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Alessandro Dirienzo, On Behalf of Himself, and On Behalf of All Persons Similarly Situated v. Dunbar Armored

April 4, 2011

ALESSANDRO DIRIENZO, ON BEHALF OF HIMSELF, AND ON BEHALF OF ALL PERSONS SIMILARLY SITUATED, PLAINTIFFS,
v.
DUNBAR ARMORED, INC., A MARYLAND CORPORATION, DEFENDANT.
ANTHONY ROGERS, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
DUNBAR ARMORED, INC., A MARYLAND CORPORATION, AND DOES 1 THROUGH 100, INCLUSIVE, ROGERS DEFENDANTS.



The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

(Class Action)

ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT

Assigned to: Judge Dana M. Sabraw

Referred to: Magistrate Judge Jan M. Adler Dirienzo Complaint Filed: December 8, 2009

Complaint Filed: October 17, 2009

Plaintiffs Alessandro Dirienzo and Anthony Rogers ("Plaintiffs") and Defendant Dunbar Armored, Inc. ("Defendant") have submitted a joint motion for conditional certification of a settlement class in this action, preliminary approval of the parties' proposed settlement, approval of the notice to be sent to the class about the settlement and the forms of class member settlement information and election not to participate in the settlement, approval of the claim form, and the setting of a date for the hearing on final approval of the settlement.

The Court having read and considered the papers on the motion and the law, and good cause appearing therefore,

IT IS ORDERED:

1. The Court has jurisdiction over this action and the parties' proposed settlement pursuant to 28 U.S.C. Section 1332.

2. The proposed class satisfies 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.

3. The parties' Joint Stipulation of Settlement and Release ("Stipulation of Settlement"), attached to the Declaration of Norman B. Blumenthal ("Blumenthal Decl."), as Exhibit A is granted preliminary approval as it meets the criteria for preliminary settlement approval, except as to the following: (1) the sentence beginning with "The individual settlement awards will be determined by . . ." on page 10 of the Joint Stipulation of Settlement and Release shall be changed to read "The individual settlement awards will be determined by dividing the Net Settlement Fund by the total number of workweeks for the entire Class, resulting in the Workweek Value; and then multiplying the Workweek Value by the number of workweeks worked by each Class Member during the Class Period (the "Individual Settlement Award").", and (2) the case number listed for Anthony Rogers v. Dunbar Armored, Inc. in the Joint Stipulation of Settlement and Release shall to be corrected to read "Case No. 10cv1931 DMS (JMA). The Settlement falls within the range of possible approval as fair, adequate, and reasonable, and appears to be the product of arm's-length and informed negotiations and to treat all Class Members fairly.

4. Under Rule 23(e), the Court may approve a class settlement only upon finding that it is "fair, reasonable, and adequate." Fed. R. Civ. P. 23(e)(2). To determine whether a proposed settlement meets these standards, the Court must evaluate a number of factors, including:

(1) the strength of the plaintiffs' case;

(2) the risk, expense, complexity, and likely duration of ...


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