The opinion of the court was delivered by: Hon. John A. Mendez United States District Judge
Date: August 11, 2010 Time: 9:30 a.m. Place: Courtroom Complaint Filed: July 29, 2008
REVISED ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
On August 11, 2010, this Court conducted a hearing on Plaintiffs' Motion for Preliminary Approval of Class Action Settlement.
IT IS HEREBY ORDERED THAT:
1. The Class shall include all individuals currently and formerly employed by Defendant Combined Insurance Company of America in the State of California in position(s) generally described as commissioned insurance agents, e.g., "sales agents," "sales managers," and "territory directors" at any time from July 29, 2004 through May 2, 2010;
2. The class action settlement set forth in the Joint Stipulation of Class Action Settlement and Release ("Settlement" or "Settlement Agreement"), entered into among the parties and their counsel, is preliminarily approved as it appears to be proper, to fall within the range of reasonableness, to be the product of arm's-length and informed negotiations, to treat all Class Members fairly, and to be presumptively valid, subject only to any objections that may be raised at the final approval hearing;
3. The Court approves, as to form and content, the proposed Notice of Pendency of Class Action Settlement, Claim Form, and Request for Exclusion Form (collectively, the "Notice Packet");
4. The Court directs the mailing, by First-Class U.S. mail, of the Notice Packet to the Class Members in accordance with the schedule set forth below. The Court finds that the method selected for communicating the class action Settlement to Class Members is the best notice practicable under the circumstances, constitutes due and sufficient notice to all persons entitled to notice, and thereby satisfies due process;
5. The Court preliminarily appoints named Plaintiffs Kimberly Burrows, Kurt Brunner, and Susanne Townsend as the Class Representatives;
6. The Court preliminarily appoints Initiative Legal Group APC as Class Counsel;
7. The Court grants preliminary approval of attorneys' fees and costs of $2,000,000 and $100,000 payable to Initiative Legal Group APC;
8. The Court grants preliminary approval of Class Representative Enhancement Payments of $10,000 each payable to Plaintiffs Kimberly ...