Ramon Moreno v. Guerrero Mexican Food Products Inc et al, No. 2:2005cv07737 - Document 565 (C.D. Cal. 2008)
Court Description: ORDER OF APPROVAL OF CLASS ACTION SETTLEMENT, FINAL JUDGMENT AND ORDER OF DISMISSAL by Judge Dale S. Fischer. IT IS HEREBY ORDERED AND DECREED: The Court hereby approves the Settlement and orders that the Settlement shall be consummated and implemen ted in accordance with its terms and conditions. Defendant shall pay distributions to Class Members for approved Meal Break Claims, as determined by the Claims Administrator, not to exceed $1,258,000. Defendant shall pay distributions to Class M embers for approved Overtime Claims, as determined by the Claims Administrator, not to exceed $472,000. The Court grants Plaintiff's request for attorneys' fees and costs in the amount of $1,175,000.00. The Court grants Plaintiff s' request for approval of the enhancement award to Class representative Ramon Moreno in the amount of $20,000 and to Class representative Ernesto Moraila in the amount of $10,000. The Court grants Plaintiffs request for approval of th e payment to CPT in the amount of $12,159.72. Total Judgment: $2,947,159.72. This action is dismissed with prejudice, each party to bear his, her, or its own costs, except as expressly provided herein. Related to: MOTION for Settlement Approval of Class Action Settlement 557 , 561 . (mg)
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Ramon Moreno v. Guerrero Mexican Food Products Inc et al 1 Doc. 565 JS 6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 12 RAMON MORENO and ERNESTO MORAILA, individually and on behalf of others similarly situated, 13 Plaintiffs, 14 15 16 17 18 v. Case No. CV05-7737 DSF (PLAx) ORDER OF APPROVAL OF CLASS ACTION SETTLEMENT, FINAL JUDGMENT AND ORDER OF DISMISSAL (“FINAL ORDER AND JUDGMENT”) GUERRERO MEXICAN FOOD PRODUCTS, INC., a division of GRUMA CORPORATION; and GRUMA CORPORATION, a Nevada Corporation, 19 20 Defendant. 21 22 23 24 25 26 27 28 CASE NO. CV05-7737 DSF (PLAx) FINAL ORDER AND JUDGMENT Dockets.Justia.com 1 The parties in this case executed a proposed class action settlement on March 2 19, 2008 (“the Settlement”). Because this is a certified class action, judicial 3 approval is required before any settlement is effective. Fed. R. Civ. P. 23(e). 4 Plaintiffs filed a joint motion for preliminary approval of the Settlement on April 5 11, 2008 (Docket No. 551), which motion the Court granted on April 21, 2008 6 (Docket No. 555). 7 Plaintiffs now seek an Order and Final Judgment granting final approval of 8 the Settlement. This motion came on for hearing on October 20, 2008. The issues 9 having been duly heard and a decision having been duly reached, 10 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 11 1. By Order entered March 20, 2007 (Docket No. 235), this action has 12 been certified as a class action under Rules 23(a) and 23(b)(3) of the Federal Rules 13 of Civil Procedure (hereafter, “Rule __”). The parties jointly determined the name 14 of each class member, and listed those class members by name in Exhibit C of the 15 Settlement. In this Order, “Class” means the people listed in Exhibit C of the 16 Settlement. Ramon Moreno and Ernesto Moraila are the Class representatives. 17 Markun Zusman & Compton, LLP and Keller Rohrback L.L.P. are Class Counsel. 18 19 20 2. The Court has jurisdiction over the subject matter of the action and over all parties to the action, including all Class members. 3. The Court finds that the Class has received proper and adequate notice 21 of the proposed Settlement, this Fairness Hearing, the application for attorneys’ fees 22 and expenses, and the application for Class representative enhancement awards, 23 such notice having been given in accordance with the April 21, 2008 Order 24 Granting Joint Motion for Preliminary Approval for Class Action Settlement 25 (Docket No. 555). Such notice included individual notice to all members of the 26 Class who could be identified through reasonable efforts, as well as internet notice, 27 provided valid, due, and sufficient notice of these proceedings and of the matters set 28 forth therein, and included information regarding the procedure for the making of CASE NO. CV05-7737 DSF (PLAX) LEGAL_US_W # 59186553.4 -1- FINAL ORDER AND JUDGMENT 1 objections. 2 requirements of due process. 3 4. Such notice fully satisfied the requirements of Rule 23 and the Pursuant to Rule 23(e), the Court approves and confirms the 4 Settlement as a fair, reasonable, and adequate settlement and compromise of the 5 action. 6 adequate. More particularly, the Court finds: The Court finds that the proposed Settlement is fair, reasonable and 7 (a) The action was litigated vigorously by both sides. The 8 Settlement arose after spirited negotiations between counsel for Defendant, on the 9 one hand, and the Class Counsel on behalf of the Class, on the other, and then only 10 through the assistance of a Magistrate Judge of this Court. There is no hint of 11 collusion. 12 (b) This action was resolved on the eve of trial, after the completion 13 of discovery, after class certification, after exhaustive dispositive motion practice, 14 after expert discovery, and after exhaustive motions in limine. Both Plaintiffs and 15 Defendant had sufficient information to evaluate the settlement value of the action. 16 17 (c) If the Settlement had not been achieved, both sides faced the expense, risk, and uncertainty of extended litigation. 18 (d) The amount of the Settlement is fair, reasonable, and adequate. 19 The Settlement amount is within the broad range of settlement values one might 20 expect given the risks facing both sides. 21 22 (e) acted independently of Defendant and in the interest of the Class. 23 24 At all times, the Class representatives and Class Counsel have (f) 5. No objections to the settlement have been filed. The Court hereby approves the Settlement and orders that the 25 Settlement shall be consummated and implemented in accordance with its terms 26 and conditions. Defendant shall pay distributions to Class Members for approved 27 Meal Break Claims, as determined by the Claims Administrator, not to exceed 28 $1,258,000. Defendant shall pay distributions to Class Members for approved CASE NO. CV05-7737 DSF (PLAX) LEGAL_US_W # 59186553.4 -2- FINAL ORDER AND JUDGMENT 1 Overtime Claims, as determined by the Claims Administrator, not to exceed 2 $472,000. 3 6. The Court grants Plaintiffs’ request for approval of the Settlement 4 provision calling for an award of attorneys’ fees and costs in the amount of 5 $1,175,000. This Settlement term has been agreed on by the parties, and the 6 amount of fees and costs is a compromise figure accepted by the parties as a result 7 of Magistrate Judge Abrams’ “mediators’ proposal,” after the parties had already 8 agreed on the other essential terms of the Settlement including the amount to be 9 paid to the Class, the method for calculating and paying claims to individual Class 10 members, and the enhancement to be requested for the Class representatives. Class 11 Counsel have submitted declarations establishing a collective lodestar in excess of 12 $4,039,000, collective out-of-pocket costs in excess of $359,000, and unquantified 13 additional costs for internal copies, postage, telephone charges, and other 14 compensable expenses. The lodestar calculation is based on Class Counsel’s actual 15 time billed to this case at their standard hourly rates, which are reasonable given 16 Class Counsel’s expertise, experience, and the prevailing rates of other comparable 17 practitioners in the markets in which they operate. The lower amount now 18 requested, a result of a compromise based on Magistrate Judge Abrams’ 19 recommendation, is eminently fair and reasonable. 20 requested fee and cost provisions of the Settlement and orders that Defendant pay 21 Markun Zusman & Compton, LLP the amount of $587,500 as per the terms of the 22 Settlement, and that Defendant pay Keller Rohrback L.L.P. the amount of $587,500 23 as per the terms of the Settlement. 24 7. The Court approves the The Court grants Plaintiffs’ request for approval of the enhancement 25 award to Class representative Ramon Moreno in the amount of $20,000 and to 26 Class representative Ernesto Moraila in the amount of $10,000. 27 28 8. The Court grants Plaintiffs’ request for approval of the payment to CPT in the amount of $12,159.72. CASE NO. CV05-7737 DSF (PLAX) LEGAL_US_W # 59186553.4 -3- FINAL ORDER AND JUDGMENT 1 9. Effective on the entry of this Final Order and Judgment, any and all 2 claims of the Class representatives and the Class against Defendant, whether such 3 claims are known or unknown, arising during the period from October 28, 2001 to 4 February 7, 2007, whether under federal, state and/or local law, statute, ordinance, 5 regulation, common law, or other source of law, which concern the subject matter 6 of this litigation, shall be released and dismissed with prejudice. Pursuant to the 7 Settlement, this release includes express waiver of all rights and benefits afforded 8 by Section 1542 of the Civil Code of the State of California. 9 10. Nothing in this Final Order and Judgment shall release, bar, waive, or 10 otherwise affect any rights or duties arising out of the Settlement, including the 11 express warranties and covenants contained therein. The Court retains exclusive 12 jurisdiction to resolve any disputes or challenges that may arise as to the 13 performance, implementation, interpretation, administration, and consummation of 14 the Settlement. 15 11. 16 The action is dismissed with prejudice, each party to bear his, her, or its own costs, except as expressly provided herein. 17 18 IT IS SO ORDERED. 19 20 DATED: October 24, 2008 ____________________________________ HONORABLE DALE S. FISCHER UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 CASE NO. CV05-7737 DSF (PLAX) LEGAL_US_W # 59186553.4 -4- FINAL ORDER AND JUDGMENT
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