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Sacramento Daniel Vasquez and Wayne Cuthill, On Their Own Behalf and On Behalf of A Class of Similarly Situated v. Panella Trucking

March 21, 2012

SACRAMENTO DANIEL VASQUEZ AND WAYNE CUTHILL, ON THEIR OWN BEHALF AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED
PERSONS PURSUANT TO F.R.C.P. 23 AND 23
U.S.C. § 216, AND ON BEHALF OF THE GENERAL PUBLIC,
PLAINTIFFS,
v.
PANELLA TRUCKING, L.L.C., A TRIAL DATE: NO DATE SET CALIFORNIA LIMITED LIABILITY CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Judge: Hon. John A. Mendez

ORDER GRANTING JOINT MOTION FOR FINAL APPROVAL OF SETTLEMENT

Courtroom: 6

Date: March 21, 2012

Complaint Filed: October 13, 2009

Time: 9:30 a.m.

TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD: This matter having come before the Court on March 21, 2012, for the Final Approval Hearing on the Parties' Joint Motion for Final Approval of Class Settlement and Plaintiff's Unopposed Application for Award of Attorneys' Fees and Costs, due and adequate notice having been given to Class Members as required by the Court's Preliminary Approval Order dated June 2, 2011, and the Court, having considered all the papers filed and proceedings herein, having received no objections to the Settlement, having determined that the Settlement is fair, adequate and reasonable, and otherwise being fully informed, HEREBY ORDERS AS FOLLOWS:

1. All terms used herein shall have the same meaning as given them in the Joint Stipulation of Class and Collective action Settlement and Release of Claims ("Stipulation").

2. The Court has jurisdiction over the subject matter of this proceeding and over all Parties to this proceeding, including all Class Members.

3. The Court hereby unconditionally certifies the Settlement Class, as set forth in the Stipulation, for purposes of this Settlement only.

4. Distribution of the Notice and Request for Exclusion Form directed to the Class Members as set forth in the June 2, 2011 Order granting preliminary approval has been completed in conformity with the Preliminary Approval Order, including individual notice to all Class Members who could be identified from Defendant's records and reasonable effort, and constituted the best notice practicable under the circumstances. The Notice provided due and adequate notice of the proceedings and of the matters set forth in the Preliminary Approval Order, including the proposed Settlement as set forth in the Stipulation. The Notice provided adequate and appropriate notice to all persons entitled to such notice, and therefore fully satisfied the requirements of due process. All Class Members and all Released Claims are covered by and included within the Settlement and within this Final Approval Order.

5. The Court finds that the Settlement has been reached as a result of intensive, serious, and non-collusive arms-length negotiations and the Settlement was entered into in good faith. The Court further finds that the Settlement is fair, reasonable, and adequate, and that Plaintiff and Class Members have satisfied the standards and applicable requirements for final approval of this class action Settlement under California law.

6. The Court hereby approves the Settlement as set forth in the Stipulation and directs the parties to effectuate the Settlement according to the terms set forth in the Stipulation. In granting final approval of the Stipulation, the Court considered the nature of the claims, the amounts and kinds of benefits paid in settlement, the allocation of settlement proceeds among the Settlement Class Members, and the fact that a settlement represents a compromise of the parties' respective positions rather than the result of a finding of liability at trial. Additionally, the Court finds that the terms of the Stipulation have no obvious deficiencies and do not improperly grant preferential treatment to any individual Class Member.

7. Neither the Settlement nor any of the terms set forth in the Stipulation constitute an admission by Defendant, or any of the other Released Parties, of liability to the named Plaintiff or any Class Member, nor does this Final Approval Order constitute a finding by the Court of the validity of any of the claims alleged in the Lawsuit, or of any liability of Defendant or any of the other Released Parties.

8. The Court hereby finds the $140,000.00 Maximum Payment provided for in the Stipulation to be ...


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