Jacob et al v. Pride Transport, Inc., No. 5:2016cv06781 - Document 38 (N.D. Cal. 2018)

Court Description: ORDER GRANTING FINAL APPROVAL TO CLASS ACTION SETTLEMENT AND ENTERING FINAL JUDGMENT. Signed by Judge Beth Labson Freeman on 3/21/2008. (blflc1S, COURT STAFF) (Filed on 3/21/2018)
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Jacob et al v. Pride Transport, Inc. Doc. 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CASE NO. 5:16-CV-06781-BLF LINDA JACOB and CHRISTOPHER WATSON, Assigned to: Hon. Beth Labson Freeman individuals, on behalf of themselves, and on behalf of all persons similarly situated, [PROPOSED] ORDER: Plaintiffs, (1) GRANTING FINAL APPROVAL TO CLASS ACTION vs. SETTLEMENT; AND (2) ENTERING FINAL JUDGMENT PRIDE TRANSPORT, INC., a Corporation; Does 1 through 50, Inclusive, Judge: Hon. Beth Labson Freeman Courtroom: 3 - 5th Floor Defendants. Hearing Date: February 22, 2018 Hearing Time: 1:30 p.m. 23 24 25 26 27 28 CASE NO. 5:16-CV-06781 ORDER Dockets.Justia.com On February 22, 2018, the Court heard the motion by Plaintiffs Linda Jacob 1 2 and Christopher Watson (“Plaintiffs”) for final approval of their class settlement 3 (the “Settlement”). Having considered the Joint Stipulation of Class Action 4 Settlement and Release (the “Agreement”)1 and all papers filed and proceedings 5 had here, the Court grants the motion for final approval and the motion for 6 attorneys’ fees and costs. 7 IT IS HEREBY ORDERED that: 8 1. 9 The Parties have submitted their Settlement, which this Court preliminarily approved by its Order dated October 17, 2017 (ECF 28) (the 10 “Preliminary Approval Order”). In accordance with the Preliminary Approval 11 Order, Class Members have been given notice of the terms of the Settlement and 12 the opportunity to comment on or object to it or to exclude themselves from its 13 provisions. 2. 14 15 The Court has jurisdiction over this Action and the Settlement pursuant to 28 U.S.C. sections 1132(a) and 1332(d). 3. 16 In the Order dated October 17, 2017, this Court certified the Class for 17 settlement purposes, and now confirms certification of the Class, which is defined 18 as in the Agreement as: “All current and former truck drivers who are or were 19 employed as truck drivers by Defendant at any time during the period from May 31, 20 2012, to December 28, 2016, who performed any work in California and who were 21 paid on the basis of activity-based work.” 4. 22 Pursuant to the Preliminary Approval Order, the Notice of Class 23 Action Settlement was sent to each class member by first-class mail. The Notice of 24 Class Action Settlement informed Class Members of the terms of the Settlement, 25 their right to receive a Settlement Payment, their right to comment on or object to 26 the Settlement and/or Class Counsel’s attorneys’ fees and costs, their right to elect 27 28 Except as otherwise specified herein, for purposes of this Final Approval Order, the Court adopts all defined terms set forth in the Agreement. -1- 1 CASE NO. 5:16-CV-06781 ORDER 1 not to participate in the Settlement and pursue their own remedies, and their right to 2 appear in person or by counsel at the final approval hearing and be heard regarding 3 approval of the Settlement. Adequate periods of time were provided by each of 4 these procedures. 5 5. The Court finds and determines that this notice procedure afforded 6 adequate protections to class members and provides the basis for the Court to make 7 an informed decision regarding approval of the settlement based on the responses of 8 class members. The Court finds and determines that the notice provided in this case 9 was the best notice practicable, which satisfied the requirements of law and due 10 process. 11 6. The Pursuant to the Class Action Fairness Act, 28 U.S.C. § 1711 et 12 seq. (“CAFA”), Defendant served upon the Attorney General of the United States 13 and the appropriate state official of each state in which a Class Member resides a 14 notice of the Settlement consisting of: a copy of the pleadings in this action; a 15 notice of the scheduled judicial hearings in this action; copies of the Settlement and 16 Notice of Class Action Settlement; and the names of Class Members who reside in 17 each state and the estimated proportionate share of the Class Members in each state 18 compared to the entire Settlement. The notice of Settlement also invited comment 19 on the Settlement. This Final Approval Order is not being issued earlier than ninety 20 days after the later of the dates on which the appropriate federal and state officials 21 were served with the notice of the Settlement. Accordingly, the Court finds that 22 Defendant has discharged its obligations under CAFA to provide notice to the 23 appropriate federal and state officials. 24 25 26 7. No Class Members filed written objections to the proposed settlement as part of this notice process. 8. For the reasons stated in the Preliminary Approval Order, the Court 27 finds and determines that the terms of the Settlement are fair, reasonable and 28 adequate to the class and to each class member and that the class members who -2CASE NO. 5:16-CV-06781 ORDER 1 have not opted out will be bound by the Settlement, that the Settlement is 2 ORDERED finally approved, and that all terms and provisions of the Settlement 3 should be and hereby are ORDERED to be consummated. 4 9. The Court finds and determines that the Settlement Payments to be 5 paid to the Class as provided for by the Settlement are fair and reasonable. The 6 Court HEREBY ORDERS the payment of those amounts be made to the Class in 7 accordance with the Agreement. 8 9 10. The Court finds and determines that payment to the California Labor and Workforce Development Agency of $3,562.50 as its share of the settlement of 10 civil penalties in this case is fair, reasonable, and appropriate. Plaintiffs have 11 provided notice of this Settlement to the California Labor and Workforce 12 Development Agency and no objection has been received in response. The Court 13 HEREBY ORDERS that the payment of that amount be paid out of the Gross 14 Settlement Amount in accordance with the Agreement. 15 11. The Court finds and determines that the fees and expenses of Simpluris 16 in administrating the settlement, in the amount of $25,000, are fair and reasonable. 17 The Court HEREBY ORDERS that the payment of that amount be paid out of the 18 Gross Settlement Amount in accordance with the Agreement. 19 12. The Court finds and determines that the request by Plaintiffs and Class 20 Counsel for an award of the Enhancement Awards and the Class Counsel attorneys’ 21 fees and costs are fair and reasonable. The Court HEREBY ORDERS that the 22 payment of the requested amounts be paid out of the Gross Settlement Amount in 23 accordance with the Agreement. 24 13. Nothing in this order shall preclude any action to enforce the Parties’ 25 obligations under the Settlement or under this order, including the requirement that 26 Defendant make payment in accordance with the Agreement. 27 28 14. If, for any reason, the Settlement ultimately does not become Final (as defined by the Settlement), this Final Approval Order will be vacated; the Parties -3CASE NO. 5:16-CV-06781 ORDER 1 will return to their respective positions in this action as those positions existed 2 immediately before the Parties executed the Settlement; and nothing stated in the 3 Settlement or any other papers filed with this Court in connection with the 4 Settlement will be deemed an admission of any kind by any of the Parties or used as 5 evidence against, or over the objection of, any of the Parties for any purpose in this 6 action or in any other action. 7 15. The Parties entered into the Settlement solely for the purpose of 8 compromising and settling disputed claims. Defendant in no way admits any 9 violation of law or any liability whatsoever to Plaintiffs and the Class, individually 10 11 12 13 or collectively, all such liability being expressly denied by Defendant. 16. The Court HEREBY ENTERS FINAL JUDGMENT in this Action, as defined in Rule 58(a)(1), Federal Rules of Civil Procedure. 17. Without affecting the finality of this Final Approval Order in any way, 14 the Court retains jurisdiction of all matters relating to the interpretation, 15 administration, implementation, effectuation and enforcement of this order and the 16 Settlement. 17 18. The Civil Action is HEREBY DISMISSED with prejudice. Except for 18 the one member of the Class (Gil Jose) who submitted a valid request for exclusion, 19 the Released Claims of the Class Members and the Plaintiffs are released in 20 accordance with the Agreement and these Class Members are barred from 21 prosecuting any of the Released Claims against any Released Parties. 22 23 24 25 26 19. The Parties are HEREBY ORDERED to comply with the terms of the Agreement. IT IS SO ORDERED AND ADJUDGED. Dated: ______________ 27 _________________________________ HON. BETH LABSON FREEMAN U.S. District Court Judge 28 -4CASE NO. 5:16-CV-06781 ORDER