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Tchoboian v. Fedex Office and Print Services, Inc.

United States District Court, C.D. California

April 8, 2014

RAZMIG TCHOBOIAN and ANGELA POTIKYAN, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
FEDEX OFFICE AND PRINT SERVICES, INC. (f/k/a FEDEX KINKO'S OFFICE AND PRINT SERVICES, INC.); and DOES 1 through 10, inclusive, Defendants.

ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT JS-6

JOHN A. KRONSTADT, District Judge.

On October 22, 2012, Plaintiffs Razmig Tchoboian and Angela Potikyan ("Plaintiffs"), on behalf of themselves and all others similarly situated, filed a Motion For Preliminary Approval Of Class Action Settlement. Attached as Exhibit 1 to the Motion For Preliminary Approval Of Class Action Settlement was the Stipulated Settlement Agreement and Release[1] (hereinafter sometimes referred to as "Settlement" or "Agreement"), entered into between Plaintiffs Razmig Tchoboian and Angela Potikyan, on behalf of themselves and all others similarly situated, on the one hand, and Defendant FedEx Office and Print Services, Inc. ("FedEx Office"), on the other hand, and their respective counsel of record.

On November 29, 2012, this Court entered an Amended Order granting preliminary approval of the proposed class action Settlement. Dkt. No. 170. As part of the same Order, the Court approved a plan of notice to be directed to Settlement Class members, set deadlines by which Settlement Class members may opt-out, object or request to be heard at the final approval hearing, and scheduled a final approval hearing date of April 8, 2013. Dkt. No. 170, ¶¶ 8, 9, 10-13, 15.

On January 8, 2013, the Court also entered an Order With Respect To Plaintiffs' Ex Parte Application Concerning Notice Requirements To Class Members and as part of that Order required the implementation of additional, supplemental notice on the ExpressPay kiosks. Dkt. No. 177, ¶ 6.

On March 8, 2013, Plaintiffs, Razmig Tchoboian and Angela Potikyan, on behalf of themselves and on behalf of the Settlement Class, filed a Motion For Final Approval Of Class Action Settlement ("Motion For Final Approval"). Dkt. No. 178.

Also on March 8, 2013, Plaintiffs and Class Counsel filed a Motion For Award Of Attorney's Fees And Costs To Class Counsel And Incentive Payments To The Class Representatives ("Motion For Fees, Costs And Incentive Awards"). Dkt. No. 180.

On March 18, 2013, FedEx Office filed an opposition to the Motion For Fees, Costs And Incentive Awards. Dkt. No. 186.

On March 25, 2013, Plaintiffs and Class Counsel filed a reply in support of the Motion For Fees, Costs And Incentive Awards. Dkt. No. 192.

On April 3, 2013, FedEx Office filed a sur-reply to the Motion For Fees, Costs And Incentive Awards. Dkt. No. 202.

On April 8, 2013, this Court held a hearing on the Motion For Final Approval and on the Motion For Fees, Costs And Incentive Awards. Class Counsel, Chant Yedalian, appeared on behalf of Plaintiffs and the Settlement Class. FedEx Office's counsel, Stephanie Sheridan, appeared on behalf of FedEx Office. No other appearances were made or requested.

Having duly considered all submissions and arguments presented, IT IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS:

1. The Court hereby grants final approval of the proposed Settlement upon the terms and conditions set forth in the Agreement.

2. The Court finds that the terms of the proposed Settlement are fair, adequate and reasonable and comply with Rule 23(e) of the Federal Rules of Civil Procedure ("FRCP").

3. The Court previously certified, and hereby reaffirms certification, of the following Settlement Class ...


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