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Carter v. Shalhoub Management Co. Inc.

United States District Court, C.D. California

March 15, 2017

JAMES WESLEY CARTER, individually and on behalf of a class o similarly situated persons, Plaintiff,
v.
SHALHOUB MANAGEMENT COMPANY, INC., DESERT GATE MANAGEMENT, LLC, DNR MANAGEMENT, LLC, DNS2 MANAGEMENT, LLC, SHALHOUB MCDONALD'S, RICHARD AND DALE SHALHOUB FAMILY TRUST, RICHARD M. SHALHOUB Defendants.

          FINAL APPROVAL ORDER

          Michael W. Fitzgerald United States District Judge

         This matter, having come before the Court on the Plaintiff James Wesley Carter's Motion for Final Approval of the proposed class action settlement with Defendants Shalhoub Management Company, Inc., Desert Gate Management, LLC, DNR Management, LLC, DNS2 Management, LLC, Shalhoub McDonald's, Richard and Dale Shalhoub Family Trust, Richard M. Shalhoub (“Defendants”); the Court having considered all papers filed and arguments made with respect to the settlement, and having provisionally certified, by Order entered October 21, 2016 (Doc.64), a Class, and the Court, being fully advised in the premises, finds that:[1]

         A. For purposes of settlement, this action satisfies the applicable prerequisites for class action treatment under Fed.R.Civ.P. 23(a) and (b)(3). The class as defined in this Court's Preliminary Approval Order (the “Class”) is so numerous that joinder of all members is not practicable, there are questions of law and fact common to the Class, the claims of the Class Representative are typical of the claims of the Class, and the Class Representative will fairly and adequately protect the interests of the Class. Questions of law and fact common to the members of the Class predominate over any questions affecting only individual members, and a class action is superior to other available methods for the fair and efficient adjudication of the controversy.

         B. Notice to the Class required by Rule 23(e) of the Federal Rules of Civil Procedure has been provided in accordance with the Court's Preliminary Approval Order, and such notice by mail and website has been given in an adequate and sufficient manner, constitutes the best notice practicable under the circumstances, and satisfies Rule 23(e) and due process.

         C. Defendants have timely provided notification of this settlement to the appropriate federal and state officials pursuant to the Class Action Fairness Act of 2005 (“CAFA”), 28 U.S.C. § 1715. The Court has reviewed such notification and accompanying materials, and finds that Defendants' notification complies fully with the applicable requirements of CAFA.

         D. The Settlement Agreement was arrived at as a result of arms-length negotiations conducted in good faith by counsel for the parties, and is supported by the Class Representative.

         E. The settlement as set forth in the Settlement Agreement is fair, reasonable and adequate to members of the Class in light of the complexity, expense, and duration of litigation and the risks involved in establishing liability and damages, and in maintaining the class action through trial and appeal.

         F. The relief provided under the settlement constitutes fair value given in exchange for the releases of claims against the Released Parties.

         G. Victoria J. Garza has validly excluded herself from the Class in accordance with the provisions of the Preliminary Approval Order, and shall not be bound by the Settlement.

         H. The parties and each member of the Class have irrevocably submitted to the exclusive jurisdiction of this Court for any suit, action, proceeding or dispute arising out of the Settlement Agreement.

         I. It is in the best interests of the parties and the members of the Class and consistent with principles of judicial economy that any dispute between any member of the Class (including any dispute as to whether any person is a member of the Class) and any Released Party which in any way relates to the applicability or scope of the Settlement Agreement or this Final Judgment and Order of Dismissal should be presented exclusively to this Court for resolution by this Court.

         IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:

         1. This action is finally certified as a class action for settlement purposes against Defendants Shalhoub Management Company, Inc., Desert Gate Management, LLC, DNR Management, LLC, DNS2 Management, LLC, Shalhoub McDonald's, Richard and Dale Shalhoub Family Trust, Richard M. Shalhoub, on behalf of a Class defined as follows:

All employees or applicants for employment at the McDonald's Defendants' restaurants residing in the United States (including all Territories and other political subdivisions of the United States) as to whom, commencing July 29, 2013 and continuing through the final resolution of this case, McDonald's did not provide the clear and ...

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