Larry Craft v. RWI Transportation, LLC et al, No. 2:2017cv05289 - Document 60 (C.D. Cal. 2018)
Court Description: ORDER AND FINAL JUDGMENT by Judge Stephen V. Wilson. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: The Final Judgment incorporates by reference the definitions in the Settlement Agreement, and all capitalized terms used in this Final Judgment will have the same meanings as set forth in the Settlement Agreement, unless otherwise defined in this Final Judgment. (See document for details) (MD JS-6, Case Terminated). (mrgo)
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Larry Craft v. RWI Transportation, LLC et al Doc. 60 1 2 F~ ~ ~~~ ~ Fah, i~ c , ~~~ tT rf'1'RT 3 P~~~V ~ r 2018 ~ 4 5 Ct t;,~ D~STniLT uF C~ilr~ +iA dI 6 7 ~ ~ ~J 8 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 15 LARRY CRAFT, an individual; on Case No. 2:17-cv-05289-SVW behalf of himself and all others similarly situated, [Assigned to Hon. Stephen V. Wilson] 16 17 18 19 Plaintiffs ~~~ RWI TRANSPORTATION,LLC a California corporation and DOES 1 through 50, inclusive, 20 21 22 Defendants. [PR~~~3~%D] ORDER AND FINAL JUDGMENT [Filed concurrently with Notice of Motion and Motion for Final Approval of Class Action Settlement; Memorandum of Points and Authorities in Support Thereof; Declaration of Brian S. Kabateck; and Declaration of Will Henry] 23 24 25 Date: December 3, 2018 Time: 1:30 p.m. Courtroom: 1 OA 26 27 Complaint Filed: June 19, 2017 28 [PROPOSED]ORDER AND FINAL JUDGMENT Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A Fairness Hearing was held before this Court on December 3, 2018, to consider, among other things, whether the Settlement Agreement("Settlement Agreement" or "Settlement") between Plaintiff Larry,Craft(the "Class Representative" or "Named Plaintiff') and Defendant RWI Transportation, LLC ("Defendant" or "RWI")(collectively the "Parties"), represents a fair, reasonable and adequate compromise of the action. Having considered the evidence submitted and argued by the Parties, and any objections to the Settlement submitted, GOOD CAUSE APPEARING,IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: The Final Judgment incorporates by reference the definitions in the Settlement Agreement, and all capitalized terms used in this Final Judgment will have the same meanings as set forth in the Settlement Agreement, unless otherwise defined in this Final Judgment. This Court has jurisdiction over the subject matter of the Action, the Class Representative, the Settlement Class, and Defendant. Final approval of the Settlement, and entry of a final judgment an order of dismissal is hereby GRANTED. This Court finds that the Settlement Agreement is the product of good faith arms-length negotiations by the Parties, each of whom was represented by experienced counsel. The Court finds that the class proposed for purposes of the Settlement meets the requirements of Fed. R. Civ. P. 23(a), and 23(b)(2) and (3), and hereby certifies a Settlement Class in the Action as follows: 25 26 27 28 All individuals who Defendant classified as independent contractors who drove under load for RWI and/or whose tractor was driven under load from RWI to or from California under RWI's DOT authority at any time from June 19, 2013, through March 31, 2018. [PROPOSED]ORDER AND FINAL JUDGMENT 1 2 The Court approves all terms set forth in the Settlement Agreement and the 3 Settlement reflected therein, and finds that such Settlement is, in all respects, 4 fair, reasonable, adequate and in the best interests of the Settlement Class ~~ Members, and the Parties to the Settlement Agreement are directed to consummate and perform its terms. 7 The Parties dispute the validity of the claims in this matter, and their 8 dispute underscores not only the uncertainty of the outcome but also why the 9 Court finds the Settlement Agreement to be fair, reasonable, adequate, and in the 10 best interests of the Settlement Class Members. Beyond facing uncertainty 11 regarding the resolution of those issues, by continuing to litigation the Settlement 12 Class Members would also face the challenge of surviving an appeal of any class 13 certification order entered in the Action, and any other adverse rulings rendered 14 at trial. 15 Any request to intervene in this matter and/or the Settlement Agreement 16 that is filed after the date this Judgment is entered shall be and hereby is deemed 17 untimely. 18 The Court finds that the Notices provided for in the Order of Preliminary 19 Approval of Settlement have been provided to the Settlement Class and the 20 Notices provided to the Settlement Class constituted the best notice practicable 21 under the circumstances, and was in full compliance with the notice requirements 22 of Rule 23 of the Federal Rules of Civil Procedure, due process, the United 23 States Constitution, and any other applicable law. The Notices apprised the 24 members of the Settlement Class of the pendency of the litigation, of all material 25 elements of the proposed Settlement, including but not limited to the relief 26 afforded the Settlement Class under the Settlement Agreement, of the res 27 28 judicata effect on members of the Settlement Class and of their opportunity to submit disputes; object to, comment on, or opt-out of the Settlement; and of the 2 [PROPOSED]ORDER AND FINAL JUDGMENT 1 right to appear at the Fairness Hearing. Full opportunity has been afforded to 2 members of the Settlement Class to participate in this Fairness Hearing. 3 Accordingly, the Court determines that all Settlement Class Members are bound 4 by this Final Judgment in accordance with the terms provided herein. 5 In accordance with sections I.BB. of the Settlement Agreement, upon entry 6 of this Final Judgment, all Participating Class Members will be deemed to have ~ completely released and forever discharged the Released Parties from all known g and unknown claims, losses, damages, liquidated damages, demands, penalties, 9 interest, liabilities, causes of action, complaints or suits, at law or in equity, that 10 Were alleged or could have been alleged based on the facts in the Operative Class 11 Action Complaint, including but not limited to, claims for unreimbursed business 12 expenses and unlawful deduction, unpaid wages or overtime,"off-the-clock" work 13 and premium wages for alleged meal and/or rest period violations, failure to timely 14 pay wages upon termination, claims made under California Labor Code section 15 201, 202, 203, 221, 226, 226.3, 226.7, 226.8, 510, 512, 1194, 1194.2, 1997, 2802, 16 all similar provisions or requirements of the California Industrial Welfare 1~ Commission Wage Order 9-2001 and California Business and Professions Code ig section 17200, et seq., or any other federal, state, or local law, which the Class 19 and/or any Class Member has ever had, or hereafter may claim to have, for the 20 Class Period, except for claims brought under the Fair Labor Standards Act, 29 21 U.S.C. section 210, et seq. (to be released only by FLSA Settlement Class 22 Members as defined in Paragraph I(P) and as set forth in Paragraph II(A)(3) of the 23 Settlement Agreement), and for claims for workman's compensation. 24 In accordance with section III.A. of the Settlement Agreement, in exchange 25 for consideration recited in the Settlement Agreement, all Participating Class 26 Members, on behalf of themselves and on behalf of their current, former, and 27 future heirs, executors, administrators, attorneys, agents, and assigns, do hereby 28 and forever release, waive, acquit and discharge the Released Parties from the 3 [PROPOSED]ORDER AND FINAL JUDGMENT 1 2 Released Claims. In accordance with section III.B. of the Settlement Agreement, the 3 Participating Class Members are deemed by operation of the Order Granting Final 4 Approval to have agreed not to institute any action, nor accept back liquidated 5 damages, punitive damages, penalties of any nature, attorney's fees and costs, or 6 any other relief from any other suit, class or collective action, administrative claim 7 or other claim of any sort or nature whatsoever against Defendant, for the 8 Settlement Class Period for any Released Claims. 9 The settlement of civil penalties under PAGA in the amount of Twenty-Five 10 Thousand Dollars ($25,000) is hereby approved. Seventy-Five Percent(75%), or 11 $18,750, shall be paid to the California Labor and Workforce Development 12 Agency. The remaining Twenty-Five Percent(25%), or $5,250, will be paid to 13 Participating Class Members. 14 15 16 17 The Court approves settlement administration costs and expenses in the amount of $12,000 to CPT Group, Inc. Defendant shall pay Class Members pursuant to the procedure described in the Settlement Agreement. 18 The Named Plaintiff expressly waives all rights and benefits afforded by 19 Section 1542 of the California Civil Code as to any claims he does not know or 20 suspect to exist in his favor against any of the Released Parties and does so 21 understanding the significant of that waiver. Section 1542 provides: 22 23 24 25 A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 26 27 28 Per Section VII. of the Settlement Agreement, nothing in the Settlement Agreement will constitute or be considered an admission by or on behalf of either [PROPOSED]ORDER AND FINAL JUDGMENT 1 Defendant or any Released Party, of any wrongdoing or liability or of the accuracy 2 of any allegation made in connection with these Class Actions or in any other 3 matter. 4 Pursuant to Federal Rule of Civil Procedure Rule 23, the Settlement 5 Agreement will be enforceable by the Court. This Court will have and retain 6 continuing jurisdiction over the Class Action, and over all Parties and Class ~ Members, to the fullest extent necessary or convenient to enforce and effectuate g the terms and intent of the Settlement Agreement and all matters provided for in it, 9 and to interpret it. 10 The Parties have so agreed, good cause appearing, and there being no just 11 reason for delay, it is expressly directed that this Final Judgment and order of 12 dismissal with prejudice be, and hereby is, entered as a final and appealable order. 13 14 IT IS SO ORDERED. 15 16 1~ 18 DATED:`~~ ~(~ ~~ JUDGE OF THE DISTRICT COURT 19 20 21 22 23 24 25 26 27 28 5 [PROPOSED]ORDER AND FINAL JUDGMENT
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