Nikki Fuzell v. Hallmark Marketing Corporation, No. 2:2008cv05330 - Document 20 (C.D. Cal. 2009)
Court Description: FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT by Judge Valerie Baker Fairbank: The Court grants final approval to the Settlement, and HEREBY ENTERS FINAL JUDGMENT (see attachment Final Judgment for further information). The Court hereby gives fina l approval to and orders the payment of those amounts be made to the Settlement Class Members out of the $5,625,000 Maximum Settlement Amount in accordance with the terms of the Settlement. The Court hereby grants and approves the application pr esented by Plaintiffs' Attorneys for an award of fees in the amount of $1,875,000 and costs of $54,528.85 to be paid out of the Maximum Settlement Amount in accordance with the terms of the Settlement. The Court further grants and appr oves the application presented by the Plaintiffs for an award of an enhancement in the amount of $10,000.00 to the Class Representatives Rochelle Ingalls, Nikki Fuzell, and Beverly Weaver, and for the three Conditional Class Certification Declarants, Sandy Ripp, Carol White, and Vanessa Yanez, in the amounts of $10,000 each, to be paid out of the Maximum Settlement Amount in accordance with the terms of the Settlement. (jp)
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Nikki Fuzell v. Hallmark Marketing Corporation Doc. 20 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) v. ) ) HALLMARK RETAIL, INC., a Missouri Corporation, HALLMARK ) CARDS, INC., a Missouri Corporation, ) ) and defendant DOES 1 through 200, ) inclusive, ________________________________ ) ) NIKKI FUZELL, in individual, on ) behalf of herself, and all others ) similarly situated, ) ) v. ) ) HALLMARK MARKETING ) CORPORATION, a Delaware corporation with its principal place of ) ) business in the State of Missouri, ________________________________ ) BEVERLY WEAVER, individually and ) ) on behalf of all current and former ) employees of HALLMARK, ) ROCHELLE INGALLS, suing individually and on behalf of all other similarly situated persons, Case No.: CV08-04342 VBF (Ex) CV08-05330 VBF (EFMx) CV08-07481 VBF (Ex) CLASS/COLLECTIVE ACTION FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT Date: Time: Judge: October 16, 2009 3:00 p.m. Hon. Valerie Baker Fairbank 1 Case No.: CV08-04342 VBF (Ex); CV08-05330 VBF (EFMx); CV08-07481 VBF (Ex) [PROPOSED] FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT Dockets.Justia.com 1 2 3 4 5 6 ) ) ) HALLMARK MARKETING ) CORPORATION, a Corporation conducting business in California; and ) ) DOES 1 through 10, inclusive. ) ) v. 7 8 9 10 11 12 13 14 15 The parties have submitted their Settlement Agreement and Joint Stipulation evidencing their proposed settlement (the “Settlement”), which this Court preliminarily approved in its May 18, 2009 Order. In accordance with the preliminary approval order, Class Members have been given notice of the terms of the Settlement and the opportunity to object to it or to exclude themselves from its provisions. Having received and considered the Settlement, the supporting papers filed by the parties, the motion for final approval of the settlement of this class action and an award of Plaintiffs’ attorneys’ fee and reimbursement of expenses and for 16 incentive awards, and considered the argument received by the Court at the final 17 approval hearing on October 16, 2009, the Court grants final approval to the 18 Settlement, and HEREBY ENTERS FINAL JUDGMENT as follows: 19 1. The Class covered by this Order is defined as: all non-exempt, hourly 20 employees, employed by Hallmark Marketing Corporation in the State of 21 California between July 1, 2004, and May 21, 2009, including but not limited to 22 those in the positions of Retail Merchandisers, Territory Assistants, Installation 23 Leaders, Administrative Assistants, and Casual Laborers. 24 2. Pursuant to this Court’s order of May 21, 2009, a Notice of Class 25 Action Settlement, Claim Form, and Exclusion Form were sent to each Class 26 Member by first-class mail. These papers informed Class Members of the terms of 27 the Settlement, their right to object to the Settlement or to elect not to participate in 28 the Settlement and pursue their own remedies, and their right to appear in person or 2 Case No.: CV08-04342 VBF (Ex); CV08-05330 VBF (EFMx); CV08-07481 VBF (Ex) [PROPOSED] FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT 1 by counsel at the final approval hearing and be heard regarding approval of the 2 Settlement. Adequate periods of time were provided by each of these procedures. 3 No Class Members have filed written objections to the Settlement as part of this 4 notice process or stated his or her intent to appear at the final approval hearing. 5 Nine persons have opted out of the settlement, whose identities are in the records 6 of the Administrator. These nine persons are therefore not in the Settlement Class. 7 3. The Court finds and determines that this notice procedure afforded 8 adequate protections to Class Members and provides the basis for the Court to 9 make an informed decision regarding approval of the Settlement based on the 10 responses of Class Members. The Court finds and determines that the notice 11 provided in this case was the best notice practicable, which satisfied the 12 requirements of law and due process. 13 4. For the reasons stated in the Court’s May 21, 2009 preliminary 14 approval order, and for the reasons set forth by the parties in the final approval 15 motion, the Court finds and determines that the Settlement Class meets all of the 16 legal requirements for class certification, including (i) the Settlement Class is 17 sufficiently numerous making joiner of all members impracticable; (ii) there are 18 questions of law and fact common to the class members, which questions 19 predominate over individual issues, and the class action procedure is superior to 20 individual lawsuits; (iii) the claims of the representative plaintiffs are typical of 21 those of the class members; and (iv) the representative plaintiffs have fairly and 22 adequately represented the Settlement Class. It is further ordered that the 23 Settlement Class is finally approved and certified as a class for purposes of 24 settlement of this action. 25 5. The Court further finds and determines that the terms of the 26 Settlement are fair, reasonable and adequate to the Settlement Class and to each 27 Class Member. Specifically, the Court finds that the complexity of the issues in 28 this case support approval of the Settlement, including without limitation issues of 3 Case No.: CV08-04342 VBF (Ex); CV08-05330 VBF (EFMx); CV08-07481 VBF (Ex) [PROPOSED] FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT 1 fact and law concerning certification, liability, and quantification of damages and 2 restitutionary relief sought. Therefore, the Court determines that the Class 3 Members who have not opted out shall be bound by the Settlement, that the 4 Settlement is ordered finally approved, and that all terms and provisions of the 5 Settlement should be and hereby are ordered to be consummated. 6 6. The Court finds that the Claims Administrator, Rust Consulting, has 7 fully complied with the notice requirements of the Class Action Fairness Act, 28 8 U.S.C. 1715 (b). 9 7. The Court finds and determines that the payments to be made to the 10 Settlement Class Members as provided for in the Settlement are fair and 11 reasonable. The Court hereby gives final approval to and orders the payment of 12 those amounts be made to the Settlement Class Members out of the $5,625,000 13 Maximum Settlement Amount in accordance with the terms of the Settlement. 14 8. In accordance with the separate Order entered contemporaneously 15 herewith granting the application of Class Counsel for an award of attorneys’ fees, 16 costs, and for plaintiffs’ incentive awards, the Court hereby grants and approves 17 the application presented by Plaintiffs’ Attorneys for an award of fees in the 18 amount of $1,875,000 and costs of $54,528.85 to be paid out of the Maximum 19 Settlement Amount in accordance with the terms of the Settlement. 20 9. The Court further grants and approves the application presented by the 21 Plaintiffs for an award of an enhancement in the amount of $10,000.00 to the Class 22 Representatives Rochelle Ingalls, Nikki Fuzell, and Beverly Weaver, and for the 23 three Conditional Class Certification Declarants, Sandy Ripp, Carol White, and 24 Vanessa Yanez, in the amounts of $10,000 each, to be paid out of the Maximum 25 Settlement Amount in accordance with the terms of the Settlement. 26 10. Upon completion of administration of the Settlement, the Settlement 27 Administrator will provide written certification of such completion to the Court 28 and counsel for the parties. 4 Case No.: CV08-04342 VBF (Ex); CV08-05330 VBF (EFMx); CV08-07481 VBF (Ex) [PROPOSED] FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT 1 11. Pursuant to the Settlement, all Class Members (except for those who 2 have requested exclusion) are adjudged to have released Defendant and its former 3 and present parents, subsidiaries, and affiliated corporations and entities, and each 4 of its respective officers, directors, employees, partners, shareholders and agents, 5 and any other successors, assigns, or legal representatives, of and from any and all 6 rights, claims, demands, liabilities, causes of action, liens and judgments arising 7 out of or in any way related to the matters set forth, or that could have been set 8 forth, in the Complaint in relation to the alleged claims relating to the release as set 9 forth in the Settlement. 10 12. All Class Members (except for those who have requested exclusion) 11 are permanently barred from prosecuting against Defendant, and its former and 12 present parents, subsidiaries, and affiliated corporations and entities, and each of 13 its respective officers, directors, employees, partners, shareholders and agents, and 14 any other successors, assigns, or legal representatives, any individual or class 15 claims that were released as set forth in the Settlement. 16 13. Pursuant to the Settlement, Plaintiffs Rochelle Ingalls, Beverly 17 Weaver and Nikki Fuzell, and Declarants Sandy Ripp, Carol White, and Vanessa 18 Yanez, are conclusively deemed to have released all claims against the Released 19 Parties as described in the Settlement. 20 21 22 14. The parties are hereby ordered to comply with the terms of the Settlement. 15. This action, and the claims alleged in the Complaint filed in the 23 Action is hereby ordered dismissed with prejudice, each side to bear its own costs 24 and attorneys’ fees except as provided by the Settlement. 25 16. This Court hereby enters final judgment in this case, and dismisses it 26 with prejudice, in accordance with the terms of the Settlement Agreement and Joint 27 Stipulation (“Settlement”), Order Granting Preliminary Approval, and this Final 28 Judgment Granting Approval of Class Action Settlement. 5 Case No.: CV08-04342 VBF (Ex); CV08-05330 VBF (EFMx); CV08-07481 VBF (Ex) [PROPOSED] FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT 1 17. Without affecting the finality of this Final Order and Judgment in any 2 way, the Court reserves exclusive and continuing jurisdiction over this action, the 3 named Plaintiffs, the Class, and the Defendant for the purposes of supervising the 4 implementation, enforcement, construction and interpretation of the Settlement, 5 and all orders and judgments entered in connection therewith. 6 7 IT IS SO ADJUDGED AND ORDERED. 8 9 10 Dated: 10-16-09 _______________________________ 11 The Honorable Valerie Baker Fairbank 12 Judge of the United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Case No.: CV08-04342 VBF (Ex); CV08-05330 VBF (EFMx); CV08-07481 VBF (Ex) [PROPOSED] FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT
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