The opinion of the court was delivered by: Honorable Larry Alan Burnsunited States District Judge Southern District OF California
ORDER RE JOINT MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT [ECF NO. 113], PLAINTIFFS' UNOPPOSED MOTION FOR FEES COSTS, & EXPENSES [ECF NO. 114], DISMISSAL OF DELTA-T GROUP, INC. [ECF NO. 109], AND FINAL ORDER OF JUDGMENT VONDA
Plaintiffs Vonda Norris-Wilson and Abigail Papa, on behalf of themselves and the certified class ("Plaintiffs"), and Defendants Delta-T Group, Inc., Delta-T Group San Diego, Inc. and Delta-T Group Los Angeles, Inc. ("Defendants") (collectively the "Parties") submitted a Joint Motion for Final Approval of Class Settlement on Monday, September 10, 2012. The same day, Plaintiffs filed an Unopposed Motion for Attorneys' Fees, Costs, and Expenses. The Parties appeared before this Court on Monday, September 24, 2012, for the final fairness hearing on the motions.
Having considered the Parties' motion, Plaintiffs' motion, associated filings, and the record of this case, IT IS HEREBY ORDERED that the Parties' Joint Motion for Final Approval of Class Settlement and Plaintiffs' Unopposed Motion for Fees, Costs & Expenses are GRANTED.
1. The Court HEREBY FINALLY APPROVES the proposed Settlement Agreement, (Agreement, Lukas Decl., Ex. 1, ECF No. 108-3), in its entirety as it meets the requirements of Federal Rule of Civil Procedure 23(e) because it is fair, reasonable, and adequate for the class members;
2. The Court HEREBY APPROVES of Defendants' payment of the Gross Settlement Amount of $594,000 in connection with this settlement, to be distributed as follows:
a. $384,238 to be distributed to the class members on a pro rata basis pursuant to revised Exhibit A of the Settlement Agreement, (Ex. 3, Jt. Mot. for Final App., ECF No. 113-5);
b. $148,500-or 25% of the Gross Settlement Amount-to Class Counsel pursuant to paragraph 14 of the Settlement Agreement;
c. $47,261.91 from the Gross Settlement Amount to Class Counsel to cover litigation costs and expenses;
d. $8,000 to a contingency fund established to address allocation errors identified by the Parties. Any monies remaining in the contingency fund after adjustments for allocation errors-in an amount not to exceed $1,879.22-shall be distributed to Class Counsel 90 days following the distribution of settlement checks by Defendants for the purpose of covering settlement administration costs. Any residual amounts, upon the payment of administration costs, shall be distributed to cy pres according to the Settlement Agreement;
e. $1,500 to each Plaintiff to settle their individual, uncertified meal and rest break an unreimbursed business expenditures claims; and
f. $1,500 to each Class Representative as service payments for their time and commitment to the class.
3. The Court HEREBY FINDS the above distributions, including but not limited to the allocations of monies for service payments, contingency fund, costs, expenses, and attorneys' fees to be fair, reasonable, and adequate;
4. The Court HEREBY FINALLY APPROVES of the notice of class action and settlement distributed by Class Counsel to class members. As the Court previously noted in its order on the Parties' motion for preliminary approval, the notice fully and accurately informed class members of all material elements of the proposed class action settlement, of the class members' right to be excluded from the class, and the class members' right to object to the proposed class action settlement. Class Counsel's mailing of the notice to addresses supplied by Defendants-and verified through the National Change of Address Database, the U.S. Post Office's notices of forwarding address, and additional addresses identified through the Lexis Accurint system- provided adequate dissemination of this proper notice. Thus, the notice satisfies the requirements of due process and of Federal Rule of Civil Procedure 23(c)(2)(B), (e) in both form and substance;
5. The Class Members, as identified in Exhibit 3 to the Parties' Joint Motion Final Class Settlement Approval are HEREBY BOUND by the terms of the Settlement Agreement, including, but ...