Vaca v. International Paper Company et al, No. 5:2012cv01425 - Document 47 (N.D. Cal. 2013)
Court Description: ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT OF DISMISSAL. Signed by Judge Paul S. Grewal on December 12, 2013. (psglc2, COURT STAFF) (Filed on 12/12/2013)
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Vaca v. International Paper Company et al Doc. 47 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 Case No. 5:12-cv-01425-PSG RAYMOND VACA, individually, and on 11 behalf of All Others Similarly Situated for the Benefit of All with Common or General 12 Interest, 13 14 CLASS ACTION Plaintiff, [AMENDED PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT OF DISMISSAL vs. 15 TIN, INC., dba TEMPLE-INLAND, INC.; 16 INTERNATIONAL PAPER COMPANY, inclusive, 17 18 Defendants. Date: Time: Before: 19 20 December 10, 2013 10:00 a.m. Magistrate Judge Paul Singh Grewal Courtroom 5 – 4th Floor / 21 22 This matter came on for hearing on December 10, 2013, upon Plaintiff’s Motion for Final 23 Approval of the proposed settlement of this action on the terms set forth in the Stipulation and 24 Settlement Agreement of Class Action and Individual Claims (the “Agreement”) attached hereto 25 as Exhibit 1. Due and adequate notice having been given to the members of the Settlement Class, 26 and the Court having considered the Agreement, all papers and proceedings held herein, and all 27 oral and written comments received regarding the proposed Settlement, and having reviewed the 28 entire record in this action, Raymond Vaca, and all others similarly situated v. TIN, Inc., dba 1 [AMENDED PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT OF DISMISSAL CASE NO. 5:12-CV-01425-PSG Dockets.Justia.com 1 Temple-Inland, Inc., and International Paper Company, Case No. 5:12-cv-01425-PSG, (“the 2 Action”), and good cause appearing, finds that: 3 WHEREAS, Plaintiff has alleged claims against Defendants TIN, Inc., dba Temple- 4 Inland, Inc. and International Paper Company (“Defendants”) on behalf of himself and all 5 persons who worked as Corrugator or Converter Facilitators, Supervisors, Lead Men, or Working 6 Foremen in a plant operated by TIN, Inc. dba Temple-Inland, Inc. in the state of California at any 7 time between January 26, 2008 and the date of Preliminary Approval; and 8 WHEREAS, Plaintiff asserts claims for (1) failure to pay overtime in violation of Labor 9 Code sections 510 and 1194; (2) failure to provide meal or rest periods or compensation in place 10 of those rest periods; (3) knowing and willful failure to comply with the wage statement 11 provisions of Labor Code section 226(a)(e); (4) violation of California’s unfair competition law 12 as codified at Business and Professions Code section 17200; and (5) Private Attorneys General 13 Act (“PAGA”) penalties pursuant to California Labor Code Section 2699; and 14 WHEREAS, Defendants expressly deny the allegations of wrongdoing and violations of 15 law alleged in this Action; claim that they always properly classified and compensated their 16 employees; and further deny any liability whatsoever to Plaintiff or to the Class Members; and 17 WHEREAS, without admitting any liability, claim or defense, the Parties determined that 18 it was mutually advantageous to settle this Action and avoid the costs, delay, uncertainty and 19 business disruption of ongoing litigation; and 20 WHEREAS, the parties agreed to resolve the Action and entered into the Agreement on 21 May 31, 2013, setting forth the terms of the Settlement in this Action; and 22 WHEREAS, this Court granted preliminary approval of the parties’ Agreement in this 23 Action on June 13, 2013 (“Preliminary Approval Order”); and 24 WHEREAS, notice to the Class members was sent in accordance with the Agreement and 25 the Preliminary Approval Order; and 26 WHEREAS, a fairness hearing on the proposed Settlement having been duly held and a 27 decision reached, 28 /// 2 [AMENDED PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT OF DISMISSAL CASE NO. 5:12-CV-01425-PSG 1 NOW, therefore, the Court grants Final Approval of the Settlement, and 2 IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 3 1. To the extent defined in the Stipulation and Settlement Agreement of Class Action 4 and Individual Claims, attached hereto as Exhibit 1 and incorporated herein by reference, the 5 terms in this Order shall have the meanings set forth therein. 6 2. The Court has jurisdiction over the subject matter of this Action, Plaintiff, 7 Defendants, and the Class. 8 3. The Court has determined that the notice given to the Class fully and accurately 9 informed all persons in the Class of all material elements of the proposed Settlement – including 10 the plan of distribution of the Settlement Amount, the application for Incentive Award to the 11 Class Representative and the application for a Fee and Expense Award to Class Counsel – 12 constituted the best notice practicable under the circumstances, constituted valid, due and 13 sufficient notice to all Class members, and complied fully with Rule 23 of the Federal Rules of 14 Civil Procedure, the United States Constitution, and any other applicable laws. 15 4. The Court hereby grants the Motion for Final Approval of the Settlement and 16 approves the Agreement as fair, reasonable and adequate in all respects to the Class Members 17 pursuant to Rule 23 of the Federal Rules of Civil Procedure, and orders the parties to 18 consummate the Settlement in accordance with the terms of the Agreement. 19 5. The plan of distribution as set forth in the Agreement providing for the 20 distribution of the Net Settlement Amount to Settlement Class Members is approved as being 21 fair, reasonable, and adequate pursuant to Rule 23 of the Federal Rules of Civil Procedure. 22 6. As previously found in the Court’s Preliminary Approval Order, the Class, for 23 settlement purposes only, is appropriate under Fed. R. Civ. P. 23 and related case law and is 24 defined as follows: 25 26 27 all persons who, according to IP’s payroll records, worked as Corrugator or Converter Facilitators, Supervisors, Lead Men, or Working Foremen in a plant operated by TIN, Inc. dba Temple-Inland, Inc. in the state of California at any time between January 26, 2008 and the date of Preliminary Approval. 28 /// 3 [AMENDED PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT OF DISMISSAL CASE NO. 5:12-CV-01425-PSG 1 7. As previously found in the Court’s Preliminary Approval Order, the Court 2 appoints as Class Counsel, the law firms of Rudy, Exelrod, Zieff & Lowe, LLP and JHA Law 3 Offices. 4 8. The Court approves the payment of the Fee and Expense Award in the amount of 5 $718,750 to Class Counsel in attorneys’ fees plus an amount not to exceed $10,000.00 in Class 6 Counsel’s actual out-of-pocket expenses, which shall be paid from, and not in addition to, the 7 Total Maximum Settlement Amount. 8 9. The Court approves the payment of reasonable Administration Costs to the Claims 9 Administrator, KCC, in an amount not to exceed $30,000.00, which shall be paid from, and not in 10 addition to, the Total Maximum Settlement Amount. 11 10. The Court approves an Incentive Award to Class Representative Raymond Vaca 12 in the amount of $5,000.00, which shall be paid from, and not in addition to, the Total Maximum 13 Settlement Amount. 14 11. The Court approves the payment of $7,500.00 from, and not in addition to, the 15 Settlement Amount to the California Labor and Workforce Development Agency as its share of 16 the $10,000.00 PAGA Payment, which shall be paid from, and not in addition to, the Total 17 Maximum Settlement Amount. 18 12. The Court hereby dismisses this Action with prejudice. Without affecting the 19 finality of this Final Judgment and Order, the Court reserves exclusive and continuing 20 jurisdiction over the Action, the Class Representative Raymond Vaca, the Class, and the 21 Defendants for the purposes of: (a) supervising the implementation, enforcement, construction, 22 and interpretation of the Agreement, the Preliminary Approval Order, the distribution of the 23 Settlement Payment, the Final Judgment and Order; and (b) hearing and determining the 24 application by Class Counsel for an award of attorneys’ fees, costs, and expenses, which hearings 25 shall take place concurrently with the hearing for this Order. 26 13. At the hearing on this Motion, the parties brought to the Court’s attention that 27 Defendant recently sent notice of this Settlement to several state Attorneys General who had not 28 previously received notice pursuant to 28 U.S.C. § 1715(b). The Court therefore reserves 4 [AMENDED PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT OF DISMISSAL CASE NO. 5:12-CV-01425-PSG 1 exclusive and continuing jurisdiction over the Action, the Class Representative Raymond Vaca, 2 the Class, and the Defendants for the purpose of modifying this Order to address any response to 3 the recently sent notice. No distributions of the Settlement Amount shall occur until the 4 expiration of 90 days from the date notice was sent to the state Attorneys General as required by 5 28 U.S.C. § 1715(b). 6 14. Upon entry of this Final Judgment and Order, and by operation of this Final 7 Judgment and Order, the claims in this Action of each Class Member against Defendants and 8 against any and all of the Releasees as defined in the Agreement, are fully, finally, and forever 9 released, relinquished and discharged pursuant to the terms of the Agreement. 10 15. By operation of this Final Judgment and Order, all members of the Class are 11 hereby forever barred and enjoined from prosecuting the Class Released Claims against any of 12 the Releasees as defined in the Agreement. 13 16. Each member of the Class is bound by this Final Judgment and Order, including, 14 without limitation, the Class Released Claims as set forth in the Agreement. 15 17. This Final Judgment and Order and the Agreement, and all papers related thereto, 16 are not, and shall not be construed to be, an admission by Defendants of any liability, claim or 17 wrongdoing whatsoever, and shall not be offered as evidence of any such liability, claim or 18 wrongdoing in this Action or in any other proceeding. 19 18. In the event that the Settlement does not become effective in accordance with the 20 terms of the Agreement, then this Final Judgment and Order shall be rendered null and void to 21 the extent provided by and in accordance with the Agreement and shall be vacated, and in such 22 event, all orders entered and releases delivered in connection herewith shall be null and void to 23 the extent provided by and in accordance with the Agreement, and each party shall retain his, her 24 or its rights to move for or oppose certification of the Class. 25 /// 26 /// 27 /// 28 /// 5 [AMENDED PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT OF DISMISSAL CASE NO. 5:12-CV-01425-PSG
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