Brooks v. Williams Tank Lines et al, No. 3:2010cv01404 - Document 87 (N.D. Cal. 2011)
Court Description: ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT, CLASS REPRESENTATIVE SERVICE AWARD, ORDERING ATTORNEYS' FEES AND COSTS, AND JUDGMENT by Judge Alsup granting 78 Motion for Settlement; granting 83 Motion for Attorney Fees (whalc2, COURT STAFF) (Filed on 9/29/2011)
Download PDF
<![CDATA[
Brooks v. Williams Tank Lines et al Doc. 87 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 RONNIE BROOKS, on behalf of himself and others similarly situated, 15 16 17 [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS , ACTION SETTLEMENT, CLASS SERVICE REPRESENTATIVE ENHANCEMENT AWARD, ORDERING ATTORNEYS’ FEES AND COSTS, AND JUDGMENT Plaintiff, 13 14 Case No. 10-CV-1404 WHA vs. WILLIAMS TANK LINES, a California corporation; MICHAEL WILLIAMS, an individual; MARK LILL, an individual; and DOES 1 through50, inclusive Date: September 28, 2011 Time: 2:00 p.m. Courtroom: 9 Judge: Honorable William H. Alsup Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 [Proposed] Order Granting Final Approval of Class Action Settlement, Class Representative Enhancement Award, Ordering Attorneys’ Fees and Costs, and Judgment Dockets.Justia.com 1 TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD: 2 Before the Court is Plaintiff’s Notice of Motion and Motion for Final Approval of Class 3 and Collective Action Settlement and Plaintiff’s Notice of Motion and Motion for Award of 4 Attorneys’ Fees and Costs. The proposed hybrid class and collective settlement in this case was 5 preliminarily approved by this Court on May 13, 2011. Pursuant to the Court’s Preliminary 6 Approval Order and Notice provided to the Class, the Court conducted a fairness hearing on 7 September 28, 2011. Consistent with the Court’s Preliminary Approval Order (“Preliminary 8 Approval Order”), filed and entered May 13, 2011, and as set forth in the Joint Stipulation of 9 Settlement and Release Between Plaintiff and Defendants (“Stipulation” or “Settlement”) in the 10 Action, and due and adequate notice having been given to all Class Members as required in the 11 Preliminary Approval Order, and the Court having considered all papers filed, objections 12 submitted, arguments made, and proceedings had herein, and otherwise being fully informed and 13 good cause appearing therefore, it is hereby ORDERED, ADJUDGED AND DECREED AS 14 FOLLOWS: 15 1. All terms used herein shall have the same meaning as defined in the Stipulation. 16 2. This Court has jurisdiction over the subject matter of this Action and over all 17 18 Parties to this Action, including all Class Members. 3. Consistent with the definitions provided in the Stipulation, the “FLSA Plaintiffs” 19 shall consist of all persons employed as drivers by Defendants in California between April 2, 20 2006 and May 13, 2011, who affirmatively opt into the Settlement by cashing a Settlement 21 Award. The “California Class” shall consist of all persons employed as drivers by Defendants in 22 California between April 2, 2006 and May 13, 2011, except for four persons who submitted 23 timely and valid Requests for Exclusion (i.e., opted out of the Settlement) and ten persons whose 24 notices were returned undeliverable with no forwarding address. The FLSA Plaintiffs and the 25 California Class are referred to collectively as the “Settlement Classes” and “Class Member(s).” 26 The Settlement Administrator’s records as to who opts in as FLSA Plaintiffs by cashing a 27 Settlement Award, and as to who opts out of the California Class by submitting a valid Request 28 for Exclusion, are final and binding. Following the deadline for cashing the first settlement award 2 [Proposed] Order Granting Final Approval of Class Action Settlement, Class Representative Enhancement Award, Ordering Attorneys’ Fees and Costs, and Judgment 1 checks, the Parties shall submit a declaration from the Claims Administrator identifying those 2 persons who cashed the first settlement award checks, and thereby affirmatively opted in as FLSA 3 Plaintiffs; upon doing so, all such persons are hereby determined to be FLSA Plaintiffs, and to 4 have released their FLSA claims as provided in the Settlement. 5 4. Distribution of the Notice directed to the Class Members as set forth in the 6 Stipulation and the other matters set forth therein have been completed in conformity with the 7 Preliminary Approval Order, including individual notice to all Class Members who could be 8 identified through reasonable effort, and the best notice practicable under the circumstances. The 9 ten Class Members whose Notices were returned undeliverable with no forwarding addresses are 10 excluded from the Settlement Classes, are not bound by the Settlement, and will not receive any 11 Settlement Awards. The Notice provided due and adequate notice of the proceedings and of the 12 matters set forth therein, including the proposed Settlement set forth in the Stipulation, to all 13 persons entitled to such Notice, and the Notice fully satisfied the requirements of due process. 14 All Class Members and all Released Claims are covered by and included within the Settlement 15 and this Final Order as provided herein. 16 5. The Court finds the Settlement was entered into in good faith. The Court approves 17 the Settlement set forth in the Stipulation and finds that the Settlement is, in all respects, fair, 18 adequate and reasonable, and directs the Parties to effectuate the Settlement according to its 19 terms. The Court finds that the Settlement has been reached as a result of intensive, serious and 20 non-collusive arms-length negotiations. The Court further finds that the Parties have conducted 21 extensive and costly investigation and research, and counsel for the Parties are able to reasonably 22 evaluate their respective positions. The Court also finds that Settlement at this time will avoid 23 additional substantial costs, as well as avoid the delay and risks that would be presented by the 24 further prosecution of the Action. The Court has reviewed the benefits that are being granted as 25 part of the Settlement and recognizes the significant value to the Class Members. The Court also 26 finds that the Settlement Classes are properly certified as a class action Rule 23(b)(3) and as a 27 collective action under 29 U.S.C. 216(b) of the Fair Labor Standard Act for settlement purposes 28 only. The Settlement is hereby finally approved. 3 [Proposed] Order Granting Final Approval of Class Action Settlement, Class Representative Enhancement Award, Ordering Attorneys’ Fees and Costs, and Judgment 1 6. As of the date of entry of this Final Order, and except as to such rights or claims as 2 may be created by this Stipulation of Settlement, each Class Member fully releases and 3 discharges Defendants, their present and former parent companies, subsidiaries, related or 4 affiliated companies, shareholders, officers, directors, employees, agents, attorneys, insurers, 5 successors and assigns, and any individual or entity which could be jointly liable with Defendants 6 (“Released Parties”), from any and all claims, debts, liabilities, demands, obligations, guarantees, 7 costs, expenses, attorneys’ fees, damages, action or causes of action of any nature under state, 8 federal or local law arising out of Plaintiff’s causes of action for failure to pay wages and 9 overtime wages under the Fair Labor Standards Act, 29 USC section 201, et seq. (except as set 10 forth below), and for failure to provide meal periods under California Labor Code sections 226.7 11 and 512 and California Industrial Welfare Commission Wage Order 9-2004, as amended, failure 12 to authorize and permit rest periods under California Labor Code sections 226.7 and 512 and 13 California Industrial Welfare Commission Wage Order 9-2004, as amended, failure to pay wages 14 for hours worked under California Labor Code section 204, et seq., failure to timely pay earned 15 wages under California Labor Code sections 201-203, et seq., unfair, unlawful and fraudulent acts 16 in violation of California Business and Professions Code section 17200, et seq., penalties for 17 violations of the California Private Attorneys’ General Act under California Labor Code Sections 18 2698, et seq., and any other claims whatsoever alleged in this Action, including without limitation 19 all claims for unpaid wages and overtime, class claims, collective claims, representative claims, 20 restitution, injunctive relief, declaratory relief and other equitable relief, liquidated damages, 21 waiting-time penalties, penalties, unfair competition, unlawful business practices, unfair business 22 practices, fraudulent business practices, other compensation or benefits including 401K benefits 23 or matching benefits, retirement or deferred compensation benefits claimed on account of alleged 24 unpaid wages, interest, attorneys’ fees and costs, from April 2, 2006 through and including the 25 date of this Final Order (“Released Claims”). Only FLSA Plaintiffs release the FLSA claims; 26 Class Members who did not opt out of the California Class and are not FLSA Plaintiffs (do not 27 cash the first settlement check), do not release the FSLA claims, but release all other Released 28 Claims. The Released Claims do not include workers’ compensation claims or any claims arising 4 [Proposed] Order Granting Final Approval of Class Action Settlement, Class Representative Enhancement Award, Ordering Attorneys’ Fees and Costs, and Judgment 1 out of the employment relationship that are not enumerated as Released Claims, such as wrongful 2 termination, discrimination, harassment or retaliation. By and through this Settlement each Class 3 Member forever agrees he/she shall not be entitled to pursue, accept or recover damages for any 4 Released Claims against the Released Parties from April 2, 2006 through and including the date 5 of this Final Order. The Court hereby finds and orders that the Settlement is and constitutes a 6 fair, reasonable and adequate compromise of the Released Claims against Defendants and the 7 Released Parties. 8 7. Neither the Settlement nor any of the terms set forth in the Stipulation is an 9 admission by Defendants, or any of the other Released Parties, nor is this Final Order a finding of 10 the validity of any claims in the Action or of any wrongdoing by Defendants, or any of the other 11 Released Parties. Notwithstanding these restrictions, any of the Released Parties may file in the 12 Action, or submit in any other proceeding, the Final Order, the Stipulation, and any other papers 13 and records on file in the Action as evidence of the Settlement to support a defense of res 14 judicata, collateral estoppel, release, or other theory of claim or issue preclusion or similar 15 defense as to the Released Claims. 16 8. The Court hereby enters judgment, and dismissal of the entire Action with 17 prejudice, as of the filing date of this Final Order, pursuant to the terms set forth in the 18 Settlement. Without affecting the finality of this Final Order in any way, the Court hereby retains 19 continuing jurisdiction over the interpretation, implementation and enforcement of the Settlement 20 and all orders entered in connection therewith to the fullest extent necessary or convenient to 21 enforce and effectuate the terms of the Settlement and the matters provided for therein. The Court 22 will retain jurisdiction to enforce the Settlement up to December 31, 2012. 23 9. The Court hereby finds the settlement payments provided for under the Settlement 24 to be fair and reasonable in light of all the circumstances. The Court, therefore, orders the 25 calculations and the payments to be made and administered in accordance with the terms of the 26 Settlement. 27 10. 28 The Court hereby confirms the Minami Tamaki LLP and AJ Kutchins as Class Counsel. 5 [Proposed] Order Granting Final Approval of Class Action Settlement, Class Representative Enhancement Award, Ordering Attorneys’ Fees and Costs, and Judgment 1 11. Pursuant to the terms of the Settlement, and the authorities, evidence and argument 2 submitted by Class Counsel, the Court hereby awards Class Counsel attorneys’ fees in the amount 3 350,000 350, 000 350,000 15,769.16 0 of $_______________, and attorneys’ costs and expenses in the amount of $___0_______, from 4 the Maximum Settlement Amount as final payment for and complete satisfaction of any and all 5 attorneys’ fees and costs incurred by and/or owed to Class Counsel and any other person or entity 6 related to the Action. The Court further orders that the award of attorneys’ fees and costs set 7 forth in this Paragraph shall be administered pursuant to the terms of the Settlement and 8 transferred and/or made payable to the Minami Tamaki, LLP and AJ Kutchins as Class Counsel; 9 the allocation of the award of attorneys’ fees and costs among Class Counsel is based on a 10 11 separate agreement between Class Counsel in the Action. 12. Named Plaintiff Ronnie Brooks has applied for compensation for his time and 12 effort spent on behalf of Class Members, the financial losses that he has incurred, and in 13 exchange for his general release of all potential legal claims against Defendants. The Court 14 25,000 25,000 hereby approves and orders a service award of $____________ to Plaintiff Ronnie Brooks from 15 the Maximum Settlement Amount for acting as the Class Representative. 16 13. The Court orders that $10,000 of the Maximum Settlement Amount shall be 17 allocated to Plaintiff’s claims under the California Private Attorneys General Act (“PAGA”). 18 Seventy-five percent of this amount, or $7,500, will be paid to the State of California pursuant to 19 the PAGA. 20 14. The Court confirms the scholarship program of the Truckers United Fraternity, 21 Super Offspring of the Boss (TUFSOB) and the Impact Fund, as the intended cy pres recipients 22 for any potential un-cashed settlement checks; 50 percent will be paid to the scholarship program 23 of the TUFSOB, which is a IRC 501(c)(3) public charity under the federal tax code benefiting 24 employees and children of employees who work for private trucking companies; 50 percent will 25 be paid to the Impact Fund, also an IRC 501(c)(3) entity, which provides support for class actions 26 on behalf of low wage workers. 27 28 15. The Court also hereby approves and orders payment from the Maximum Settlement Amount for the actual claims administration expenses incurred by Simpluris, Inc., not 6 [Proposed] Order Granting Final Approval of Class Action Settlement, Class Representative Enhancement Award, Ordering Attorneys’ Fees and Costs, and Judgment 1 to exceed $26,000. 2 16. The Court also hereby overrules two objections to the Settlement. 3 17. The Settlement shall become effective upon the Effective Date as provided in the 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Stipulation. 18. The Court orders the following payment schedule consistent with the terms of the Settlement, provided the Settlement becomes effective as provided herein: Deadline for Claims Administrator to pay 50 a. percent of the Settlement Awards (the first check), the Enhancement Award, and the Attorneys’ Fees and Costs (if Settlement is Effective) December 27, 2011 [60 calendar days after the Effective Date; the earliest possible Effective Date under the Settlement is October 28, 2011, assuming no appeals are filed within 30 calendar days after entry of the Final Order] Deadline for Claims Administrator to April 25, 2012 b. Identify FLSA Plaintiffs (i.e., those persons who cashed the first settlement checks) (if [120 calendar days after first Settlement is Effective) settlement award checks are issues, i.e., 30 calendar days after the expiration date of the first settlement award checks which are valid for 90 calendar days] Deadline for Claims Administrator to pay the September 28, 2012 c. final 50 percent of the Settlement Awards (the second check), the Enhancement Award, and the Attorneys’ Fees and Costs (if Settlement is Effective) Deadline for Claims Administrator to File December 27, 2012 d. Proof of Payment of Settlement Awards, Enhancement Award, Attorneys’ Fees and [90 calendar days after the final Costs (if Settlement is Effective) 50% of the Settlement is paid] 22 23 24 IT IS SO ORDERED. September 28, 2011. Dated: September 29,________________ 29, _________________________________ Honorable William H. Alsup William Alsup William Alsup Judge of the United States District JUDGE UNITED STATES DISTRICT Court UNITED STATES DISTRICT JUDGE 25 26 27 4819-0833-1018, v. 1 28 7 [Proposed] Order Granting Final Approval of Class Action Settlement, Class Representative Enhancement Award, Ordering Attorneys’ Fees and Costs, and Judgment
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
