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Estella Schiller, Individually and On Behalf of Other Members of the General Public Similarly Situated, and v. David's Bridal

November 9, 2011

ESTELLA SCHILLER, INDIVIDUALLY AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED, AND AS AN AGGRIEVED EMPLOYEE PURSUANT TO THE PRIVATE ATTORNEYS GENERAL ACT,
PLAINTIFFS,
v.
DAVID'S BRIDAL, INC.,
DEFENDANT.



The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

COUNSEL;

(1) PRELIMINARILY APPROVING CLASS SETTLEMENT; (2) CONDITIONALLY CERTIFYING SETTLEMENT CLASSES; (3) APPOINTING CLASS REPRESENTATIVE AND CLASS (4) APPROVING CLASS NOTICE AND RELATED MATERIALS; (5) APPOINTING SETTLEMENT ADMINISTRATOR; AND (6) SCHEDULING FINAL APPROVAL HEARING. (Doc. 39)

ORDER:

On October 7, 2011, Plaintiff filed a motion for preliminary approval of a class action settlement. On October 21, 2011, Defendant David's Bridal, Inc. filed a statement of non-opposition. (Doc. 41.)

Plaintiff's motion came on regularly for hearing on November 9, 2011. Arthur Meneses, Esq., of Initiative Legal Group APC appeared on behalf of Plaintiff and Cary Palmer, Esq. of Jackson Lewis LLP appeared on behalf of Defendant. The essential terms of the parties' "Joint Stipulation of Settlement and Release Between Plaintiff and Defendant" (Doc. 39-1, Exhibit 1 to Williams' Decl.) ("Joint Stipulation") were set forth on the record, and the parties submitted the motion to the Court.

The Court has considered the moving papers in support of the motion for preliminary approval of the class settlement and HEREBY FINDS and ORDERS the following:

1. The Court has jurisdiction over this action and the parties' proposed settlement pursuant to 28 U.S.C. § 1332(d);

2. The Court hereby PRELIMINARILY APPROVES the Settlement based upon the terms set forth in the Joint Stipulation;

(a) The Settlement appears to be fair, adequate, and reasonable to the Class;

(b) The Settlement appears to be the product of arm's-length and informed negotiations and appears to treat all Class Members fairly; and

(c) The Settlement falls within the range of reasonableness and appears to be presumptively valid, subject only to any objections that may be raised at the final fairness hearing and final approval by this Court;

3. Each proposed class set forth in the Joint Stipulation satisfies the requirements of a settlement class because the class members are readily ascertainable and a well-defined community of interests exists in the questions of law and fact affecting the parties. It is ORDERED that the Settlement Classes are Preliminarily certified for settlement purposes only. The two settlement classes preliminarily certified are as follows:

(a) Store Manager Class: All salaried store employees of Defendant in California between January 1, 2007, and preliminary approval of the Settlement; and

(b) Hourly Associate Class: All hourly store employees of Defendant in California between January 1, 2007, and ...


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