Lopez et al v. Sodexo, Inc. et al.,, No. 2:2016cv02120 - Document 46 (E.D. Cal. 2018)

Court Description: ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND ENTERING FINAL JUDGMENT signed by District Judge Leslie E. Kobayashi on 07/31/18. CASE CLOSED (Benson, A.)
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Lopez et al v. Sodexo, Inc. et al., 1 Doc. 46 (Counsel of record on next page) 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 MARIA LUISA MEJIA, ELVIRA MUNGIA LOPEZ, MARIA BENAVIDEZ, and MARTIN MONTER, individually and acting in the interest of other current and former employees, 14 No. 16-cv-02120-LEK CLASS ACTION ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND ENTERING FINAL JUDGMENT Plaintiffs, 15 vs. 16 17 18 19 20 SODEXO, INC., a Delaware corporation; SDH SERVICES WEST, LLC, a Delaware limited liability company (and wholly owned and controlled subsidiary of SODEXO, INC.), and DOES 1 through 20, inclusive, Date: July 9, 2018 Time: 12:45 p.m. Courtroom: 4, 15th Floor 501 I Street Sacramento, CA 95814 Judge: Hon. Leslie E. Kobayashi Defendants. 21 22 23 24 25 26 27 28 ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT U.S.D.C., E.D. Cal., No. No. 16-cv-02120-LEK Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 STAN S. MALLISON (SBN 184191) stanm@themmlawfirm.com HECTOR R. MARTINEZ (SBN 206336) hectorm@themmlawfirm.com MARCO A. PALAU (SBN 242340) mpalau@themmlawfirm.com JOSEPH D. SUTTON (SBN 269951) jsutton@themmlawfirm.com ERIC S. TRABUCCO (SBN 295473) etrabucco@themmlawfirm.com HILARY HAMMELL (SBN 291347) hhammell@themmlawfirm.com MALLISON & MARTINEZ 1939 Harrison Street, Suite 730 Oakland, California 94612 Telephone: (510) 832-9999 Facsimile: (510) 832-1101 Attorneys for Plaintiffs Maria Luisa Mejia, Elvira Mungia Lopez, Maria Benavidez, and Martin Monter 11 12 13 14 15 16 17 18 19 JEFFREY D. WOHL (Cal. State Bar No. 096838) JULLIE Z. LAL (Cal. State Bar No. 279067) W. TUCKER PAGE (Cal. State Bar No. 306728) PAUL HASTINGS LLP 101 California Street, 48th Floor San Francisco, California 94111 Telephone: (415) 856-7000 Facsimile: (415) 856-7100 E-mail: jeffwohl@paulhastings.com jullielal@paulhastings.com tuckerpage@paulhastings.com Attorneys for Defendants Sodexo, Inc., and SDH Services West, LLC 20 21 22 23 24 25 26 27 28 ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT U.S.D.C., E.D. Cal., No. 16-cv-02120-LEK LEGAL_US_W # 91588295.1 1 On July 9, 2018, a hearing was held on the joint motion Maria Benavides, Elvira Mungia 2 Lopez, Maria Luisa Mejia, and Martin Monter (collectively “Plaintiffs”) and defendants Sodexo, 3 Inc., and SDH Services West, LLC (collectively in the singular, “Sodexo”), for final approval of 4 their class settlement (the “Settlement”) and payment to the Settlement Administrator. Stan S. 5 Mallison and Joseph D. Sutton of Mallison & Martinez appeared for plaintiffs; and Jeffrey D. 6 Wohl, Jullie Z. Lal and W. Tucker Page of Paul Hastings LLP appeared for Sodexo. 7 The parties have submitted their Settlement, which this Court preliminarily approved by its 8 order entered on March 7, 2018. In accordance with the Preliminary Approval Order, Class 9 Members have been given notice of the terms of the Settlement and the opportunity to object to it 10 or to exclude themselves from its provisions. 11 Having received and considered the Settlement, the supporting papers filed by the parties, 12 and the evidence and argument received by the Court at the hearing before it entered the 13 Preliminary Approval Order and at the final approval hearing on July 9, 2018, the Court grants 14 final approval of the Settlement, and HEREBY ORDERS and MAKES DETERMINATIONS as 15 follows: 16 1. Pursuant to the Preliminary Approval Order, a Notice of Proposed Settlement, 17 Conditional Certification of Settlement Class, Preliminary Approval of Settlement, and Hearing 18 Date for Final Court Approval; a Claim Form; and an Election Not to Participate in Settlement 19 were sent to each Class Member by first-class mail. These papers informed Class Members of the 20 terms of the Settlement, their right to receive a Settlement Share, their right to object to the 21 Settlement or to elect not to participate in the Settlement and pursue their own remedies, and their 22 right to appear in person or by counsel at the final approval hearing and be heard regarding 23 approval of the Settlement. Adequate periods of time were provided by each of these procedures. 24 Zero Class Members filed written objections to the proposed Settlement as part of this notice 25 period or stated an intention to appear at the final approval hearing. 26 determines that this notice procedure afforded adequate protections to Class Members and provides 27 the basis for the Court to make an informed decision regarding approval of the Settlement based on 28 the responses of Class Members. The Court finds and determines that the notice provided in this The Court finds and ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT U.S.D.C., E.D. Cal., No. 16-cv-02120-LEK LEGAL_US_W # 91588295.1 1 2 case was the best notice practicable and satisfied the requirements of law and due process. 2. In addition to the notice to the Class, pursuant to the Class Action Fairness Act of 3 2005, 28 U.S.C. § 1715 (“CAFA”), the Attorney General of the United States and the appropriate 4 state official in each state in which a Class Member resides have been given notice of the 5 Settlement. 6 approval of the Settlement was filed with the Court, Sodexo served upon the appropriate state 7 official of each state in which a Class Member resides and the appropriate federal official a notice 8 of the Settlement consisting of: copies of the complaint in this action; a notice of the scheduled 9 judicial hearings in this class action; copies of the Settlement Agreement, proposed notices of class 10 action settlement and Class Members’ right to request exclusion from the class; and the names of 11 Class Members who reside in each state and the estimated proportionate share of the claims of 12 Class Members in each state to the entire Settlement. The notice of Settlement also invited 13 comment on the Settlement. The Court finds and determines that Sodexo’s notice of the Settlement 14 was timely, adequate, and compliant with the statutory requirements of CAFA. Accordingly, 28 15 U.S.C. section 1715(e) has no application to the Settlement. 16 3. Pursuant to CAFA, not later than 10 days after the motion seeking preliminary For the reasons stated in the Preliminary Approval Order, the Court finds and 17 determines that the proposed Class, as defined in the definitions section of the Settlement and 18 conditionally certified by the Preliminary Approval Order, meets all of the legal requirements for 19 class certification, and it is hereby ordered that the Class is finally approved and certified as a class 20 for purposes of the Settlement. 21 4. The Court further finds and determines that the terms of the Settlement are fair, 22 reasonable and adequate to the Class and to each Class Member and that the Class Members who 23 did not timely submit valid elections not to participate in the Settlement in accordance with the 24 Settlement Agreement and the Preliminary Approval Order will be bound by the Settlement, that 25 the Settlement is ordered finally approved, and that all terms and provisions of the Settlement 26 should be and hereby are ordered to be consummated. 27 28 5. The Court finds and determines that the Settlement Shares to be paid to the Class Members who timely submitted valid claim forms, as provided for by the Settlement, are fair and -2- ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT U.S.D.C., E.D. Cal., No. NO. 16-CV-02120-LEK 1 reasonable. The Court hereby grants final approval to and orders the payment of those amounts be 2 made to the Class Members who timely submitted valid claim forms out of the Net Settlement 3 Amount in accordance with the Settlement. 4 6. The Court finds and determines that the fees and expenses in administrating the 5 Settlement, in the amount of $13.730.00, are fair and reasonable. The Court hereby gives final 6 approval to and orders that amount be paid out of the Maximum Settlement Amount in accordance 7 with the Settlement. 8 9 10 7. The Court determines by separate order the request by plaintiffs and Class Counsel to the Class Representative Payments and the Class Counsel Fees and Expenses Payment. 8. Without affecting the finality of this order in any way, the Court retains jurisdiction 11 of all matters relating to the interpretation, administration, implementation, effectuation and 12 enforcement of this order and the Settlement. 13 9. Nothing in this order will preclude any action to enforce the parties’ obligations 14 under the Settlement or under this order, including the requirement that Sodexo make payments to 15 the Class Members in accordance with the Settlement. 16 17 18 10. Upon completion of administration of the Settlement, the Settlement Administrator will provide written certification of such completion to the Court and counsel for the parties. 11. Pursuant to the Settlement, plaintiffs and all Class Members who did not timely 19 submit valid elections not to participate are permanently barred from prosecuting against Sodexo, 20 and its parents, predecessors, successors, subsidiaries, affiliates, joint ventures, and trusts 21 (including all Sodexo Employers as defined in the Settlement), and all of its employees, officers, 22 agents, attorneys, stockholders, fiduciaries, other service providers, and related persons and 23 entities, and assigns, any of the claims released by them under the Settlement. 24 12. The parties are hereby ordered to comply with the terms of the Settlement. 25 13. The Court hereby enters final judgment in accordance with the terms of the 26 Settlement Agreement, the Order Granting Preliminary Approval of Class Action Settlement filed 27 on March 7, 2018, and this order. 28 14. This document will constitute a final judgment (and a separate document -3- ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT U.S.D.C., E.D. Cal., No. NO. 16-CV-02120-LEK 1 2 3 constituting the judgment) for purposes of Rule 58, Federal Rules of Civil Procedure. The Parties will bear their own costs and attorneys’ fees except as otherwise provided by the Court’s order granting the Class Counsel Fees and Expenses Payment. 4 5 IT IS SO ORDERED. 6 Dated: July 31, 2018. 7 8 /s/ Leslie E. Kobayashi Leslie E. Kobayashi United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT U.S.D.C., E.D. Cal., No. NO. 16-CV-02120-LEK