Orbel Yousefian v. 21st Century Insurance Company, No. 2:2010cv01077 - Document 213 (C.D. Cal. 2012)
Court Description: FINAL JUDGMENT AND ORDER GRANTING MOTON FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND DISMISSING CLAIMS WITH PREJUDICE by Judge John A Kronstadt. IT IS HEREBY ORDERED: The Court hereby awards attorneys' fees and costs of $333,333 and & #036;40,000, respectively, to Class Counsel. The Court finds that the requested Attorneys' Fees and Costs Award is within the range of reasonableness for a contingency fee in a class action such as this. Furthermore, this award amount is unoppo sed by Defendant. The Court awards the Class Representatives the following amounts for their services to the Settlement Class Members: Orbel Yousefian: $7,500; Armen Grigorian: $7,500; Dro Grigorian: $6,500; Artin Vartanian: $6,50 0; Yevgeniy Grozovskiy: $6,500; Arin Safian: $6,500; and Sevada Mardirosian: $6,500. The Parties having so agreed, good cause appearing, and there being no just reason for delay, it is expressly directed that this Final Judgment and Order of Dismissal with Prejudice be, and hereby it is, entered as a final and appealable order. (Refer to attached document for details.) (MD JS-6, Case Terminated). (lom)
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Orbel Yousefian v. 21st Century Insurance Company 1 2 3 4 5 6 12 13 Attorneys for Plaintiffs 8 9 10 Initiative Legal Group APC G. Arthur Meneses (SBN 105260) AMeneses@InitiativeLegal.com Melissa Grant (SBN 205633) MGrant@InitiativeLegal.com Arnab Banerjee (SBN 252618) ABanerjee@IntiativeLegal.com Initiative Legal Group APC 1800 Century Park East, 2nd Floor Los Angeles, California 90067 Telephone: (310) 556-5637 Facsimile: (310) 861-9051 Edwin Aiwazian (SBN 232943) edwin@aiwazian.com Arby Aiwazian (SBN 269827) arby@aiwazian.com Maria F. Nickerson (SBN 274255) maria@aiwazian.com Lawyers for Justice, P.C. 410 West Arden Avenue, Suite 203 Glendale, California 91203 Telephone: (818) 265-1020 Facsimile: (818) 265-1021 7 1800 CENTURY PARK EAST, SECOND FLOOR, LOS ANGELES, CALIFORNIA 90067 Doc. 213 11 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 18 ORBEL YOUSEFIAN, individually, and on behalf of all other members of the general public similarly situated, Plaintiff, 19 20 21 22 vs. 21ST CENTURY INSURANCE COMPANY, a California corporation; Case No.: CV 10-1077 JAK (MANx) Hon. John A. Kronstadt FINAL JUDGMENT AND ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND DISMISSING CLAIMS WITH PREJUDICE JS-6 24 Date: Time: Place: 25 Complaint Filed: February 12, 2010 23 Defendant. July 16, 2012 8:30 a.m. Courtroom 750 — 7th Floor 26 27 28 FINAL JUDGMENT AND ORDER GRANTING MOTION FOR FINAL APPROVAL Dockets.Justia.com 1 2 ORDER WHEREAS, the Court having considered the Joint Stipulation of 3 Settlement and Release of Claims, (“Agreement”), a full copy of which is 4 attached hereto as Exhibit A, and having preliminarily approved the same on 5 March 8, 2012; and 6 WHEREAS, the Court having entered an Order directing that notice be 7 given to the Settlement Class Members, and the Notice Packet having been 8 individually mailed to Settlement Class Members, and the Court having 9 conducted a Fairness Hearing concerning the proposed settlement; and Initiative Legal Group APC 1800 CENTURY PARK EAST, SECOND FLOOR, LOS ANGELES, CALIFORNIA 90067 10 11 WHEREAS, the Court having reviewed the entire record of this Action, and good cause appearing, 12 IT IS HEREBY ORDERED: 13 1. The Agreement attached hereto as Exhibit A is incorporated by 14 reference. To the extent defined in the Agreement, the terms of this Order shall 15 have the meanings set forth in the Agreement. 16 17 18 2. The Court has jurisdiction over the subject matter of this action, Defendant, Plaintiffs, Plaintiffs’ Counsel, and the Settlement Class Members. 3. Pursuant to the Agreement, Rule 23(a) and (b)(3) of the Federal 19 Rules of Civil Procedure, and the Fair Labor Standards Act (“FLSA”), the Court 20 hereby confirms its Order of March 8, 2012, granting certification of this case as 21 a class action for settlement purposes only. For purposes of settlement, the 22 Settlement Class Members shall be defined as set forth in the March 8, 2012 23 Order and the Agreement. 24 4. The Court confirms that Simpluris, Inc. will serve as the Settlement 25 Administrator for purposes of mailing the settlement checks and overseeing the 26 administration of the implementation of the Agreement. The Court approves 27 administration expenses in the amount of $9000 payable to Simpluris, Inc. 28 Page 1 FINAL JUDGMENT AND ORDER GRANTING MOTION FOR FINAL APPROVAL 1 5. The Court has determined that the notice given to the Settlement 2 Class Members fully and accurately informed all persons in the classes of all 3 material elements of the proposed settlement, constituted the best notice practical 4 under the circumstances, constituted valid, due and sufficient notice to all 5 Settlement Class Members, and fully complied with Rule 23 of the Federal Rules 6 of Civil Procedure, the FLSA, the United States Constitution, and any other 7 applicable laws. 8 9 6. The Court finally approves the Agreement as fair, reasonable and adequate in all respects to the Settlement Class Members pursuant to Rule 23 of Initiative Legal Group APC 1800 CENTURY PARK EAST, SECOND FLOOR, LOS ANGELES, CALIFORNIA 90067 10 the Federal Rules of Civil Procedure and the FLSA, and orders the parties to 11 consummate the settlement in accordance with the terms of the Agreement. 12 7. The plan of allocation set forth in the Agreement providing for the 13 distribution of the Net Settlement Amount to Settlement Class Members is 14 approved as being fair, reasonable, and adequate to the Settlement Class 15 Members pursuant to Rule 23 of the Federal Rules of Civil Procedure and the 16 FLSA. 17 8. The Court finds that the Agreement is fair, reasonable, adequate and 18 binding on all Settlement Class Members who have not timely opted out 19 pursuant to Paragraph 3.4 of the Agreement. All Settlement Class Members who 20 have not timely opted out pursuant to the Agreement are permanently enjoined 21 from pursuing and/or seeking to reopen the claims that have been released 22 pursuant to the Agreement and dismissed with prejudice pursuant to this Final 23 Judgment and Order Granting Motion for Final Approval of Class Action 24 Settlement and Dismissing Claims with Prejudice (“Final Judgment and Order of 25 Dismissal with Prejudice”). 26 9. The Court hereby awards attorneys’ fees and costs of $333,333 and 27 $40,000, respectively, to Class Counsel. The Court finds that the requested 28 Attorneys’ Fees and Costs Award is within the range of reasonableness for a Page 2 FINAL JUDGMENT AND ORDER GRANTING MOTION FOR FINAL APPROVAL 1 contingency fee in a class action such as this. Furthermore, this award amount is 2 unopposed by Defendant. 3 10. The Court finds that the Agreement has been reached as a result of 4 informed and non-collusive arm’s-length negotiations. The Court further finds 5 that the Parties have conducted extensive investigation and research, and their 6 attorneys were able to reasonably evaluate their respective positions. 7 11. The Court also finds that settlement now will avoid additional and 8 potentially substantial litigation costs, as well as delay and risks if the Parties 9 were to continue to litigate the case. Additionally, after considering the Initiative Legal Group APC 1800 CENTURY PARK EAST, SECOND FLOOR, LOS ANGELES, CALIFORNIA 90067 10 monetary recovery provided as part of the Agreement in light of the challenges 11 posed by continued litigation, the Court finds that Class Counsel secured 12 significant relief for Settlement Class Members. 13 12. The Parties dispute the validity of the claims in this Action, and 14 their disputes underscore not only the uncertainty of the outcome but also why 15 the Court finds the Agreement to be fair, reasonable, adequate, and in the best 16 interests of the Settlement Class Members. The Agreement is not an admission 17 by Defendant, nor is this Order a finding of the validity of any allegations of any 18 wrongdoing by Defendant. Neither this Order, the Agreement, nor any document 19 referred to herein or therein, nor any action taken to carry out the Agreement, 20 may be construed as, or may be used as, an admission of any fault, wrongdoing, 21 omission, concession, or liability whatsoever by or against Defendant. 22 23 13. The Court awards the Class Representatives the following amounts for their services to the Settlement Class Members: 24 Orbel Yousefian: $7,500 25 Armen Grigorian: $7,500 26 Dro Grigorian: $6,500 27 Artin Vartanian: $6,500 28 Yevgeniy Grozovskiy: $6,500 Page 3 FINAL JUDGMENT AND ORDER GRANTING MOTION FOR FINAL APPROVAL 1 Arin Safian: $6,500 2 Sevada Mardirosian: $6,500 3 The Court finds that these amounts are fair and reasonable in light of 4 Plaintiffs’ contributions to this litigation, the risks associated with bringing an 5 action against a former employer, and for their general release of claims against 6 Defendant. 7 14. Any and all objections, if any, to the Agreement, Class Counsel’s 8 request for the Attorneys’ Fees and Costs Award and/or the Class Representative 9 Incentive Payments have been considered and are hereby found to be without Initiative Legal Group APC 1800 CENTURY PARK EAST, SECOND FLOOR, LOS ANGELES, CALIFORNIA 90067 10 11 merit and are overruled. 15. The Action, as that term is defined in the Agreement, is hereby 12 dismissed with prejudice and without fees or costs to any party, except as 13 expressly set forth in this Order and the Agreement. 14 16. Any person or entity wishing to appeal this Final Judgment and 15 Order of Dismissal with Prejudice shall post a bond with this Court as a 16 condition to prosecuting the appeal. 17 17. If the Effective Date, as defined in the Agreement, does not occur 18 for any reason whatsoever, this Final Judgment and Order of Dismissal with 19 Prejudice and the Order Granting Preliminary Approval shall be deemed vacated 20 and shall have no force or effect whatsoever and the Yousefian Action and the 21 Grigorian Action shall proceed as if no settlement has been attempted. 22 18. The Court shall have continuing and exclusive jurisdiction over the 23 construction, interpretation, implementation, and enforcement of the Agreement 24 in accordance with its terms, the administration and distribution of the settlement 25 proceeds, and this Order. 26 /// 27 /// 28 Page 4 FINAL JUDGMENT AND ORDER GRANTING MOTION FOR FINAL APPROVAL 1 19. The Parties having so agreed, good cause appearing, and there being 2 no just reason for delay, it is expressly directed that this Final Judgment and 3 Order of Dismissal with Prejudice be, and hereby it is, entered as a final and 4 appealable order. 5 IT IS SO ORDERED. 6 7 8 Dated: July 16, 2012 John A. Kronstadt United States District Court Judge 9 Initiative Legal Group APC 1800 CENTURY PARK EAST, SECOND FLOOR, LOS ANGELES, CALIFORNIA 90067 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 5 FINAL JUDGMENT AND ORDER GRANTING MOTION FOR FINAL APPROVAL
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