The opinion of the court was delivered by: Dale S. Fischer United States District Judge
1.CERTIFYING SETTLEMENT CLASS;
2.FINALLY APPROVING PROPOSED AMENDED SETTLEMENT;
3.AWARDING FEES AND COSTS; AND,
NOTE CHANGES BY COURT Date Action Filed: February 25, 2010
TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD:
Plaintiffs GUDELIA SANTOS and BERNARDINA TOVAR ("Plaintiffs") and Defendant NOBLE MANAGEMENT GROUP-CALIFORNIA, LLC ("Defendant") have reached terms of settlement for a putative class action.
On June 24, 2011, this Court (1) certified a class for settlement purposes, (2) preliminarily approved the terms of the proposed class action settlement as fair, reasonable, and adequate, and (3) authorized notice to the settlement class of the terms of the proposed settlement.
Plaintiffs have now filed a motion for final approval of a class action settlement of the claims asserted against Defendant in this action, memorialized in the Joint Stipulation Of Class Action Settlement And Release Of Claims ("Settlement Agreement") (see October 11, 2011 Declaration of H. Scott Leviant In Support Of Plaintiffs' Motion For Final Approval Of Class Action Settlement, at Exh. 1). The Parties subsequently modified the release language set forth in the Settlement Agreement (see, October 11, 2011 Declaration of H. Scott Leviant In Support Of Plaintiffs' Motion For Final Approval Of Class Action Settlement, at Exh. 2) ("First Amendment to Settlement Agreement").
The Settlement Agreement provides that the Parties stipulate to certification of a Class for settlement purposes only. The Settlement Agreement is conditioned on, among other things, the Court's approval. Capitalized terms in this Order have the same meaning as in the Settlement Agreement unless indicated otherwise.
After reviewing the Settlement Agreement, the First Amendment to Settlement Agreement, the Revised Class Notice, the Declarations of Counsel regarding administration and valuation of the settlement and other related documents, and having heard the argument of Counsel for the respective Parties, IT IS ORDERED AS FOLLOWS:
1. The Court finds that the proposed class satisfies the requirements of a settlement class under Rule 23 of the Federal Rules of Civil Procedure. The requirements of Rule 23(a) are satisfied because the proposed Class is so numerous that joinder of all Class Members is impracticable, there are questions of law or fact common to the Class, the claims of Plaintiffs are typical of the claims of the Class; and Plaintiffs will fairly and adequately protect the interests of the Class. The requirements of Rule 23(b) are ...