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Aquino v. Ceva Logistics U.S. Inc.

United States District Court, C.D. California

June 23, 2016

SERGIO AQUINO, an individual, on behalf of himself and all others similarly situated, Plaintiff,
v.
CEVA LOGISTICS U.S. INC., a Delaware corporation, CEVA FREIGHT MANAGEMENT INTERNATIONAL, INC., a Delaware corporation, CEVA HOLDINGS, LLC a Delaware limited liability company and DOES 1 through 10, inclusive, Defendants.

          [PROPOSED] ORDER AND JUDGMENT GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

          Honorable Virginia A. Phillips United States District Court Judge

         FINAL APPROVAL ORDER AND JUDGMENT

         WHEREAS, on October 28, 2015 and February 2, 2016, Orders Preliminarily Approving the Settlement (collectively "Preliminary Approval Orders") were issued by the Court preliminarily approving the Joint Stipulation of Class Action Settlement ("Settlement Stipulation" or "Settlement Agreement") and directing that notice be given to the Settlement Class pursuant to the terms of the Preliminary Approval Orders and Settlement Agreement;

         WHEREAS, pursuant to the terms of the Preliminary Approval Orders and Settlement Agreement, the Settlement Class was notified of, inter alia: (i) the terms of the Settlement Agreement; (ii) the right of and procedure for members of the Settlement Class to exclude themselves from the settlement; (iii) the right of and procedure for Settlement Class Members to object to final approval of the settlement and/or Class Counsel's Motion for Attorneys' Fees and Costs (including the incentive award to the Class Representative); and (iv) the date, time and location of the Final Approval Hearing and that the date, time, and location of the Final Approval Hearing were subject to change by the Court without further notice to Settlement Class Members.

         NOW, THEREFORE, the Court, having considered the presentations of Class Counsel and CEVA's Counsel, having reviewed the submissions presented with respect to the settlement and the fact that no objections were filed, and having considered the requirements for class certification, and pursuant to the Order rendered on June 13, 2016 granting Final Approval, it is hereby ORDERED, ADJUDGED AND DECREED THAT:

         1. The capitalized terms used in this Final Approval Order and Judgment shall have the same meaning as defined in the Settlement Agreement.

         2. The Court has jurisdiction over the subject matter of the Action and over all claims raised therein and all Parties thereto, including the Settlement Class.

         3. The Court has analyzed the elements for class certification and finds, solely for the purposes of considering final approval of the Settlement, that the requirements of Federal Rule of Civil Procedure 23 are satisfied, including requirements of an ascertainable Settlement Class, numerosity of the Settlement Class, common questions of law or fact, typicality of the Class Representative's claims to the claims of the Settlement Class, the predominance of common issues of law and fact and superiority of a class action to resolve the claims in the Action compared to alternative means. Accordingly, the Court hereby certifies the Settlement Class.

         4. The Settlement Class, which shall be bound by this Final Approval Order and Judgment, shall include all members of the Settlement Class who did not submit timely and valid Requests for Exclusion.

         5. For purposes of the Settlement and this Final Approval Order and Judgment, the Settlement Class shall consist of all current and former non-exempt employees employed by Defendants at CEVA's Mira Loma Fulfillment Center in the State of California from July 15, 2010 through September 30, 2013, and includes persons paid through third-party staffing agencies. The Settlement Class fall into the following two Sub-Classes:

(1) "CEVA Sub-Class Members" means all current and former non-exempt employees directly employed by Defendants at CEVA's Mira Loma Fulfillment Center in the State of California from July 15, 2010 through September 30, 2013.
(2) "Temp Sub-Class Members" means all current and former non-exempt employees placed by and paid through third-party staffing agencies and placed at CEVA's Mira Loma Fulfillment Center in the State of California from July 15, 2010 through September 30, 2013.

         6. The Court finds that the provisions for notice to the Settlement Class set forth in paragraphs 43 and 45 and exhibit A of the Settlement Agreement and performed pursuant to the Preliminary Approval Orders are the best notice practicable and sufficient notice to the Settlement Class of the terms of the Settlement Agreement, Settlement Class members' right to exclude themselves from the Settlement Agreement so as not to be bound by its terms or to object to the Settlement Agreement and/or Class Counsel's motion for attorneys' fee and costs, and the Final Approval Hearing and fully comply with the Federal Rules of Civil Procedure, the United States Constitution, federal due process, and any other applicable law.

         7. The settlement, claims administration, and payment distribution process as set forth in the Settlement Agreement, are in all respects fair, reasonable, adequate and in the best interests of the Settlement Class, and, as such, they are approved. The Parties shall effectuate the Settlement according to the terms of the Settlement Agreement. The Settlement Agreement and every provision therein shall ...


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