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Medalia Rodriguez and Juan Alcala, On v. Western Mesquite Mines

November 16, 2011

MEDALIA RODRIGUEZ AND JUAN ALCALA, ON BEHALF OF THEMSELVES AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
WESTERN MESQUITE MINES, INC., A NEVADA CORPORATION;
NEW APPROVING GOLD, INC., A CANADIAN
CORPORATION; AND DOES 1 THROUGH 150, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Michael M. Anello United States District Judge

AMENDED ORDER: (1) CONDITIONALLY CERTIFYING SETTLEMENT CLASS; (2) PRELIMINARILY PROPOSED SETTLEMENT; (3) APPOINTING CLASS REPRESENTATIVES, CLASS COUNSEL, AND SETTLEMENT ADMINISTRATOR; (4) APPROVING FORMS OF NOTICE OF PROPOSED CLASS ACTION SETTLEMENT, NOTICE OF INDIVIDUAL WEEKS WORKED, AND REQUEST FOR EXCLUSION; AND, (5) SETTING HEARING FOR FINAL APPROVAL OF SETTLEMENT

On November 15, 2011, the Court issued an [Doc. No. 25] Order granting Plaintiffs Medalia Rodriguez and Juan Alcala ("Plaintiffs"), on behalf of themselves and others similarly situated, and Defendants Western Mesquite Mines, Inc., New Gold, Inc. and Does 1-150 (collectively, "Defendants") [Doc. No. 23] joint motion for conditional certification of a settlement class in this action, preliminary approval of the parties' proposed settlement, approval of the Notice of Proposed Class Action Settlement, the Notice of Individual Weeks Worked, and the Request for Exclusion, and the setting of a date for the hearing on final approval of the settlement.

The Court hereby AMENDS the November 15, 2011 Order for the following discrete purposes: (1) to correct the description of the Settlement Class, infra para. 5, to reflect the accurate class period; and (2) to reset the Final Approval Hearing for a date that allows full compliance with the schedule of events set forth below, infra para. 10.

AMENDED ORDER

The Court having read and considered the papers on the motion, good cause appearing therefore,

IT IS HEREBY ORDERED THAT:

1. The Court GRANTS preliminary approval of the settlement based upon the terms set forth in the parties Stipulation of Settlement and Release ("Settlement Agreement") filed herewith. The settlement appears to be fair, adequate, and reasonable to the class;

2. The settlement falls within the range of reasonableness, appears to be the product of arm's-length and informed negotiations, appears to be presumptively valid, subject only to any objections that may be raised at the final hearing, and appears intended to treat all Class Members fairly;

3. The Court approves, as to form and content, the Notice of Proposed Class Action Settlement, attached as Exhibit 1 to the Settlement Stipulation, the Notice of Individual Weeks Worked, attached as Exhibit 2 to the Settlement Stipulation, and the Request for Exclusion form, attached as Exhibit 3 to the Settlement Stipulation;

4. The Court directs the mailing of the Notice of Proposed Class Action Settlement, Notice of Individual Weeks Worked, and the Request for Exclusion by first class mail to the class members in accordance with the schedule set forth below. The Court finds that the dates selected for the mailing and distribution of those documents, as set forth herein, meet the requirements of due process and provide the best notice practicable under the circumstances and shall constitute due and sufficient notice to all persons entitled thereto;

5. It is ordered that the settlement class is preliminarily certified for settlement purposes only, which class is described as: "All current and former non-exempt employees of Defendant Western Mesquite Mine, Inc., in Brawley, California, between February 16, 2007 and the date of preliminary approval". In preliminarily certifying the class for settlement purposes, the Court finds that all of the requirements for class certification as set forth in Federal Rule of Civil Procedure 23 are satisfied based upon the allegations of the complaint and the evidence provided to the Court, subject to further consideration at the Final Approval Hearing after distribution of notice to the members of the Settlement Class as set forth below. In the event the proposed settlement is not consummated for any reason, the conditional certification set forth in this paragraph shall be of no further force or effect;

6. The Court confirms Philip A. Downey, Anthony N. Luti and Dennis P. Wilson, have fairly and adequately represented the interests of the Settlement Class, will continue to do so and therefore pursuant to Federal Rule of Civil Procedure 23(g)(1), are hereby appointed class counsel for purposes of representing the Settlement Class conditionally certified in this Order. The Court GRANTS preliminary approval to an award of attorneys' fees to class counsel in an amount not to exceed $437,500, plus costs not to exceed $30,000, both of which to be set on motion;

7. The Court confirms Medalia Rodriguez and Juan Alcala have fairly and adequately represented the interests of the Settlement Class, will continue to do so and therefore pursuant to Federal Rule of Civil Procedure 23(a)(4), are hereby appointed as the class representatives. The Court GRANTS preliminary approval to a proposed service payment to them of $5,000 each, which amount is to be set on motion;

8. The Court confirms CPT Group as the settlement administrator and grants preliminary approval of the reasonable costs of administration payable to CPT Group ...


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