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Raya v. Amazon.Com, LLC

United States District Court, N.D. California, San Francisco

July 22, 2016

SANTIAGO RAYA on behalf of himself and all others similarly situated, Plaintiffs,
v.
AMAZON.COM, LLC, a Delaware Limited Liability Company; GOLDEN STATE FC, LLC, a Delaware Limited Liability Company and, DOES 1 through 10, inclusive, Defendants.

          [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, CONDITIONAL CERTIFICATION, APPROVAL OF CLASS NOTICE, AND SETTING OF FINAL FAIRNESS HEARING

          Honorable Maxine M. Chesney Judge

         The Court, having fully reviewed the Motion for Order Granting Preliminary Approval of Class Action Settlement, the supporting Points and Authorities, Declarations of Class Counsel Isam C. Khoury and Sahag Majarian II, the Joint Stipulation of Settlement and Release (“Stipulation of Settlement”), Notice of Class Action Settlement and Claim Form, and the Proposed Order Granting Preliminary Approval, and in recognition of the Court’s duty to make a preliminary determination as to the reasonableness of any proposed collective action settlement and, if preliminarily determined to be reasonable, to ensure proper notice is provided to Class Members in accordance with due process requirements, and to conduct a Final Approval hearing as to the good faith, fairness, adequacy and reasonableness of any proposed settlement, HEREBY MAKES THE FOLLOWING DETERMINATIONS AND ORDERS:

         1. The Court finds, on a preliminary basis, that the Stipulation of Settlement incorporated in full by this reference and made a part of this Order Granting Preliminary Approval, is within the range of reasonableness of a settlement which could ultimately be given final approval by this Court. The Court notes that Defendants Amazon.com, LLC. and Golden State FC, LLC (“Defendants”) have agreed to pay the Maximum Settlement Amount of $600, 000 in full satisfaction of the claims as more specifically described in the Stipulation of Settlement.

         2. The Court also finds that, on a preliminary basis, the Settlement is fair and reasonable to Class Members when balanced against the probable outcome of further litigation relating to the class action certification, liability and damages issues, and potential appeals of rulings. The Court further finds that significant investigation, research, litigation and formal/informal discovery have been conducted such that Counsel for the Parties are able to reasonably evaluate their respective positions. The Court further finds that settlement at this time will avoid substantial costs, delay and risks that would be presented by the further prosecution of the litigation, and that the proposed Settlement has been reached as the result of intensive, informed and non-collusive negotiations between the Parties. ACCORDINGLY, GOOD CAUSE APPEARING, THE MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT IS HEREBY GRANTED.

         3. As a part of said preliminary approval, the Court hereby accepts and incorporates the Parties’ Stipulation of Settlement and hereby conditionally certifies the following class of persons, for settlement purposes only, pursuant to the terms and conditions contained in said Stipulation of Settlement:

All persons employed by Golden State FC, LLC in California, in a Warehouse
Associate position, at any time during the period from March 18, 2014 through and including August 5, 2016.

         4. The Court approves and appoints Plaintiff Santiago Raya as the Class Representative.

         5. The Court approves and appoints Cohelan Khoury & Singer and the Law Offices of Sahag Majarian II as Class Counsel.

         6. The Court approves and appoints Rust Consulting, Inc. as the Claims administer to Administrator the Settlement pursuant to the terms of the Stipulation of Settlement.

         7. The Court finds that the Notice of Class Action Settlement (“Notice”) and the Claim Form advise of the pendency of the Class Action, of the proposed Settlement, of the preliminary Court approval of the proposed Settlement, claim submission timing and procedures, objection timing and procedures, and of the Final Approval hearing date. The Court further finds that these documents fairly and adequately advise Class Members of the terms of the proposed Settlement and the rights and benefits available to Class Members thereunder, and of the Final Approval hearing and the right to file documentation in support of or in opposition to the Settlement and to appear in connection with said hearing. The Court further finds that the Notice and Claim Form clearly comport with all constitutional requirements including those of due process. ACCORDINGLY, GOOD CAUSE APPEARING, THE COURT HEREBY APPROVES (1) THE PROPOSED NOTICE OF CLASS ACTION SETTLEMENT, AND (2) THE PROPOSED CLAIM FORM ATTACHED AS EXHIBITS HERETO;

         8. The Court finds that the mailing to the present and last known address of the members of the above-named Class constitutes an effective method of notifying Class Members of their rights with respect to the Class Action and Settlement. ACCORDINGLY, IT IS HEREBY ORDERED that:

A. No later than August 26, 2016, Defendant shall forward to the appointed Claims Administrator, Rust Consulting, Inc., the Class Data (formatted as a Microsoft Office Excel spreadsheet) which will include for each Class Member the following: (1) full name; (2) last known address and telephone number to the extent available in Defendant’s business records; (3) social security number; and (4) dates of employment;
B. No later than September 9, 2016, Rust Consulting, Inc., shall mail to each Class Member, by first class, postage pre-paid, the Notice of Class Action Settlement, Claim Form, and pre-printed, postage paid return ...

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