The opinion of the court was delivered by: The Honorable Samuel Conti
CLASS ACTION [PROPOSED] ORDER (1) GRANTING PRELIMINARY APPROVAL TO SETTLEMENT, (2) APPOINTING PROPOSED CLASS ACTION SETTLEMENT ADMINISTRATOR; (3) APPROVING AND DIRECTING NOTICE TO THE CLASS, AND (4) SETTING HEARING AND RELATED DATES DATE FOR FINAL APPROVAL
Date: April 8, 2011 Time: 10:00 a.m. Courtroom: 1
proposed class action settlement. The Motion is unopposed by Defendant Cardinal Logistics Management Corporation. The parties have stipulated to, and the Court has approved, resolution of this Motion on the papers.
This matter is before the Court on Plaintiffs' Motion for Preliminary Approval of a On March 23, 2011, this Court entered an Order Re: Motion for Preliminary Approval of Class Action Settlement, inviting Plaintiffs to address certain issues. On April 8, 2011, Plaintiffs filed the Supplemental Declaration of Kim E. Card, with Amendments to the Settlement The Court has considered all of the parties' submissions, including the terms of the proposed class action settlement, the Declaration and Supplemental Declaration of Class Counsel Kim E. Card, the discovery and related motion practice that has been conducted in this case, and the arm's-length negotiation process that led to the settlement. The Court has also considered the parties' submissions regarding Defendant's financial condition and its ability to satisfy a greater judgment. Based on the foregoing, and for good cause shown, the Court hereby finds and orders as follows: settlement ("Settlement") under the terms set forth in the Settlement Agreement that was attached as Exhibit A to the Declaration of Kim E. Card, filed in support of the Motion, as modified by the Amendments to Settlement Agreement, attached as Exhibit 1 to the Supplemental Declaration of Kim E. Card, filed April 8, 2011, with one exception: that no cy pres distribution be made without approval of the Court upon a motion. The Court finds that the Settlement is within the range of reasonableness given the recovery obtained, the nature of the claims asserted, and the risks the Class faced if the litigation were to proceed to trial.
Accordingly, the Court preliminarily finds that the Settlement is fair, reasonable and adequate under Federal Rule of Civil Procedure 23(e), and warrants notice to the Class and the scheduling of a final approval hearing.
2. This Court has previously certified a class in this case, during the litigation and pursuant to a contested motion ("the Class"), and made all necessary findings pursuant to Federal Agreement to which the parties' had agreed.
1. The Court grants preliminarily approval of the parties' proposed class action Rule of Civil Procedure at that time. See Order Granting Plaintiffs' Motion for Class Certification, filed September 5, 2008 (Document 83). The Settlement is on behalf of the same Class as the Court previously certified, with a closure date of April 8, 2011 (the date that was anticipated for preliminary approval), and accordingly, no new or different certification of a Settlement Class is required. The two individuals who submitted timely requests for exclusion from the Class following the initial Class Notice that was mailed in December of 2008 are excluded from the Class and shall not be provided Notice of the Settlement.
3. The Court approves the appointment of Rust Consulting, Inc. ("Rust") as the Settlement Administrator. The Court directs Rust to administer the Settlement, including the notice and Claims process as described in the Settlement Agreement and approved herein.
4. The Court approves the proposed form Notice of Class Action Settlement, attached as Amended Exhibit A to the Amendments to Settlement Agreement, filed herein on April 8, 2011, and directs the Settlement Administrator to provide Notice to the Class in the manner set forth in the Settlement Agreement, including by conducting all address searches and the re-mailing of
5. The Court approves the form of the Claim Form and Release, Reminder Postcard, and Request for Exclusion Form, attached as Exhibits B-D of the Settlement Agreement, (with the Amendments to Settlement Agreement, filed herein April 8, 2011, reflecting the 60-day claims period), and directs the Settlement Administrator to provide these forms to the Class Members in the manner set forth in the Settlement Agreement.
Notices as called for under the Settlement.
Claim Form and Release modified in the manner reflected in Amended Exhibit B, attached to the
6. The Court approves the form of the letter attached as Exhibit G to the Settlement
Agreement, which shall be given by Cardinal to those class members who are currently working for Defendant as independent contractors, informing ...