Opinion
Case No. 3:09-cv-05112 JSW.
February 26, 2010
Todd M. Schneider (SBN 158253), Carolyn H. Cottrell (SBN 166977), W.H. "Hank" Willson, IV (SBN 233321), SCHNEIDER WALLACE, COTTRELL BRAYTON KONECKY LLP, San Francisco, California.
Shanon J. Carson ( pro hac vice), BERGER MONTAGUE, P.C., Philadelphia, Pennsylvania, Attorneys for Plaintiff Matthew Ozga and others similarly situated.
ORDER
Plaintiff has filed a Motion for Preliminary Approval of class action Settlement. Defendant does not oppose the Motion. The Court has considered the papers submitted in support of the Motion and the terms of the proposed settlement. Based on the papers and pleadings on file herein, the Court hereby finds that the settlement falls within "the range of reasonableness" for preliminary approval, and is therefore deserving of preliminary approval.
As a result, the Court hereby ORDERS as follows:
1. Preliminary approval of the class action Settlement Agreement, attached as Exhibit A to the Motion for Preliminary Approval, is GRANTED;
2. CPT Group, Inc. is appointed as Claims Administrator and the estimate of the costs of claims administration is approved;
3. For purposes of settling this lawsuit, the Court provisionally certifies the following Settlement Class pending final approval of the settlement:
any individual who was employed by U.S. Remodelers in the State of California in the position/job classification of "Installer," including trainees and/or apprentices for that position, at any time between February 17, 2005 and the date of the Preliminary Approval of this Settlement by the Court, with the exception of any individuals who choose to be excluded from participating in the settlement by timely opting out as provided in the Settlement Agreement and Class Notice attached to the Settlement Agreement as Exhibit A;
4. Plaintiff Matthew Ozga is appointed as the representative of the Settlement Class;
5. Schneider Wallace Cottrell Brayton Konecky LLP and Berger Montague, P.C. are approved as Class Counsel for the Settlement Class;
6. The forms of Claim Form, in the form attached as the revised form of notice B, respectively, to the Settlement Agreement, is approved; and submitted on 2/25/10 is approved.
7. The following schedule and procedure for completing the final approval process is approved:
USRI to send $500,000 to Claims Administrator Upon execution of Settlement for deposit into Qualified Settlement Fund Agreement Mailing of Class Notices and Claim Forms 10 days after preliminary approval Deadline to postmark objections or requests for 30 days after notice mailing exclusion Deadline to postmark Claim Form 45 days after notice mailing Claims Administrator provides status declaration 7 days before Settlement Fairness to parties and detail of actual administration costs hearing Settlement Fairness (final approval) hearing TBD (no earlier than 101 days after notice mailing, to account for governmental notice requirement of Class Action Fairness Act) Effective Date TBD USRI to send $1,300,000 to Claims Administrator Within 5 business days of Effective for deposit into Qualified Settlement Fund Date Enhancement payments for Ozga and Within 5 business days of Effective Moshkovich Date Payment of Plaintiff's counsel's attorneys' fees Within 5 business days of Effective and costs Date Payment of Settlement Awards Within 15 business days of Effective Date The final approval hearing shall be heard on Friday, August 6, 2010 at 9:00 a.m.
IT IS SO ORDERED.