Opinion
Case No. CV 08-4898 ODW (CWx).
September 10, 2009
PETER M. HART, LAW OFFICES OF PETER M. HART, Attorneys for Individual and Representative Plaintiffs Jaime Castro and Reyes Alvarez.
JENNIFER S. BALDOCCHI, PAUL, HASTINGS, JANOFSKY WALKER LLP, Attorneys for Defendants, UNITED PARCEL SERVICE, INC., UPS GROUND FREIGHT, INC., and OVERNITE CORPORATION.
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT; FINAL JUDGMENT
On September 10, 2009, the Court received Plaintiffs Jaime Castro and Reyes Alvarez and Defendants United Parcel Service, Inc., UPS Ground Freight, Inc., and Overnight Corporation's Joint Motion for Final Approval of Class Action Settlement ("Joint Motion"). Peter M. Hart of the Law Offices of Peter M. Hart, Larry W. Lee of Diversity Law Group, Kenneth H. Yoon of the Law Offices of Kenneth H. Yoon, and Eric S. Honig of the Law Offices of Eric Honig appeared for Plaintiffs. Jennifer S. Baldocchi of Paul, Hastings, Janofsky Walker LLP appeared for Defendants.
Having read and considered the papers on the motion, the arguments of counsel, and the law, and good cause appearing therefore, the Court hereby grants the Joint Motion in its entirety ("Final Order") and specifically finds:
1. The proposed classes ("Classes"), identified in the Court's April 3, 2009 Order granting preliminary approval of this class action settlement ("Preliminary Approval Order") and incorporated herein by reference, satisfy the requirements of a settlement class because the class members are readily ascertainable and a well-defined community of interest exists in the questions of law and fact affecting the parties.
2. The parties have complied with the distribution of the notice in the manner and form set forth in the Preliminary Approval Order.
3. Such notice is the best practicable notice under the circumstances, and constitutes due and sufficient notice to all persons entitled thereto.
4. The procedures required by the Preliminary Approval Order have been carried out and satisfy due process requirements such that all absent class members have been given the opportunity to participate fully in the claims exclusion and the approval process.
5. The award of $752.954.80 in attorneys' fees and $20,000 in costs is fair and reasonable in this case and shall be paid in accordance with the parties' Settlement.
6. The enhancement of $40,000 to Representative Plaintiffs Jaime Castro and Reyes Alvarez ($20,000 each) is fair and reasonable and shall be paid pursuant to the parties' Settlement.
7. The payment of $42,500 will fairly and reasonably cover the administrative costs and shall be paid to the Claims Administrator by Defendants, pursuant to the parties' Settlement.
8. The payment of $35,000 to the California Labor and Workforce Development Agency for its share of the settlement and civil penalties pursuant to the Private Attorney General Act is fair and reasonable and shall be paid pursuant to the parties' Settlement.
9. There were no objections to the Settlement in response to the notice.
10. The Court grants final approval of the Settlement between the parties. The Court finds that the Settlement is fair, just, reasonable, and adequate to the Classes when balanced against the probable outcome of extensive and costly litigation. Substantial informal discovery, investigation, and research have been conducted such that counsel for the parties at this time are reasonably able to evaluate their respective positions. It appears to the Court that settlement will avoid substantial additional costs by all parties, as well as the delay and risk that would be presented by further prosecution of this action. The Court finds that the settlement that has been reached as the result of intensive, noncollusive, arms-length negotiations, and the exchange of information and documents. Payment to those class members who timely filed claims shall be made in accordance with the terms of the Settlement. The Court directs the parties to effectuate the Settlement according to its terms.
11. The Classes are bound by the release and waiver listed in the Settlement, including, without limitation, Section III(H), and this Final Order, which Final Order shall have the force and effect of res judicata as to each of them.
12. The Settlement is not an admission by Defendants nor is this Final Order a finding of the validity of any claim in the lawsuit or any wrongdoing by Defendants. Furthermore, the Settlement will not be (i) construed as, offered or admitted in evidence as, received as, or deemed to be evidence for any purpose adverse to Defendants, including, but not limited to, evidence of a presumption, concession, indication or admission by Defendants of any liability, fault, wrongdoing, omission, concession or damage; nor (ii) disclosed, referred to or offered in evidence against Defendants, in any further proceeding in the lawsuit, or any other civil, criminal or administrative action or proceeding except for purposes of effecting the Settlement. However, the Settlement may be admitted in evidence and otherwise used in any of and all proceedings to enforce any or all terms of the Settlement, or in defense of any claims released or barred by the Settlement.
13. In accordance with the terms of the Settlement, the claims covered by the Settlement shall and hereby are dismissed on the merits with prejudice as to the Representative Plaintiffs and all class members except those who filed timely requests for exclusion. Without affecting the finality of this Final Order and Judgment, the Court reserves continuing and exclusive jurisdiction of the parties to the Settlement to administer, supervise, construe and enforce the Settlement in accordance with its terms for the mutual benefits of the parties.
THEREFORE, the Court, in the interests of justice, there being no reason for delay, expressly directs the Clerk of the Court to enter Final Order and Judgment as set forth above, and hereby decrees, that upon entry, it be deemed a final judgment as to all claims by the Representative Plaintiffs against Defendants on behalf of themselves and the Classes as defined herein by reference.