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Marble v. American International Group, Inc.

United States District Court, Ninth Circuit

June 20, 2013

JEREMY MARBLE on behalf of himself and on behalf of all others similarly situated and the General Public, Plaintiffs,
v.
AMERICAN INTERNATIONAL GROUP, INC., a Delaware corporation; CHARTIS, INC., a Delaware corporation; and DOES 1 through 10, inclusive, Defendants.

ORDER APPROVING CLASS ACTION SETTLEMENT, GRANTING ATTORNEYS FEES AND EXPENSED AND FINAL JUDGMENT

GEORGE H. WU, District Judge.

On June 20, 2013, a hearing pursuant to Federal Rule Civil Procedure 23(e) was held before this Court for the following purpose:

a. To finally determine whether the Class satisfies the applicable prerequisites for certification for settlement purposes under Fed.R.Civ.P. 23(a) and (b);
b. To determine whether the proposed settlement, as reflected in the Settlement Agreement attached to the Motion for Preliminary Approval [Dkt. No. 43], is fair, reasonable, and adequate, and should be finally approved by the Court;
c. To determine whether the proposed Order and final Judgment should be entered, and to determine whether the release by the Class, as set forth in the Settlement Agreement, should be provided;
d. To consider Class Counsel's application for an award of attorneys' fees and reimbursement of expenses; and
e. To rule upon such other matters as the Court may deem appropriate.

IT IS HEREBY ORDERED, as follows:

1. The Court finds for the purposes of this Settlement, that the prerequisites under Fed.R.Civ.P. 23(a) and (b)(3) have been satisfied in that: (a) the number of Class Members is so numerous that joinder of all members thereof is impracticable; (b) there are questions of law and fact common to the Class; (c) the claims of the Plaintiffs are typical of the claims of the Class Members that they represent; (d) the Plaintiffs have represented, and will fairly and adequately represent, the interests of Class Members; (e) questions of law and fact common to Class Member predominate over any questions affecting only individual members of the Class; and (f) a class action is superior to other available methods for the fair and efficient adjudication of the controversy.

2. Solely for the purposes of this settlement, a settlement class is hereby certified and defined as follows: " All individuals employed by Defendants as Claims Adjusters (including Claims Analysts, Claims Specialists and Litigation Specialists) in the Private Client Group in either the Auto, Casualty or Property Unit in California between May 11, 2007 and the date that the Court approves this Settlement Agreement ("Settlement Class").

3. A member of the Class shall hereinafter be referred to as a "Settlement Class Member."

4. The Court hereby approves, as fair, reasonable, and adequate under Fed.R.Civ.P. 23, the Settlement, and the terms contained in the Settlement Agreement.

5. Solely for the purposes of this settlement, Plaintiff Jeremy Marble is appointed as the class representative and Plaintiff's counsel, Mark J. Skapik and Geralyn L. Skapik of the Skapik Law Group, Brian S. Kabateck of Kabateck Brown Kellner LLP, and Eric C. Morris of the Southern California Lawyers Group, PC, are appointed as Class Counsel.

6. Notice of the pendency of this action (the "Action") as a class action and of the Stipulation was given to all Class Members who could be identified with reasonable effort. The form and method of notifying the Class of the pendency of the Action as a class action and of the terms and conditions of the proposed settlement embodied in the Stipulation met the requirements of Fed.R.Civ.P. 23, due process, and any other applicable law, constitutes the best notice ...


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