Rucker v. Spokane County, No. 2:2012cv05157 - Document 70 (E.D. Wash. 2014)
Court Description: ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION FOR SETTLEMENT PURPOSES AND PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT - granting 64 Motion to Certify Class. Signed by Senior Judge Lonny R. Suko. (CC, Case Administrator)
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Rucker v. Spokane County Doc. 70 1 2 3 Honorable Lonny R. Suko 4 5 6 7 8 9 Michael A. Patterson, WSBA 7976 Michael T. Kitson, WSBA 41681 PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 2112 Third Avenue, Suite 500 Seattle, WA 98121 Tel. 206.462.6700 Attorneys for Defendant 10 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON 11 12 BETTY RUCKER, and others, 13 14 15 16 17 Plaintiffs, v. SPOKANE COUNTY, a municipal corporation, Defendant. No. CV-12-05157-LRS ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION FOR SETTLEMENT PURPOSES AND PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT 18 19 20 21 22 23 24 25 THIS MATTER, having come regularly before the Court in the abovecaptioned matter upon the Parties’ Joint Motion for Class Certification for Settlement Purposes and Preliminary Approval of Proposed Settlement, pursuant to Federal Rule of Civil Procedure (“FRCP”) 23(a) and 23(b)(3), and the Court having reviewed the files and pleadings herein, including: 1. Joint Motion for Class Certification for Settlement Purposes and Preliminary Approval of Proposed Settlement; and ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION FOR SETTLEMENT PURPOSES AND PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT- 1 PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 2112 Third Avenue, Suite 500, Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701 CV-12-05157-LRS 12-5157 Proposed Order Granting Joint Motion for Class Cert Dockets.Justia.com 1 2. The Declaration of Michael T. Kitson in Support of Joint Motion for 2 Class Certification for Settlement Purposes and Preliminary Approval of 3 Proposed Settlement, including the Settlement Agreement, which 4 together with the exhibits thereto, sets forth the terms and conditions for 5 a proposed settlement of this matter. 6 THE COURT FINDS and ORDERS: 7 8 9 10 11 12 13 14 15 16 17 18 1. reference the definitions in the Settlement Agreement; all italicized terms shall have the same meanings set forth in the Settlement Agreement. 2. The class definition proposed by the parties is appropriate. 3. The requirements of FRCP 23(a) are satisfied. 4. The action is properly maintained as a class action under FRCP 23(b)(3). 5. Betty Rucker is an appropriate class representative. 6. Plaintiff’s counsel, Breean L. Beggs, Jeffry K. Finer, and Andrew Biviano are qualified to serve as Class Counsel. 7. 19 22 23 24 The Class shall be certified as: All individuals who were incarcerated in Spokane County Jail between January 26, 2008, and the date the court preliminarily approves settlement of the case, for failure to pay their Legal Financial Obligations as directed by an agreed “Order Enforcing Sentence-LFO.” 20 21 This Order (“Preliminary Approval Order”) incorporates by 8. The Court preliminarily approves the Settlement Agreement and the Plan of Allocation to be fair, reasonable, and adequate. 5. The Court approves, as to form and content, the proposed Settlement Agreement, which is annexed as Exhibit A to the Declaration of Michael T. 25 ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION FOR SETTLEMENT PURPOSES AND PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT- 2 CV-12-05157-LRS 12-5157 Proposed Order Granting Joint Motion for Class Cert PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 2112 Third Avenue, Suite 500, Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701 1 Kitson in Support of Joint Motion for Class Certification for Settlement Purposes 2 and Preliminary Approval of Proposed Settlement. 6. 3 The Court approves, as to form and content, the Official Notice of 4 Class Action and Publication Notice, which are annexed as Exhibit B and Exhibit 5 C to the Declaration of Michael T. Kitson in Support of Joint Motion for Class 6 Certification for Settlement Purposes and Preliminary Approval of Proposed 7 Settlement. 7. 8 9 10 11 12 13 The Court finds that the mailing, publication, and distribution of the Mailed Notice and Publication Notice substantially in the manner and form set forth in paragraph 9 below, constitutes the best notice practicable under the circumstances, including individual notice to all Class Members, and constitutes valid, due, and sufficient notice to all persons entitled thereto, complying fully with the requirements of Fed. R. Civ. P. 23 and due process. 8. 14 15 The Court approves the following schedule: Notice mailed to Class Members 16 17 Publication Notice published in English in the Spokesman Review and posted at Spokane County Jail Last day for Class Members to object to or opt-out of Settlement. Deadline for filing Motion For Final Approval Of Class Settlement And For Attorney’s Fees Final Approval Hearing 18 19 20 21 22 23 24 Within 30 days after the Order of Preliminary Approval No later than 21 days after the Order of Preliminary Approval January 23, 2015 January 28, 2015 February 25, 2015 /// /// 25 ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION FOR SETTLEMENT PURPOSES AND PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT- 3 CV-12-05157-LRS 12-5157 Proposed Order Granting Joint Motion for Class Cert PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 2112 Third Avenue, Suite 500, Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701 9. 1 Notice shall be issued by the County in the following form: The 2 County shall cause to be mailed, by first class mail, copies of the Class Notice 3 Form to the last known address of all Class Members. The Publication Notice 4 will run twice (once on a weekday and once on a Sunday) in the Spokesman 5 Review. The Publication Notice will run within 21 days after preliminary 6 approval is entered by this Court. 10. 7 At or prior the Fairness Hearing (as defined below), the County shall 8 file with the Court and serve on Class Counsel proof by declaration or affidavit of 9 the mailing, publication, and posting at Spokane County Jail described in 10 paragraph 9 above. 11. 11 12 13 14 15 16 17 18 19 20 21 22 A hearing (the “Fairness Hearing”) shall be held on February 25, 2015, at 2 p.m. before the Honorable Lonny R. Suko, United States District Court Judge, at the United States District Court for the Eastern District of Washington, 920 West Riverside Avenue, Spokane, WA 99201, for the purpose of determining: (a) whether the proposed Settlement as set forth in the Agreement is fair, reasonable and adequate and should be approved by the Court; (b) whether an Order of Final Judgment and Dismissal should be entered; (c) whether the proposed Plan of Allocation is fair and reasonable and should be approved by the Court; (d) whether and in what amount attorneys’ fees and costs should be awarded to Class Counsel; and (e) whether and in what amount an Incentive Award should be issued to the Named Plaintiff, and to rule upon such other matters as the Agreement contemplates and as the Court may deem just and proper. 23 /// 24 /// 25 ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION FOR SETTLEMENT PURPOSES AND PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT- 4 CV-12-05157-LRS 12-5157 Proposed Order Granting Joint Motion for Class Cert PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 2112 Third Avenue, Suite 500, Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701 1 12. A Joint Motion for Final Approval of the Class Settlement and Final 2 Judgment and Dismissal, and all papers in support of the Settlement shall be filed 3 at least fifteen (15) days prior to the Fairness Hearing. 4 13. Any Class Member may appear and show cause as to why the Court 5 should or should not: (a) approve the proposed Settlement as set forth in the 6 Settlement Agreement as fair, reasonable and adequate; (b) enter the Order of 7 Final Judgment and Dismissal; (c) award attorneys’ fees and costs to Class 8 Counsel; and/or (d) award an Incentive Award to the Named Plaintiff, provided, 9 however, that no person shall be heard with respect to, or shall be entitled to 10 11 12 13 14 15 16 17 18 19 20 21 22 contest, the foregoing matters unless on or before January 25, 2015, that person has mailed notice of his, her or its intention to appear, setting forth briefly each objection and the basis therefore, together with copies of any papers and briefs in support of said objections and proof of membership in the Class, to the Clerk of the Court at the following address: Thomas S. Foley U.S. Courthouse, 920 West Riverside Avenue, Spokane, WA 99201. Unless otherwise ordered by the Court, any Class Member who does not make his or her objection in the manner provided for herein, shall be deemed to have waived such objection and shall forever be foreclosed from making any objection to the foregoing matters. 14. The Court may adjourn the Fairness Hearing from time to time and without further notice to the Class. The Court reserves the right to approve the Settlement at or after the Fairness Hearing with such modifications as may be consented to by the Settling Parties and without further notice to the Class. The Court further reserves the right to enter a Final Order, dismissing the action with 23 prejudice as to the Defendant and against the Named Plaintiff and the Class at or 24 after the Fairness Hearing and without further notice to the Class. 25 ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION FOR SETTLEMENT PURPOSES AND PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT- 5 CV-12-05157-LRS 12-5157 Proposed Order Granting Joint Motion for Class Cert PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 2112 Third Avenue, Suite 500, Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701 15. 1 Upon entry of the Final Order, the Named Plaintiff, and each of the 2 Class Members, on behalf of themselves, their successors, assigns, and any other 3 person claiming (now and in the future) through or on behalf of them, and 4 regardless of whether any such Named Plaintiff or Class Member ever seeks or 5 obtains by any means any distribution from the Settlement Fund, shall be bound 6 by the Final Order and by the terms of the Settlement Agreement. Upon entry of 7 the Final Order, the Court will dismiss the action in its entirety as to the County, 8 with prejudice and without costs (except as otherwise provided in the Agreement). 16. 9 10 11 providing notice to Class Members and in administering the Settlement Fund shall be paid as set forth in the Settlement Agreement. 17. 12 13 16 18. 19 Preliminary Approval Order shall be rendered null and void and shall be vacated nunc pro tunc. 19. 22 Without further order of the Court, the Settling Parties may agree to reasonable extensions of time to carry out any of the provisions of this Preliminary Approval Order or the Agreement. 20 21 If for any reason the Settlement Agreement does not become effective in accordance with the terms of the Settlement Agreement, this 17 18 The Court retains jurisdiction over all proceedings arising out of or related to the Settlement Agreement. 14 15 All reasonable costs and expenses incurred in identifying and 20. Pending final determination as to whether the Settlement, as set forth in the Settlement Agreement, should be approved, no Class Member shall commence, prosecute, pursue, or litigate any Released Claims against the County, 23 /// 24 /// 25 ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION FOR SETTLEMENT PURPOSES AND PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT- 6 CV-12-05157-LRS 12-5157 Proposed Order Granting Joint Motion for Class Cert PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 2112 Third Avenue, Suite 500, Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701 1 whether directly, representatively, or in any other capacity, and regardless of 2 whether or not such Class Member has appeared in the action. 3 IT IS SO ORDERED. 4 Dated: September 19, 2014. s/Lonny R. Suko 5 6 LONNY R. SUKO SENIOR U.S. DISTRICT COURT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION FOR SETTLEMENT PURPOSES AND PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT- 7 CV-12-05157-LRS 12-5157 Proposed Order Granting Joint Motion for Class Cert PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 2112 Third Avenue, Suite 500, Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701
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