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Becerra v. Radioshack Corporation

United States District Court, Ninth Circuit

October 22, 2013

MARCUS BECERRA, NATALIE CIEBRANT, PHILLIP DIETRO, and ARIEL GONZALEZ, on behalf of themselves, all others similarly situated, and as

KELLER GROVER LLP, Eric A. Grover, Attorneys for Plaintiffs and Proposed Class Counsel.

McKENNA LONG & ALDRIDGE LLP James S. McNeill, Peter Z. Stockburger, Attorneys for Defendant RADIOSHACK CORPORATION

[PROPOSED] ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASSACTION SETTLEMENT

YVONNE GONZALEZ ROGERS, District Judge.

The Motion for Preliminary Approval of Class Action Settlement, filed by Plaintiffs MARCUS BECERRA, NATALIE CEIBRANT, PHILLIP DIETRO and ARIEL GONZALEZ ("Plaintiffs") came on for hearing regularly in Courtroom 5 of the above captioned court, the Honorable Yvonne Gonzalez Rogers presiding. All parties appeared by counsel of record.

Having fully received and considered the Plaintiffs' motion, the Declaration of Eric A. Grover, the Joint Stipulation for Settlement of Class Action ("Settlement Stipulation"), the proposed Class Notice and Claim Form and revisions thereto, and the arguments of counsel presented to the Court at the hearing of this motion, and with GOOD CAUSE A PPEA RI NG, the Court hereby rules as fol lows:

1. The Court GRANTS Plaintiffs' Motion for Preliminary Approval of Class Action Settlement;
2. The Court GRANTS preliminary approval of the terms and conditions contained in the Settlement Stipulation. The Court finds that the terms of the Settlement Stipulation are within the range of possible approval at the final approval hearing. Unless otherwise provided in this Order, all capitalized terms shall have the same meaning as set forth in the Settlement Stipulation;
3. The Court FINDS that the following class should be preliminarily certified for settlement purposes only: "All current and former employees of Defendant who worked at a kiosk located within a Target retail store in California at any time during the period September 21, 2009 through April 30, 2013, inclusive";
4. The Court FINDS that, for the purposes of approving this settlement, the proposed settlement Class meets the requirements of certification under Rule 23 of the Federal Rules of Civil Procedure: (a) the proposed Class is ascertainable and so numerous that joinder of all members of the Class is impracticable; (b) there are questions of law or fact common to the proposed Class Members; (c) the claims of the named Plaintiffs are typical of the claims of the members of the proposed Class and the named Plaintiffs are representatives of the Class; (d) Plaintiffs' Counsel Keller Grover LLP, Steven L. Miller, A Professional Law Corp., and Law Offices of Scott A. Miller, A.P.0 will fairly and adequately protect the interests of the Class; and (e) a class action is superior to the other available methods for an efficient resolution of this controversy
5. The Court APPOINTS as Class Counsel Keller Grover LLP;
6. The Court APPROVES Plaintiffs Marcus Becerra, Natalie Cei brat, Phillip Dietro and Ariel Gonzalez as Class Representatives;
7. The Court APPROVES Si mpl uris, Inc. as Claims Administrator for the purpose of this settlement. Simpluris, Inc. is required to submit admissible evidence to support its request for payment in connection with the Final Fairness Hearing;
8. The Court APPROVES the Class Notice, Claim Form and mailing envelope in the forms attached hereto as Exhibits 1, 2 and 3. The Court finds that the Class Notice and Claim Form constitute the best notice practicable under the circumstances and is in full compliance with the laws of the United States and the requirements of due process. The Court further finds that the Class Notice and Claim Form fully and accurately inform Class Members of all material elements of the Settlement Stipulation, of each Class Member's right to submit a claim, of each Class Member's right to be excluded from the settlement, and of each Class Member's right and opportunity to object to the settlement. The Class Notice shall be sent via first class mail to the most recent known address of each Class Member no later than December 5, 2013;;
9. The Claims Administrator shall take all other actions in furtherance of obtaining correct mail address information for settlement Class Members, determination of Settlement Class Member payment amounts, receiving and processing Class Member challenges, opt-outs, and objections, and other claims administration functions, as are specified in the Settlement Stipulation;
10. Defendant shall mail the Class Notice and Claim to Class Members and other administration functions it agreed to be responsible for, as are specified in the Settlement Stipulation;
11. The Court APPROVES the proposed procedure for the automatic settlement payment to Class Members who do not timely opt out of the settlement and the proposed procedure for Class Members to submit a Claim Form for an additional settlement payment. Any Class Member submitting a Claim Form must mail a signed Claim Form to the Claims Administrator so that it is postmarked no later than February 3, 2014;
12. The Court APPROVES the proposed procedure for the Class Members to submit a request for exclusion from the settlement. Any Class Member requesting exclusion from the settlement must mail a signed request for exclusion to the Claims Administrator so that it is postmarked no later than February 3, 2014. Any Class Member who submits a valid and timely request for exclusion shall no longer be a member of the Class, shall be barred from participating in this settlement and shall receive no benefit from this settlement;
13. The Court further ORDERS that, as provided for in the Settlement Stipulation and pursuant to Federal Rule of Civil Procedure 23(e)(5), each Class Member shall be given a full opportunity to object to the settlement, the plan of distribution, and the requests for attorneys' fees, costs and the Named Plaintiffs' enhancement awards. As explained in the Class Notice, any Class Member seeking to object to the settlement shall submit that objection to the Claims Administrator in writing and shall serve that objection on Class Counsel and Defense Counsel no later than 60 calendar days after the date on which the Class Notice is first mailed. Class Counsel shall provide copies of any objections submitted by Class Members as part of the final approval submission. Should any party wish to file a written response to any written objection submitted by a Class Member, that response shall be contained in the motion for final approval of the settlement , to be filed at least 21 calendar days before the Final Approval Hearing. Any Class Member who fails to file and serve a timely written objection shall be foreclosed from objecting to the Settlement Stipulation unless otherwise ordered by the Court. No person shall be heard at the Final Approval Hiring, and no briefs or papers shall be received or considered, unless the foregoing documents have been filed and served as provided in this Order, except as this Court may permit for good cause shown;
14. The Court preliminarily APPROVES the proposed settlement of the California Labor Code section 2698, et seq. claims alleged in the Lawsuit and the al location of $6, 000 to settle those claims. Should final approval be granted, of that amount, and in accordance with California Labor Code section 2699(i), 75%, or $4, 500, shall be paid to the State of California Labor and Workforce Development Agency and the remaining 25%, or $1, 500, shall be distributed on a pro-rata basis to all Class Members who do not opt out in accordance with the terms of the Settlement Stipulation;
15. Class Counsel shall file a motion for approval of reasonable attorneys' fees, costs, and litigation expenses and a motion for approval of enhancement awards for Plaintiffs Becerra, Ciebrant, Dietro and Gonzalez no later than January 13, 2014, which is 21 calendar days before the deadline by which Settlement Class Members may object to or opt out of thesettlement;
16. The motion for final approval of the settlement and all supporting papers shall be filed no later than February 25, 2014, which is 21 calendar days before the Final Approval Hearing. The Final Approval Hearing may be adjourned or continued without further notice to the Class; and
17. The Final Approval Hearing is scheduled for March 18, 2014 at 2:00 p.m. in Department 1 of this Court, at which time the Court shall finally determine whether the settlement is fair, reasonable and adequate. The date and time selected for the hearing must appear in the Class Notice.

With the Court's modifications contained herein (see paragraphs 13 and 16, and the introductory paragraphs), IT IS SO ORDERED.

This Order terminates Dkt. No. 72.

Respectfully submitted,

EXHIBIT 1

(to [Proposed] Order GRANTING Motion for Preliminary Approval of Class Action Settlement)

EXHIBIT 2

(to [Proposed] Order GRANTING Motion for Preliminary Approval of Class Action Settlement)

EXHIBIT 3

(to [Proposed] Order GRANTING Motion for Preliminary Approval of Class Action Settlement)


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