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Stephen Song, Individually and On Behalf of v. Klm Group

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


June 23, 2011

STEPHEN SONG, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
KLM GROUP, INC. D/B/A KLM ONSITE SOLUTIONS, A PENNSYLVANIA CORPORATION;
AND DOES 1 THROUGH 20, INCLUSIVE, DEFENDANTS.

ORDER REQUIRING SUPPLEMENTAL BRIEFING

Before the Court is a Motion for Preliminary Approval of Class Action Settlement brought by Plaintiff Stephen Song ("Plaintiff").

ECF No. 32 ("Mot.") Defendant KLM Group, Inc. ("Defendant") has 20 filed a Statement of Non-Opposition to the Motion. ECF No. 38. In 21 support of the Motion, Plaintiff has filed the Settlement Agreement, ECF No. 36 ("Settlement"), as well as the proposed 23 settlement notice, Settlement Ex. 1 ("Notice"), and the proposed 24 claim form, Settlement Ex. 2 ("Claim Form"). Plaintiff's attorneys 25 Sherry Jung ("Jung") and Larry W. Lee ("Lee") have submitted 26 declarations summarizing their efforts in investigating and 27 litigating the case to date and setting forth their qualifications 28 to serve as class counsel. ECF Nos. 33 ("Lee Decl."), 34 ("Jung Decl.").

cannot grant the relief requested without additional information.

Having reviewed the papers submitted, the Court finds that it

Plaintiff's counsel declares that the parties have conducted 4 substantial informal discovery, which included the production of 5 payroll and time record data for a substantial number of class 6 members. Lee Decl. ¶ 6. Based on this information, Plaintiff's 7 counsel has evaluated the potential damages the class could recover 8 absent settlement and has determined that a settlement awarding 9 class members an average of $300 is fair and reasonable. Id. ¶ 12.

information that would allow it to assess the potential damages 12 available to the class members absent settlement. Without this 13 information, the Court cannot properly determine whether the 14 settlement is fair, reasonable, and adequate.

The Court ORDERS Plaintiff Stephen Song to file supplemental 17 briefing providing the Court with an estimate of the average amount 18 of damages, and the minimum and maximum individual damages awards, 19 that class members could recover if Plaintiff were to prevail on 20 the merits of his case. Plaintiff shall file his brief within 21 thirty (30) days of this Order. The factual allegations in the 22 brief should be supported by sworn declarations and/or other 23 documentary evidence.

However, Plaintiff has not provided the Court with similar United States District Court For the Northern District of California

The Court thus DEFERS ruling on the Motion for Settlement.

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20110623

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