Catalina Ricaldai v. US Investigations Services, LLC et al, No. 2:2010cv07388 - Document 171 (C.D. Cal. 2013)
Court Description: ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARDING ATTORNEYS FEES AND COSTS; JUDGMENT by Judge Dean D. Pregerson: The Court grants final approval of the Total Settlement Amount of $900,000.00.The Court awards Catalina Ricaldai , the Class Representative $5,000.00 for her service to the Class and $5,000.00 as payment for settlement of her individual claims ($10,000.00 total). The Court awards attorneys fees of $300,000.00 and costs $20,000.00 payabl e to Class Counsel. No other attorneys or law firms shallrecover any further award of attorneys fees or costs from USIS in any wayconnected with this Action. The Court approves the settlement administration expenses in the $10,000.00 payable to Simpluris Inc.The Court hereby approves payment of penalties to the Labor and Workforce Development Agency pursuant to the Private Attorneys General Act of 2004, California Labor Code 2698 et seq., in the amount of $0.00. The Court hereby orders the Settlement Administrator to distribute the payments to Settlement Class members, Class Counsel and the Class Representative in accordance with the provisions of the Stipulation for Settlement. (lc)
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Catalina Ricaldai v. US Investigations Services, LLC et al Doc. 171 R. DUANE WESTRUP (State Bar No. 58610) 1 jveloff@waklaw.com PHILLIP R. POLINER (State Bar No. 156145) 2 ppoliner@wkalaw.com Cat-Tuong N. Bulaon (State Bar No. 206612) 3 cbulaon@wkalaw.com WESTRUP KLICK, LLP 4 444 West Ocean Boulevard, Suite 1614 Long Beach, California 90802-4524 5 Telephone: (562) 432-2551 6 7 Telecopier: (562) 435-4856 Attorneys for Plaintiff CATALINA RICALDAI CLOSED 8 9 UNITED SATES DISTRICT COURT 10 CENTERAL DISTRICT OF CALIFORNIA 11 CATALINA RICALDAI, an individual; on behalf of herself and all others 13 similarly situated, 12 14 Plaintiff, 15 16 vs. 17 US INVESTIGATIONS SERVICES, 18 LLC, a Delaware limited liability company, and DOES 1 through 10, 19 inclusive, 20 21 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 10-07388 DDP(PLAx) CLASS ACTION ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARDING ATTORNEYS’ FEES AND COSTS; JUDGMENT 22 23 24 25 26 27 28 ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARDING ATTORNEYS’ FEES AND COSTS Dockets.Justia.com 1 The Court has read and considered Plaintiff’s Motion for Final Approval, 2 including Class Counsel’s request for an award of attorneys’ fees and costs, the 3 Stipulation of Settlement and Release (“Stipulation for Settlement”) and all exhibits 4 thereto. 5 IT IS HEREBY ORDERED, ADJUGED AND DECREED THAT: 6 1. All terms used herein shall have the same meaning as defined in the 7 Stipulation for Settlement. 8 2. This Court has jurisdiction over the subject matter of this litigation and 9 over all parties to this litigation, including all Settlement Class members. 10 3. Final approval shall be with respect to the Settlement Class defined to 11 include individuals who fall within either or both of these groups: (a) all persons who 12 have been employed or are currently employed by US Investigations Services, LLC 13 (“USIS”) in California as Field Investigators, at any time from August 26, 2006 14 through May 2010; and (b) all persons who were formerly employed by USIS in 15 California as Field Investigators from August 26, 2007 through the date of 16 preliminary approval. 17 4. The distribution of the Notice, Claim Form and reminder postcard to the 18 Settlement Class members as set forth in the Stipulation for Settlement has been 19 completed in conformity with the Preliminary Approval Order. The Notice provided 20 adequate notice of the proceedings and about the case, including the proposed 21 settlement terms as set for the in the Settlement Agreement. The Notice fully 22 satisfied due process requirements. The Notice was sent via U.S. Mail to all persons 23 entitled to such notice and to all Settlement Class members who could be identified 24 through reasonable effort. As executed, the Notice was the best notice practicable 25 under the circumstances. 26 5. The Court hereby approves the terms set forth in the Stipulation for 27 Settlement and finds that the settlement is, in all respects, fair, adequate, and 28 2 ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARDING ATTORNEYS’ FEES AND COSTS 1 reasonable, and directs the parties to complete the remaining steps of the settlement 2 according to its terms. The Court finds that the settlement has been reached as a 3 result of intensive, serious, and non-collusive arm’s-length negotiations. The Court 4 further finds that the parties have conducted extensive investigation and research, 5 and their attorneys are able to reasonably evaluate their respective positions. The 6 Court also finds that settlement now will avoid additional and potentially substantial 7 litigation costs, as well as delay and risks if the parties were to continue to litigate the 8 case. The Court has reviewed the monetary recovery being provided as part of the 9 settlement and recognizes the significant value accorded to the Settlement Class 10 members. One Settlement Class member objected to the Stipulation for Settlement 11 and this Objection is over-ruled. One Settlement Class members requested exclusion 12 from the Settlement. 13 6. The Settlement is not a concession or admission, and shall not be used 14 against US Investigations Services, LLC (“USIS”) or any of the Released Parties as 15 an admission or indication with respect to any claim of any fault or omission by 16 USIS or any of the other Released Parties. Regardless of whether the Court grants 17 final approval of the Stipulation for Settlement, neither the Stipulation for 18 Settlement, nor any document, statement, proceeding or conduct related to the 19 Stipulation for Settlement, nor any reports or accounts thereof, shall in any event be: 20 (a) construed as, offered or admitted in evidence as, received as or deemed to be 21 evidence for any purpose adverse to the Released Parties, including, but not limited 22 to, evidence of a presumption, concession, indication or admission by USIS or any of 23 the other Released Parties of any liability, fault, wrongdoing, omission, concession or 24 damage; or (b) disclosed, referred to, or offered or received in evidence against any 25 of the Released Parties in any civil, criminal or administrative action or proceeding, 26 except for purposes of enforcing the settlement pursuant to the Stipulation for 27 Settlement. 28 3 ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARDING ATTORNEYS’ FEES AND COSTS 7. 1 USIS shall pay the Settlement Class members pursuant to the claim 2 procedure described in the Settlement Agreement. USIS shall have no further 3 liability for costs, expenses, interest, attorneys’ fees, or for any other charge, 4 expense, or liability, except as provided in the Stipulation for Settlement. 8. 5 The Court grants final approval of the Total Settlement Amount of Nine 6 Hundred Thousand Dollars and Zero Cents ($900,000.00) agreed upon by the parties 7 and pursuant to the Stipulation for Settlement. 9. 8 The Court awards Catalina Ricaldai, the Class Representative, Five 9 Thousand Dollars and Zero Cents ($5,000.00) for her service to the Class and Five 10 Thousand Dollars and Zero Cents ($5,000.00) as payment for settlement of her 11 individual claims ($10,000.00 total). The Court finds that this amount is fair and 12 reasonable in light of Plaintiff’s contributions to this litigation. This award is 13 unopposed by USIS. 10. 14 The Court awards attorneys’ fees of Three Hundred Thousand Dollars 15 and Zero Cents ($300,000.00) and costs of Twenty Thousand Dollars and Zero Cents 16 ($20,000.00) payable to Class Counsel. These amounts are unopposed by USIS. 17 The Court finds that the attorneys’ fees and costs requested were reasonable in light 18 of the relevant factors under California law. No other attorneys or law firms shall 19 recover any further award of attorneys’ fees or costs from USIS in any way 20 connected with this Action. 11. 21 The Court approves the settlement administration expenses in the 22 amount of Ten Thousand Dollars and Zero Cents ($10,000.00) payable to Simpluris 23 Inc. 24 12. The Court hereby approves payment of penalties to the Labor and 25 Workforce Development Agency pursuant to the Private Attorneys General Act of 26 2004, California Labor Code §§ 2698 et seq., in the amount of $0. 27 28 4 ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARDING ATTORNEYS’ FEES AND COSTS 1 13. The Court hereby orders the Settlement Administrator to distribute the 2 payments to Settlement Class members, Class Counsel and the Class Representative 3 in accordance with the provisions of the Stipulation for Settlement. 4 14. After administration of the settlement has been completed in accordance 5 with the Stipulation for Settlement and all amounts calculated, and in no event later 6 than 130 days after the Effective Date, USIS shall file a report with this Court 7 certifying compliance with the terms of the Stipulation for Settlement. 8 15. The Court finds that the Stipulation for Settlement has been drafted and 9 entered into in good faith and constitutes a fair, reasonable, and adequate 10 compromise of the Released Claims against USIS and all other Released Parties. 11 16. As of the Effective Date, all Settlement Class members who either: (a) 12 sent a timely Claim Form; or (b) failed to send a timely Claim Form but did not 13 submit a timely written request to be excluded from the settlement are bound by the 14 release and waiver listed in the Stipulation for Settlement. This final order shall have 15 the force and effect of res judicata, collateral estoppel and/or claim or issue 16 preclusion as to them. Accordingly, as of the final judgment, Settlement Class 17 members who have not been excluded are hereby forever barred and enjoined from 18 prosecuting the Released Claims during the Settlement Class members’ Released 19 Period against USIS. Plaintiff is also hereby forever barred and enjoined from 20 prosecuting any claims covered by her individual release against the Released 21 Parties. 22 17. Payment to the Settlement Class members from the Meal Period 23 Allocation for unpaid wages shall not trigger any obligation of any kind whatsoever 24 by USIS to make any contributions or payment to the Settlement Class related to any 25 retirement benefit account. Payments to the Settlement Class members will also not 26 have any effect on any other benefits for Settlement Class members (e.g., vacation or 27 holiday pay). 28 5 ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARDING ATTORNEYS’ FEES AND COSTS 1 18. Without affecting the finality of this final approval order and judgment 2 in any way, the Court shall have continuing jurisdiction over the construction, 3 interpretation, implementation, and enforcement of the Stipulation for Settlement in 4 accordance with its terms, and over the administration and distribution of the 5 settlement proceeds. 6 19. If the Stipulation for Settlement does not become final and effective in 7 accordance with the terms of the Stipulation for Settlement, then this judgment and 8 all orders entered in connection herewith, including any order certifying the 9 Settlement Class, appointing the Class Representative and appointing Class Counsel 10 shall be rendered null and void and shall be vacated. 11 IT IS SO ORDERED. 12 13 Dated: September 06, 2013 14 Honorable Dean D. Pregerson 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 6 ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARDING ATTORNEYS’ FEES AND COSTS
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