forth in the Agreement to all Class

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Members. Class Notices sent by email and U.S. Mail whenever possible and shall be

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substantially in the form attached as Exhibit B to the Agreement.

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5.

Filing of CAFA Notice. Before the Settlement Hearing, EAN Holdings, LLC

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(“EAN”) shall file with the Court proof of compliance with the notice provisions of the Class

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Action Fairness Act of 2005 (“CAFA”), 28 U.S.C. § 1715.

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6.

Findings Concerning Class Notice. The Court finds that the Class Notice, with

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changes necessary to conform to this Order, and the manner of its dissemination described in

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Paragraph 3 above and Paragraph 3.03 of the Agreement constitutes the best practicable notice

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under the circumstances and is reasonably calculated, under all the circumstances, to apprise

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Class Members of the pendency of this action, the terms of the Agreement, and their right to

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object to or exclude themselves from the Class. The Court finds that the notice is reasonable,

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that it constitutes due, adequate and sufficient notice to all persons entitled to receive notice,

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and that it meets the requirements of due process, Rule 23 of the Federal Rules of Civil

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Procedure, and any other applicable laws.

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7.

Exclusion from Class. Each Class Member who wishes to exclude himself or

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herself from the Class and follows the procedures set forth in this Paragraph shall be excluded.

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Any member of the Class may mail a written request for exclusion, in the form specified in the
ORDER GRANTING PRELIMINARY APPROVAL
OF CLASS ACTION SETTLEMENT - 3

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Class Notice, to the Settlement Administrator at the address set forth in the Class Notice. To be

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valid, all such written requests must be postmarked or received by the Settlement Administrator

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by forty-five (45) days after the Settlement Administrator’s initial mailing of the Class Notices.

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All persons who properly request exclusion from the Class shall not be Settlement Class

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Members and shall have no rights with respect to, nor be bound by, the Agreement, should it be

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finally approved. The names of all such excluded individuals shall be attached as an exhibit to

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the motion for final approval and any Final Judgment.

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8.

Costs of Class Notice and Claims Processing. EAN shall bear all costs of

notice to the Class of the pendency and settlement of the Action.

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Objections and Appearances.
(a)

Written Objections. Any Class Member who has not timely submitted a

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written request for exclusion from the Class, and thus is a Settlement Class Member, may object

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to the fairness, reasonableness, or adequacy of the Agreement, or the Fee and Cost Application.

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Any Settlement Class Member who wishes to object to the Settlement, must submit his or her

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objection in writing to Class Counsel, Attn: Duncan C. Turner, postmarked or received by Class

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Counsel no later than forty-five (45) days after the Settlement Administrator’s initial mailing of

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the Class Notices. Class Counsel will file copies with the Court via ECF. Objecting Settlement

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Class Members must include their name and address, the name and number of the case, and a

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statement of the reasons why they (i) believe the Court should find that the proposed settlement

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is not in the best interests of the Class; or (ii) object to the Fee and Cost Application. Any

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objection not timely made in this manner shall be waived and forever barred.

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(b)

Appearance at Settlement Hearing. Any objecting Settlement Class

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Member who wishes to address the Court at the Settlement Hearing must indicate his or her

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intent to do so in writing to Class Counsel at the same time that the Settlement Class Member

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submits the objection and must identify any witnesses and documents that he or she intends to

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use or submit at the Settlement Hearing. Class Counsel will inform the Court and EAN’s

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counsel accordingly. Any Settlement Class Member who does not have postmarked or deliver
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OF CLASS ACTION SETTLEMENT - 4

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to Class Counsel his or her written objection and notice of intention to appear by forty-five (45)

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days after the Settlement Administrator’s initial mailing of the Class Notice, in accordance with

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the requirements of this Order, may not be permitted to object or appear at the Settlement

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Hearing, except for good cause shown, and shall be bound by all proceedings, orders and

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judgments of the Court.
(c)

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Fees and Cost Application. Class Counsel shall file their Fee and Cost

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Application, together with all supporting documentation, by no later than thirty (30) days from

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entry of this Order, sufficiently in advance of the expiration of the objection period that any

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Settlement Class Member will have sufficient information to decide whether to object and, if

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applicable, to make an informed objection.
(d)

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Motion for Final Approval and Responses to Objections. Plaintiffs shall

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file with the Court their motion for final approval of the Settlement and the Parties’ responses to

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objections to the Agreement or the Fee and Cost Application, together with all supporting

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documentation, such that the motion is timely noted for July 27, 2018.

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10.

(a)

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The Settlement Administrator shall send the Class Notice to Class

Members on or before April 23, 2018;
(b)

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Dates of Performance. In summary, the dates of performance are as follows:

Class Counsel’s Fee and Cost Application, and all supporting materials,

shall be filed no later than April 23, 2018;
(c)

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Class Members who desire to be excluded shall mail requests for

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exclusion postmarked, or deliver such requests to the Settlement Administrator, within forty-five

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(45) days from the date of the Settlement Administrator’s initial mailing of the Class Notices.
(d)

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supporting materials, shall be filed and served by June 29, 2018; and
(e)

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Plaintiffs’ final approval motion, responses to objections, and all

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The Settlement Hearing shall be held on July 31, 2018, at 10:30 a.m.

Effect of Failure to Approve the Agreement. If the Court does not finally

approve the Agreement, or for any reason the Parties fail to obtain Final Approval as
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OF CLASS ACTION SETTLEMENT - 5

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contemplated in the Agreement, or the Agreement is terminated pursuant to its terms for any

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reason, then the following shall apply:
(a)

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All orders and findings entered in connection with the Agreement shall

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become null and void and have no further force and effect, shall not be used or referred to for

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any purposes whatsoever, and shall not be admissible or discoverable in any other proceeding;
(b)

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Nothing contained in this Order is, or may be construed as, any

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admission or concession by or against EAN, Plaintiffs, or the Class on any point of fact or law;

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and
(c)

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Nothing in this Order or pertaining to the Agreement shall be used as

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evidence in any further proceeding in this case, including, but not limited to, motions or

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proceedings pertaining to treatment of this case as a class action.

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12.

Discretion of Counsel. Counsel are hereby authorized to take all reasonable

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steps in connection with approval and administration of the Settlement not materially

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inconsistent with this Order or the Agreement, including, without further approval of the Court,

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making minor changes to the content of the Class Notice that they jointly deem reasonable or

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necessary.

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13.

Stay of Proceedings Pending Approval of the Settlement. All proceedings

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before the Court are stayed pending final approval of the settlement, except as may be

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necessary to implement the settlement or comply with the terms of the Agreement.

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Injunction Against Asserting Released Claims Pending Settlement Approval.

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Pending final determination of whether the settlement should be approved, Plaintiffs, all Class

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Members, and any person or entity allegedly acting on behalf of Class Members, either

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directly, representatively or in any other capacity, are preliminarily enjoined from commencing

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or prosecuting against the parties to be released in the Releases in Paragraphs 5.01 and 5.02 of

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the Agreement any action or proceeding in any court or tribunal asserting any of the claims to

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be released in that paragraph, provided, however, that this injunction shall not apply to

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individual claims of any Class Members who timely exclude themselves in a manner that
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OF CLASS ACTION SETTLEMENT - 6

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complies with this Order. This injunction is necessary to protect and effectuate the settlement,

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this Order, and the Court’s flexibility and authority to effectuate this settlement and to enter

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judgment when appropriate, and is ordered in aid of the Court’s jurisdiction and to protect its

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judgments pursuant to 28 U.S.C. § 1651(a).

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15.

Reservation of Rights and Retention of Jurisdiction. The Court reserves the

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right to adjourn or continue the date of the Settlement Hearing without further notice to Class

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Members, and retains jurisdiction to consider all further applications arising out of or connected

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with the settlement. The Court may approve or modify the settlement without further notice to

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the Class Members.

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IT IS SO ORDERED.

Dated this 23rd day of March, 2018.

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A
ROBERT S. LASNIK

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UNITED STATES DISTRICT COURT JUDGE

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Presented by:
BADGLEY MULLINS TURNER PLLC
/s/Duncan C. Turner
Duncan C. Turner, WSBA # 20597
19929 Ballinger Way NE, Suite 200
Seattle, WA 98155
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff and the Class

LAW OFFICE OF DANIEL R.
WHITMORE
/s/Daniel R. Whitmore
Daniel R. Whitmore, WSBA No. 24012
2626 15th Avenue West, Suite 200
Seattle, WA 98119
Telephone: [phone]
Facsimile: (206) 329-84001
Email: [e-mail]
Attorneys for Plaintiff and the Class
DAVIS WRIGHT TREMAINE, L.L.P.

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/s/Ryan Hess
Ryan Hess, WSBA No. 50738
1201 Third Avenue, Suite 2200
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Defendant EAN

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