Carlson v. Home Depot USA Inc et al, No. 2:2020cv01150 - Document 147 (W.D. Wash. 2023)
Court Description: ORDER granting Plaintiffs' 141 Unopposed Motion for Final Approval of Class Action Settlement. The parties are hereby directed to proceed with the settlement payment procedures specified under the terms of the Settlement Agreement. This case, including all individual and class claims presented thereby, is hereby DISMISSED with prejudice, with each party to bear his, her, or its own fees and costs, except as set forth herein. The Court hereby enters Judgment approving the terms of the Settlement. This Order shall constitute a final judgment for purposes of Fed. R. Civ. P. 58. Signed by Judge Tana Lin. (SB)
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Carlson v. Home Depot USA Inc et al Doc. 147 Case 2:20-cv-01150-MJP Document 147 Filed 05/30/23 Page 1 of 6 The Honorable Tana Lin 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 CHRIS CARLSON, individually and on behalf of all persons similarly situated, 10 11 12 13 14 15 Plaintiff, v. HOME DEPOT U.S.A., INC., a foreign corporation; and THE HOME DEPOT, INC., a foreign corporation, No. 2:20-cv-01150 MJP [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND DISMISSING ACTION WITH PREJUDICE AND FINAL JUDGMENT [CLERK’S ACTION REQUIRED] Defendants. 16 17 This matter comes before the Court on Plaintiff’s Unopposed Motion for Final 18 Approval of Class Action Settlement. The Court has considered all papers submitted by 19 the parties in connection with the proposed settlement, including the instant motion, the 20 supporting declarations of Lluvia Islas and Adam J. Berger, Plaintiff’s Unopposed Motion for 21 22 23 Settlement Class Certification, Preliminary Approval of Class Action Settlement, and Petition for Attorneys’ Fees and Costs (Dkt. #135) (“Preliminary Approval Motion”), the 24 Declaration of Adam J. Berger in support of preliminary approval (Dkt. #136) and exhibits 25 attached thereto, and the Declaration of Elizabeth A. Hanley in support of final approval (Dkt. 26 #145) and exhibits attached thereto. In addition to the parties’ materials, the Court held a hearing [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT − 1 (Case No. 2:20-cv-01150 MJP) SCHROETER GOLDMARK & BENDER 401 Union Street Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305 Dockets.Justia.com Case 2:20-cv-01150-MJP Document 147 Filed 05/30/23 Page 2 of 6 1 on May 30, 2023. The Court, having heard all persons properly appearing and requesting to 2 be heard, having considered the papers submitted in support of the proposed Settlement and 3 4 5 6 7 8 the oral presentations of counsel, having considered all applicable law, and having considered any objections made properly to the proposed Settlement, hereby GRANTS Plaintiff’s Unopposed Motion for Final Approval of Class Action Settlement and ORDERS as follows: 1. The Court’s prior order of February 16, 2023 granting preliminary approval 9 of the class action settlement (Dkt. #137) (“Preliminary Approval Order”) and the parties’ 10 Settlement Agreement, including the terms defined therein and all exhibits thereto, are 11 12 incorporated herein by reference. 2. The Court finds it has jurisdiction over the subject matter of this action and the 13 14 15 parties, including all members of the Settlement Class who have not opted out of the matter. 3. The Court approves the Settlement, finding that it is fair, reasonable, and adequate 16 to members of the Settlement Class and consistent and in compliance with all requirements of 17 Washington and federal law for the reasons set forth in the Preliminary Approval Motion 18 (Dkt. #137) and in Plaintiff’s Motion for Final Approval. 19 4. The Court finds that the Notices mailed and emailed to members of the 20 Settlement Class at their last known addresses provides the best notice practicable under 21 22 the circumstances and that the Notice was distributed in accordance with the Court’s 23 Preliminary Approval Order. The Notices given to the Settlement Class Members fully 24 complied with Rule 23, were the best notices practicable, were reasonably calculated under 25 the circumstances to apprise members of the Settlement Class of their rights with respect to 26 [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT − 2 (Case No. 2:20-cv-01150 MJP) SCHROETER GOLDMARK & BENDER 401 Union Street Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305 Case 2:20-cv-01150-MJP Document 147 Filed 05/30/23 Page 3 of 6 1 the settlement, and satisfied all applicable requirements of constitutional due process and any 2 other applicable requirements under Washington and federal law. 3 4 5. No objections to the terms of the Settlement have been communicated to the Third Party Settlement Administrator, Class Counsel, or filed with the Court. 5 6 7 8 9 10 11 12 6. The Court finds that Plaintiff Chris Carlson and Class Counsel Schroeter Goldmark & Bender adequately represented the Class for purposes of entering into and implementing the Settlement. 7. The Court finds that Class Counsel’s request for an award of attorneys’ fees and costs is fair and reasonable, and hereby approves the request for an attorneys’ fee award of 20% of the Gross Settlement Fund, or $1,160,000, plus litigation costs of $75,017.54. The requested award is below the benchmark for percentage awards in common fund cases. 13 14 This case was actively litigated including through a successful motion for litigation class 15 certification. Counsel has litigated this case on a contingent-fee basis, meaning they will not 16 have been paid for almost three years of litigation. The settlement results in a substantial 17 recovery for the Settlement Class. See In re Omnivision Techs., Inc., 559 F. Supp. 2d 1036, 18 1046 (N.D. Cal. 2008) (“The overall result and benefit to the class from the litigation is the 19 most critical factor in granting a fee award.”). Such considerations support a percentage 20 award of 20%. 21 22 8. The Court approves incentive payments from the Gross Settlement Fund in the 23 amount of $10,000 to the named Plaintiff and $250 each to the 16 class members who were 24 deposed by defense counsel for their time and service on behalf of the Settlement Class. 25 26 9. The Court approves payment in the amount of $22,000 from the Gross Settlement Fund to ILYM Group for its fees and costs as Settlement Administrator. [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT − 3 (Case No. 2:20-cv-01150 MJP) SCHROETER GOLDMARK & BENDER 401 Union Street Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305 Case 2:20-cv-01150-MJP Document 147 Filed 05/30/23 Page 4 of 6 1 2 3 4 10. The parties are hereby directed to proceed with the settlement payment procedures specified under the terms of the Settlement Agreement. 11. The Settlement Agreement is binding on all Settlement Class Members, as defined in the parties’ Settlement Agreement. Plaintiff Chris Carlson and the Class 5 6 7 Members are bound by the Release of Claims set forth in Paragraphs 25 through 27 of the Settlement Agreement, and are enjoined from maintaining, prosecuting, commencing, or 8 pursuing any claim released under the Settlement Agreement, and are deemed to have 9 released and discharged the Defendants and Released Parties from any such claims. 10 11 12 12. The Court reserves jurisdiction over the parties as to all matters relating to the administration, enforcement, and interpretation of the Settlement Agreement, and for any other necessary purposes. 13 14 13. Neither this Final Order and Judgment nor any aspect of this settlement is to 15 be offered as evidence of, or construed or deemed as an admission of, liability, culpability, 16 negligence, or wrongdoing on the part of Defendants or their employees or agents. 17 18 19 14. The parties are authorized, without further approval from the Court, to mutually agree to and adopt any technical or process amendments or modifications to the Settlement Agreement provided such changes are: (i) consistent with this Order; (ii) 20 consistent with the intent of the Settlement Agreement; and (iii) do not limit any 21 22 23 substantive rights of the Settlement Class. 15. In the event the Settlement does not become effective, this Order shall be 24 rendered null and void and shall be vacated and, in such event, all orders entered in 25 connection therewith shall be vacated and rendered null and void. 26 16. This case, including all individual and class claims presented thereby, is [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT − 4 (Case No. 2:20-cv-01150 MJP) SCHROETER GOLDMARK & BENDER 401 Union Street Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305 Case 2:20-cv-01150-MJP Document 147 Filed 05/30/23 Page 5 of 6 1 hereby DISMISSED with prejudice, with each party to bear his, her, or its own fees and 2 costs, except as set forth herein. 3 4 17. The Court hereby enters Judgment approving the terms of the Settlement. This Order shall constitute a final judgment for purposes of Fed. R. Civ. P. 58. 5 6 IT IS SO ORDERED this 30th day of May, 2023. 7 A 8 9 Tana Lin United States District Judge 10 11 12 13 Presented by: SCHROETER GOLDMARK & BENDER 18 s/ Adam J. Berger Adam J. Berger, WSBA #20714 Elizabeth Hanley, WSBA #38233 401 Union Street, Suite 3400 Seattle, WA 98101 Phone: (206) 622-8000 berger@sgb-law.com hanley@sgb-law.com 19 Attorneys for Plaintiff and the Settlement Class 20 Approved as to form; approved for entry by: 14 15 16 17 21 22 23 24 25 26 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. By: /s/ Laurence A. Shapero Laurence A. Shapero, WSBA #31301 1201 Third Avenue, Suite 5150 Seattle, WA 98101 Telephone: (206) 693-7057 Facsimile: (206) 693-7058 Email: laurence.shapero@ogletree.com [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT − 5 (Case No. 2:20-cv-01150 MJP) SCHROETER GOLDMARK & BENDER 401 Union Street Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305 Case 2:20-cv-01150-MJP Document 147 Filed 05/30/23 Page 6 of 6 1 2 3 4 5 6 7 8 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. By: /s/ Evan R. Moses Evan R. Moses, CA Bar #198099 (admitted pro hac vice) 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Telephone: (213) 438-5851 Facsimile: (213) 239-9045 Email: evan.moses@ogletree.com Attorneys for Defendants 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT − 6 (Case No. 2:20-cv-01150 MJP) SCHROETER GOLDMARK & BENDER 401 Union Street Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305
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