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Gabisan v. Pelican Products

January 9, 2009

NOEMEE GABISAN, AN INDIVIDUAL, CAROLE WILSON-MCGHEE, AN INDIVIDUAL, ON BEHALF OF THEMSELVES, AND ON BEHALF OF ALL PERSONS SIMILARLY SITUATED, PLAINTIFF,
v.
PELICAN PRODUCTS, INC.; AND, DOES 1 TO 10, DEFENDANTS.



The opinion of the court was delivered by: Judge Hon. Michael M. Anello

ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT, APPROVING NOTICE AND SETTING FINAL APPROVAL HEARING DATE

Hearing Date: January 9, 2009

Hearing Time: 2:30 p.m.

Dept.: Courtroom 5, 3rd Flr

WHEREAS, the Court has reviewed the Stipulation of Settlement ("Settlement Agreement") that has been entered by and between Plaintiffs Noemee Gabisan and Carole Wilson-McGhee ("Plaintiffs") and Defendant Pelican Products, Inc. ("Defendant") on November 14 2008, and,

WHEREAS, the Court has reviewed the papers submitted in support of the named Plaintiffs' motion for preliminary approval of settlement and certification of settlement class as well for appointment of class counsel, see Doc. No. 19, and concludes that this matter is appropriate for resolution in the papers pursuant to the Court's discretion under Local Civil Rule 7.1(d)(1), IT IS HEREBY ORDERED as follows:

1. For purposes of this Order, the Court adopts all defined terms as set forth in the Agreement lodged as an exhibit to Plaintiffs' motion, which Agreement is incorporated by reference herein.

Conditional Certification of Settlement Class

2. The Court provisionally certifies for settlement purposes only the class defined as: all persons employed by Pelican in the Sales Support Specialist position in the State of California during the period July 24, 2004 through the date of this order. In provisionally certifying the class for settlement purposes, the Court finds that all of the requirements for class certification as set forth in fed. R. Civ. P. 23 are satisfied based upon the allegations of the complaint and the evidence provided to the Court, subject to further consideration at the Final Approval Hearing after distribution of notice to the members of the settlement class as set forth below. In the event the proposed settlement is not consummated for any reason, the conditional certification set forth in this paragraph shall be of no further force or effect.

Appointment of Class Counsel

3. The Court concludes that the law firms of Blumenthal & Nordrehaug and Norman B. Blumenthal, Kyle Nordrehaug and Aparajit Bhowmik of that firm, as well as the United Employees Law Group and Walter Haines of that firm, have fairly and adequately represented the interests of the class, will continue to do so and therefore pursuant to Federal Rule of Civil Procedure 23(g)(1), are hereby appointed class counsel for purposes of representing the Settlement Class conditionally certified in this Order..

Preliminary Approval of Settlement

4. The Court preliminarily approves the provisions of the Agreement as being fair, just, reasonable and adequate to the members of the Settlement Class, subject to further consideration at the Final Approval Hearing after distribution of notice to the ...


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