Garcia et al v. Macy's West Stores, Inc. et al, No. 3:2016cv04440 - Document 127 (N.D. Cal. 2020)
Court Description: ORDER GRANTING FINAL APPROVAL TO CLASS ACTION SETTLEMENT; AND ENTERING FINAL JUDGMENT. Signed by Judge William H. Orrick on 08/27/2020. (jmdS, COURT STAFF) (Filed on 8/27/2020)
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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 RAMON GARCIA, an individual; VICTOR RAMIREZ, an individual; ADRIAN VALENTE, an individual; MARIO PINON, an individual; MYNOR CABRERA, an individual; Individually, and on Behalf of All Similarly Situated Individuals Plaintiffs, vs. MACY'S WEST STORES, INC., an Ohio corporation; JOSEPH ELETTO TRANSFER, INC., a New York corporation; XPO LOGISTICS, LLC, an Ohio corporation; and DOES 1 through 25, Inclusive, Defendants. CASE NO. 3:16-CV-04440-WHO [THE HONORABLE WILLIAM H. ORRICK] CLASS ACTION [AMENDED PROPOSED] ORDER: (1) GRANTING FINAL APPROVAL TO CLASS ACTION SETTLEMENT; AND (2) ENTERING FINAL JUDGMENT Date: July 8, 2020 Time: 2:00 p.m. th Courtroom: 2 (17 Floor) Action Filed: July 1, 2016 Complaint Removed: August 5, 2016 Trial: N/A 25 26 27 28 CASE NO. 3:16-CV-04440-WHO [AMENDED PROPOSED] ORDER 1 2 On July 8, 2020, a hearing was held on the Motions of Plaintiffs Adrian 3 Valente, Mario Pinon, and Mynor Cabrera (“Plaintiffs”) for final approval of their 4 class settlement memorialized in the Amended Joint Stipulation of Class Action 5 Settlement and Release, Dkt. No. 110-1 (the “Settlement”) with Defendants Macy’s 6 West Stores, Inc. and XPO Logistics, LLC (“Defendants”), and payments to the 7 Plaintiffs, Class Counsel and the Settlement Administrator. 8 The Parties have submitted their Settlement, which this Court preliminarily 9 approved by its October 30, 2020 Order (Docket No. 116) (the “Preliminary 10 Approval Order”). In accordance with the Preliminary Approval Order, Class 11 Members have been given notice of the terms of the Settlement and the opportunity 12 to comment on or object to it or to exclude themselves from its provisions. 13 Having received and considered the Settlement, the supporting papers filed by 14 the Parties, and the evidence and argument received by the Court before entering the 15 Preliminary Approval Order and at the final approval hearing, as well as the Second 16 Supplemental Brief in support of Plaintiffs' Motion for Final Approval the Court 17 grants final approval of the Settlement, enters this Final Approval Order, and 18 HEREBY ORDERS and MAKES DETERMINATIONS as follows: 19 20 21 22 23 1. Except as otherwise specified herein, the Court for purposes of this Final Approval Order and Judgment adopts all defined terms set forth in the Settlement. 2. The Court has jurisdiction over this action and the Settlement pursuant to 28 U.S.C. sections 1332(a) and 1332(d). 3. For settlement purposes, the Court confirms certification of the class 24 defined as: “All individuals who performed services as Drivers and/or Helpers 25 delivering Macy's products and/or furnishings, who did not sign a Delivery Service 26 Agreement with Defendants, and who were tendered loads at the location identified 27 as the Macy's Logistics and Operations distribution center, 1208 Whipple Road, 28 Union City, California 94587 between December 28, 2014 and the Preliminary Approval Date.” -1CASE NO.: 3:16-CV-04440-WHO [AMENDED PROPOSED] ORDER 1 2 4. Pursuant to the Preliminary Approval Order, the Notice of Proposed 3 Settlement of Class Action and Hearing Date for Final Court Approval (“Class 4 Notice”) was sent to each Class Member for which the Settlement Administrator had 5 an address by first-class mail. 6 Administrator, Susanna Webb of Kurtzman Carson Consultants (“KCC”) also 7 described other methods utilized to effectuate notice of the Class Notice to Class 8 Members, including, re-mailing, e-mailing, newspaper and radio advertisements, in- 9 depth search, toll-free call-in telephone lines, a claims website, and calling The declaration submitted by the Settlement 10 campaigns. 11 Settlement, the option to submit a Verified Claim Form, their right to receive a 12 Settlement Share, their right to comment on or object to the Settlement and/or the 13 attorneys’ fees and costs, their right to elect not to participate in the Settlement and 14 pursue their own remedies, and their right to appear in person or by counsel at the 15 final approval hearing and be heard regarding approval of the Settlement. Adequate 16 periods of time were provided by each of these procedures. 17 5. The Class Notice informed Class Members of the terms of the The Court finds and determines that this notice procedure afforded 18 adequate protections to Class Members and provides the basis for the Court to make 19 an informed decision regarding approval of the settlement based on the responses of 20 Class Members. The Court finds and determines that the notice provided in this case 21 was the best notice practicable, which satisfied the requirements of law and due 22 process. 23 6. Pursuant to the Class Action Fairness Act, 28 U.S.C. § 1711 et seq. 24 (“CAFA”), not later than ten days after Plaintiffs’ motion seeking preliminary 25 approval of the Settlement was filed in court, Defendant discharged its obligations 26 under CAFA to provide notice to the appropriate federal and state officials. The 27 notice of Settlement also invited comment on the Settlement. This Final Approval 28 Order is being issued more than ninety days after the later of the dates on which the appropriate federal and state officials were served with the notice of the Settlement. -2CASE NO.: 3:16-CV-04440-WHO [AMENDED PROPOSED] ORDER 1 2 Accordingly, the requirements under CAFA to provide notice to the appropriate 3 federal and state officials have been satisfied. 4 5 6 7. No Class Members filed written objections to the Settlement as part of this notice process. 8. For the reasons stated in the Preliminary Approval Order, the Court 7 finds and determines that the terms of the Settlement are fair, reasonable and adequate 8 to the Putative Class and each Settlement Class Member will be bound by the 9 Settlement, that the Settlement is ordered finally approved, and that all terms and 10 11 provisions of the Settlement should be and hereby are ordered to be consummated. 9. The Court finds and determines that the Gross Settlement Amount in the 12 amount of $3,500,000 and the Settlement Shares to be paid to the Participating Class 13 Members as provided for by the Settlement are fair and reasonable. The Court hereby 14 grants final approval to and orders the payment of those amounts be distributed to 15 the Settlement Class Members for whom the Settlement Administrator has a taxpayer 16 identification number, out of the Net Settlement Amount in accordance with the 17 Settlement, and the following two-step distribution scheme agreed by the Parties: 18 a. The Settlement Administrator shall perform an initial calculation 19 of the individual payments due to Settlement Class Members, and 20 within forty-five (45) days of the Effective Date, as set forth in 21 Paragraph 9(c) of the Settlement, distribute 80% of each 22 Settlement Class Member’s individual share for whom the 23 Settlement Administrator has a taxpayer identification number 24 (“First Distribution”). 25 b. The Settlement Administrator shall reserve 20% of the Settlement 26 Class Members’ individual shares in order to satisfy the 27 individual payments that may become due to Settlement Class 28 Members for whom the Settlement Administrator does not have a taxpayer identification number at the time of the First -3CASE NO.: 3:16-CV-04440-WHO [AMENDED PROPOSED] ORDER 1 Distribution. 2 3 c. During the ninety (90) days following the First Distribution 4 (“Waiting Period”), any Settlement Class Member for whom the 5 Settlement Administrator does not have a taxpayer identification 6 may provide his taxpayer identification number to the Settlement 7 Administrator and additional claim information so they may 8 receive an individual share in a second distribution. Pursuant to 9 Settlement Paragraph 9(f)-(g), the Settlement Administrator shall 10 inform the parties of any Settlement Class Members who provide 11 a taxpayer identification number during the Waiting Period, and 12 may adjust any compensation dispute in conformance with the 13 Settlement. 14 d. Within one hundred (100) days after the First Distribution, and 15 following the Waiting Period, the Settlement Administrator shall 16 perform a second, and final calculation of the individual 17 payments due to Settlement Class Members (“Final Distribution 18 Calculation”). The Settlement Administrator shall distribute the 19 remaining 20% of the Net Settlement Fund to pay the amounts 20 that remain due and owing to all Settlement Class Members 21 according to the Final Distribution Calculation (“Second 22 Distribution”). In the event of a shortfall in the Net Settlement 23 Amount, the individual shares of those Settlement Class Members 24 who provided their taxpayer identification after the First 25 Distribution occurred shall be reduced in equal amounts in 26 proportion to their individual shares such that the total amount 27 distributed does not exceed the Net Settlement Amount. 28 e. The Settlement Administrator shall include the cover letter attached as Exhibit “1” to the Supplemental Declaration of -4- CASE NO.: 3:16-CV-04440-WHO [AMENDED PROPOSED] ORDER 1 2 Armand R. Kizirian filed in support of Plaintiffs’ Motion for Final 3 Approval of Class Action Settlement along with checks mailed 4 out with the First Distribution so that Participating Class 5 Members are notified that a second settlement check may also be 6 sent to Participating Class Members as a part of the Second 7 Distribution specified in this Order. f. 8 After the First Distribution and Second Distribution, any amounts 9 that remain with the Settlement Administrator as a result of 10 uncashed checks shall be distributed to the cy pres beneficiary in 11 accordance with the timeline specified in Paragraph 10(d) of the 12 Settlement. g. 13 The terms of the Settlement remain unchanged, and it is the intent 14 of this two-step distribution process to permit those providing 15 taxpayer identification, or additional claim information, after the 16 First Distribution to share in the Net Settlement Amount as a 17 Settlement Class Member. 18 10. The Court finds and determines that the fees and expenses of KCC in 19 administrating the settlement, in the amount of $80,000, are fair and reasonable. The 20 Court hereby grants final approval to and orders that the payment of that amount be 21 paid out of the Gross Settlement Amount in accordance with the Settlement. 22 11. The Court finds and determines that the request by Plaintiff and Class 23 Counsel to pay the Class Representative Service Payment and the attorneys’ fees and 24 costs pursuant to the Settlement are fair and reasonable. The Court hereby grants 25 final approval to and orders that payments of $5,000.00 each to Plaintiffs Mario 26 Pinon, Adrian Valente, and Mynor Cabrera (collectively $15,000) for their Class 27 Representative Enhancement payments, $875,000.00 for attorneys’ fees to Class 28 Counsel, and $45,325.20 for reimbursement of costs be paid out of the Gross Settlement Amount in accordance with the Settlement. -5CASE NO.: 3:16-CV-04440-WHO [AMENDED PROPOSED] ORDER 1 2 12. As of the Effective Date as defined in the Settlement, all Settlement 3 Class Members, except those who have requested exclusion from the Settlement, and 4 their successors, shall conclusively be deemed to have given full releases of any and 5 all Class Released Claims against all Released Parties, as those terms are defined in 6 the Settlement, and all such Settlement Class Members and their successors shall be 7 permanently enjoined and forever barred from asserting any released claims against 8 any Released Parties as described in the Amended Joint Stipulation of Class Action 9 Settlement and Release (Dkt. No. 110-1). 10 13. As of the Effective Date, Plaintiffs hereby fully, finally, and forever 11 settle and release any and all claims against Defendants as described in the Joint 12 Stipulation of Class Action Settlement and Release (Dkt. No. 110-1)). 13 14. Nothing in this order shall preclude any action to enforce the Parties’ 14 obligations under the Settlement or under this order, including the requirement that 15 Defendant make payment in accordance with the Settlement. 16 15. If, for any reason, the Settlement ultimately does not become Final (as 17 defined by the Settlement), this Final Approval Order will be vacated; the Parties will 18 return to their respective positions in this action as those positions existed 19 immediately before the Parties executed the Settlement; and nothing stated in the 20 Settlement or any other papers filed with this Court in connection with the Settlement 21 will be deemed an admission of any kind by any of the Parties or used as evidence 22 against, or over the objection of, any of the Parties for any purpose in this action or 23 in any other action. 24 16. The Parties entered into the Settlement solely for the purpose of 25 compromising and settling disputed claims. 26 violation of law or any liability whatsoever to Plaintiffs and the Settlement Class 27 Members, individually or collectively, and all such liability is expressly denied by 28 Defendants. 17. Defendants in no way admit any By means of this Final Approval Order, this Court hereby enters final -6- CASE NO.: 3:16-CV-04440-WHO [AMENDED PROPOSED] ORDER 1 2 3 judgment in this action, as defined in Rule 58(a)(1), Federal Rules of Civil Procedure. 18. Without affecting the finality of this Final Approval Order in any way, 4 the Court retains jurisdiction of all matters relating to the interpretation, 5 administration, implementation, effectuation and enforcement of this order and the 6 Settlement. 7 8 9 19. The Parties are hereby ordered to comply with the terms of the Settlement. 20. Within 21 days after the distribution of the settlement funds and 10 payment of attorneys’ fees, the Parties shall file a Post-Distribution Accounting in 11 accordance with the requirements set forth in the United States District Court 12 Northern District of California’s Procedural Guidance for Class Action Settlements 13 (https://www.cand.uscourts.gov/forms/procedural-guidance-for-class-action- 14 settlements/). 15 16 17 21. This action is dismissed with prejudice, each side to bear its own costs and attorneys’ fees except as provided by the Settlement and this Order. DATED: August 27, 2020_____________ 18 19 HON. WILLIAM H. ORRICK JUDGE OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 20 21 22 23 4831-4031-7639, v. 1 24 25 26 27 28 -7CASE NO.: 3:16-CV-04440-WHO [AMENDED PROPOSED] ORDER
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