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Alvaro Rodriguez, Manuel Padilla, and Carmelo Aceves Garcia v. Harvey Boschma; Terry Lynn Boschma; Henry Boschma

October 6, 2011

ALVARO RODRIGUEZ, MANUEL PADILLA, AND CARMELO ACEVES GARCIA, ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED INDIVIDUALS, PLAINTIFFS
v.
HARVEY BOSCHMA; TERRY LYNN BOSCHMA; HENRY BOSCHMA MARITAL TRUST (SOLE BENEFICIARY GRETA BOSCHMA) (DBA "BOSCHMA & SONS DAIRY," "WASCO DAIRY," AND "HENRY BOSCHMA DAIRY") DEFENDANTS.



The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER AND JUDGMENT

(1) CONFIRMING CERTIFICATION OF SETTLEMENT CLASS;

(2) GRANTING FINAL APPROVAL TO CLASS ACTION SETTLEMENT;

(3) APPROVING CLASS REPRESENTATIVES INCENTIVE PAYMENTS;

(4) APPROVING CLASS COUNSEL FEES AND COSTS;

(5) APPROVING SETTLEMENT ADMINISTRATOR FEES;

(6) APPROVING PAYMENT OF PAGA PENALITES

(7) ENTERING FINAL JUDGMENT

On September 22, 2011 a hearing was held on the motion by Plaintiffs and class representatives Alvaro Rodriguez, Manuel Padilla, and Carmelo Aceves ("Plaintiffs"), for Final Certification of a settlement class in this action, Final Approval of the parties' proposed settlement, approval of Class Representative incentive payments, approval of attorney's fees and costs, approving settlement administrator's fees, and ordering judgment in the case. Stan S. Mallison appeared from Mallison & Martinez on behalf of Plaintiffs. Defendants did not appear. No objectors appeared at the time of the hearing.

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

IT IS ORDERED:

1. The Court has jurisdiction over this action and the parties' proposed settlement under 28 U.S.C. sections 1331 and 1367, as plaintiffs' original complaint was brought under the Agricultural Workers Protection Act, 29 U.S.C. § 1801 et seq.; and related California wage-and-hour law; the Court original jurisdiction over plaintiffs' federal law claims; and the Court has supplemental jurisdiction over plaintiffs' state-law claims because they arise from the same alleged transactions and occurrences as do plaintiffs' federal-law claims.

2. For the reasons stated in the Order Granting Preliminary Approval, the Court finds that the action meets all the requirements for class certification, and it is hereby ordered that the Settlement Class is finally approved and ...


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