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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 ...

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