-GGH (TEMP) Leggett et al v. Cooperative Personnel Services, No. 2:2009cv01253 - Document 61 (E.D. Cal. 2011)

Court Description: ORDER FOR FINAL JUDGMENT signed by Senior Judge Lawrence K. Karlton on 04/11/11. CASE CLOSED (Benson, A.)
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-GGH (TEMP) Leggett et al v. Cooperative Personnel Services 1 2 3 4 Doc. 61 Michael M. McShane (CA 127944) AUDET & PARTNERS, LLP 221 Main Street, Suite 1460 San Francisco, CA 94105 MMcShane@audetlaw.com ANadji@audetlaw.com Telephone: 415.568.2555 Facsimile: 415.568.2556 5 6 7 8 9 10 11 12 13 T. Joseph Snodgrass (Pro HacVice) Angela Beranek Brandt (Pro Hac Vice) Kelly A. Swanson (Pro Hac Vice) LARSON KING, LLP 2800 Wells Fargo Place 30 East 7th Street St. Paul, MN 55101 jsnodgrass@larsonking.com abrandt@larsonking.com kswanson@larsonking.com Telephone: 651.312.6500 Facsimile: 651.312.6619 Attorneys for Plaintiffs, ANTHONY LEGGETT, MICHAEL BORTON, LESANN DORFLER, AIMEE UHLER, and OPT-IN PLAINTIFFS 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 19 ANTHONY LEGGETT, MICHAEL BORTON, LESANN DORFLER, AIMEE UHLER, on behalf of themselves and others similarly situated, Plaintiffs, 20 21 Case No.: 09-CV-01253 LKK-GGH (TEMP) v. ORDER FOR 22 23 24 COOPERATIVE PERSONNEL SERVICES, d/b/a CPS HUMAN RESOURCES SERVICES, Defendant. FINAL JUDGMENT 25 26 27 1 28 [PROPOSED] ORDER FOR FINAL JUDGMENT Case No.: 09-CV-01253 LKK-GGH (TEMP) Dockets.Justia.com 1 This cause comes before the Court on Plaintiffs’ Unopposed Motion for Approval 2 of FLSA Settlement, the memorandum and declaration filed in support thereof, and the 3 applicable law. Having found that the Settlement Agreement meets the applicable 4 criteria for approval, the Court hereby ORDERS, ADJUDGES, and DECREES as 5 follows: 6 1. Plaintiffs and Defendant Cooperative Personnel Services, d/b/a CPS 7 Human Resources Services (“CPS”), entered into a Settlement Agreement on February 8 14, 2011. 9 2. On February 23, 2011, Plaintiffs filed an unopposed Motion for Final 10 Approval of FLSA Settlement. 11 3. The settlement set forth in the Settlement Agreement is fair, reasonable, 12 adequate, and in the best interests of the Plaintiffs. 13 4. This Action is dismissed with prejudice. 5. The Plaintiffs are permanently enjoined and barred from commencing or 14 15 prosecuting any action asserting any of the Settled Claims1 against any of the Released 16 Parties, either directly, representatively, derivatively, or in any other capacity, whether by 17 a complaint, counterclaim, defense, or otherwise, in any local, state, or federal court, or in 18 any other agency or other authority, tribunal, or forum wherever located. 19 6. The Named Plaintiffs and Bellwether Plaintiffs are awarded service fees as 20 set forth in the Settlement Agreement. Such awards are made to reimburse these 21 Plaintiffs for their time expended and the risks undertaken on behalf of Plaintiffs as a 22 whole. 23 7. Plaintiffs’ Counsel are awarded attorneys’ fees,2 and reimbursement of 24 25 26 1 Capitalized terms not otherwise defined herein shall have the same meaning as ascribed to them in the parties’ Settlement Agreement. 2 27 The court wants to make very clear that its approval of the settlement agreement in this case should not be taken as approval of the reasonableness of billable rates plaintiffs’ counsel purportedly charges its clients. 28 [PROPOSED] ORDER FOR FINAL JUDGMENT Case No.: 09-CV-01253 LKK-GGH (TEMP) 2 1 expenses, disbursements, and costs, including mediator’s fees, settlement and claims 2 administration fees, in accordance with the terms of the Settlement Agreement. 3 4 5 LET JUDGMENT BE ENTERED ACCORDINGLY. 6 SO ORDERED this 11th day of April, 2011. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Rather, the court finds the fee award reasonable solely because it constitutes 30% of the entire settlement award. 3 28 [PROPOSED] ORDER FOR FINAL JUDGMENT Case No.: 09-CV-01253 LKK-GGH (TEMP)