United States District Court, N.D. California
ORDER GRANTING PLAINTIFFS' (1) MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT; AND (2) MOTION FOR AWARD OF ATTORNEYS' FEES, INCENTIVE AWARD, AND REIMBURSEMENT OF COSTS
WILLIAM H. ORRICK, District Judge.
Plaintiff's Motion for Final Approval of Class Settlement and Plaintiff's Motion for Award of Attorneys' Fees, Incentive Award, and Reimbursement of Costs (hereinafter "Motions") came on regularly for hearing on February 11, 2015 in the United States District Court for the Northern District of California, the Honorable William H. Orrick presiding. All parties were represented by counsel.
Having considered the memoranda and declarations, oral arguments of counsel, and the relevant statutory and case law, and having conducted a fairness hearing on February 11, 2015, the Court GRANTS Plaintiff's Motions and orders and finds as follows:
1. The Motion for Final Approval of Class Settlement, filed January 7, 2015, is GRANTED.
2. The Parties' Proposed Settlement Agreement filed on July 11, 2014 (Docket No. 46) and the attachments thereto (hereinafter the "Settlement Agreement"), which the Court preliminarily approved as fair, adequate, and reasonable, and within the range of possible approval on September 11, 2014 (Docket No. 51), is incorporated by reference as if fully set forth herein, and the definitions used in the Settlement Agreement are adopted for use herein.
3. This ruling is based on federal common and statutory law, including 29 U.S.C. § 216(b) and the Federal Rules of Civil Procedure, as well as federal and other authority, including the Federal Judicial Center's MANUAL FOR COMPLEX LITIGATION (4th ed. 2004) and ANNOTATED MANUAL FOR COMPLEX LITIGATION - FOURTH (2005).
4. The proposed Settlement Agreement is fair and reasonable and therefore approved. The average payout per claim is significant and participation rate of the class in this settlement of 40% is robust.
5. The Court certifies, for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23 and 29 U.S.C. § 216(b), a settlement class defined as follows: All individuals currently or formerly employed by Defendants SuperShuttle International, Inc. or SFO Airporter, Inc. d/b/a/Compass Transportation as bus drivers/operators in California at any time from December 21, 2008, through the date of Preliminary Approval of the Settlement.
6. Steven G. Tidrick, Esq., and Joel Young, Esq., of The Tidrick Law Firm are appointed as Class Counsel and Plaintiff Michael Williams is appointed as the Class Representative.
7. No member of the Rule 23 class has objected to the Settlement Agreement.
8. The Settlement Administrator shall distribute the awards to the class members as specified in the Settlement Agreement.
9. Under Federal Rules of Civil Procedure 23(h)(1) and 54(d)(2), Plaintiff in this class action has moved for an award of attorneys' fees, incentive award, and reimbursement of costs. Pursuant to Rule 23(h)(3), the Court must make findings of fact and state its conclusions of law.
10. This class action settlement resolves a wage-and-hour dispute on a class-wide basis.
11. The Court's September 11, 2014 order granted preliminary approval of the class-wide settlement agreement, an agreement which specified that Class Counsel could request reimbursement from the settlement fund for up to $90, 000 in attorneys' fees and costs, and up to $3, 000 as an incentive award to the Class ...