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Moore v. R.E. Staite Engineering

September 4, 2008

JOHN MOORE, BRIAN HATHEWAY, ANTONIO CASTILLO, ALEXANDER SILVA, JON SANDERS ON THEIR OWN BEHALF, ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, AND ON BEHALF OF THE GENERAL PUBLIC. PLAINTIFF,
v.
R.E. STAITE ENGINEERING, INC; AND DOES 1 TO 50, DEFENDANTS



The opinion of the court was delivered by: William McCurine, Judge

ORDER: (1)PRELIMINARILY APPROVING PROPOSED CLASS SETTLEMENT; (2) CONDITIONALLY CERTIFYING APPROVING FORM AND MANNER SETTLEMENT CLASSES; (3) OF NOTICE; AND (4) SCHEDULE FOR FINAL APPROVAL PROCESS.

ORDER PRELIMINARILY APPROVING SETTLEMENT, CONDITIONALLY CERTIFYING CLASS FOR PURPOSES OF SETTLEMENT, APPROVING FORM AND MANNER OF NOTICE, AND SCHEDULING HEARING ON FAIRNESS OF SETTLEMENT PURSUANT TO FED. R. CIV. P. 23

Plaintiffs unopposed motion for an Order: (1) Preliminarily Approving Settlement of the above captioned action pursuant the terms and conditions of the Stipulation and Agreement of Settlement (hereinafter "Agreement" or "Settlement Agreement"); (2) approving the form of Class Notice and directing the manner of delivery of the Notice; (3) conditionally certifying a class under Fed. Rule. Civ. P. 23(a) and Fed. R. Civ. P. 23(b)(3) for purposes of the settlement; and (4) scheduling a hearing to consider the fairness of the Settlement pursuant to Fed. R. Civ. P. 23(e), enhancement fees for Representative Plaintiffs, and to consider the application for fees and expenses by Plaintiffs' Counsel; is hereby approved and granted.

Having come before the Court, and upon consideration of the Agreement, Plaintiffs' motion and memorandum in support thereof and exhibits attached thereto, the pleadings and records on file, and good cause appearing, it is hereby ORDERED as follows:

1. To the extent not otherwise deemed herein, all terms shall have the same meaning herein as used in the Agreement.

2. The Court has jurisdiction over the subject matter of this Action and over all parties to this Action, including all Plaintiffs, Class Members, and Defendants.

3. The settlement documented in the Agreement is hereby PRELIMINARILY APPROVED as appearing on its face to be: fair, reasonable, and adequate; the product of serious, informed, and extensive arms length negotiations; the result of genuine controversies between the parties including but not limited to the applicability of California wage and hour law to much if not all of the hours worked at issue, and whether Defendant violated any of its obligations to pay wages to the Class Members as required by California or federal wage and hour laws.

4. The Court finds that the form of Notice proposed by Plaintiffs is hereby APPROVED. Such Notice shall be mailed by first class mail, postage prepaid, to the last known address of all known Class Members within 20 days of entry of this Order. The parties' Counsel will ensure that the Notice shall be handled in the manner set forth in and required by the Agreement. Plaintiff's Counsel shall file an affidavit attesting to the mailing of the Notice as described in the Agreement, based upon information obtained and reasonably relied upon the Claims Administrator, with the Court at or before the Fairness Hearing.

5. The form and manner of delivery of the Notice in the Agreement meets the requirements of Fed. R. Civ. P. 23 and due process, constitutes the best notice practicable under the circumstances, and thus shall constitute due and sufficient notice to all members of the Class.

6. The Court hereby PRELIMINARY APPROVES the maintenance of the Action as a class action for purposes of the settlement pursuant to Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b)(3). Specifically, the Court FINDS that:

(a) the number of members of the Class is so onerous that joinder of all members is impracticable, and that handling of this matter as a class action is superior to individual lawsuits by Class Members;

(b) there are questions of law and fact common to the Class;

(c) the claims of the named Plaintiffs are typical of the claims of the Class;

(d) the named Plaintiffs will fairly and adequately represent the ...


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