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Panter v. Trinity River Lumber Co.

United States District Court, E.D. California

May 15, 2017

DARREN SHANE PANTER, JOSEPH TODD TERRAS, and BOBBY TYLER, as individual California residents, on behalf of themselves and all others similarly situated, Plaintiffs
v.
TRINITY RIVER LUMBER COMPANY, a California corporation; Defendant.

          Complaint Filed: September 30, 2014

          First Amended Complaint Filed: February 11, 2015

          Second Amended Complaint Filed: May 28, 2015

          JOSE R. GARAY (SBN 200494) JOSE GARAY, APLC Attorney for Plaintiffs Darren Shane Panter, Joseph Todd Terras, Bobby Tyler on behalf of themselves and all others similarly situated

          ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

          MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

         Plaintiff's Motion for Preliminary Approval of Class Action Settlement came on for hearing before the Honorable Morrison C. England, Jr. on May 18, 2017, at 2:00 p.m. Having received no opposition or other objection to the Motion, the Court ordered the matter submitted on the briefs in accordance with Eastern District Local Rule 230(g). Having now considered the evidence submitted, and good cause appearing, Plaintiff's Motion (ECF No. 61) is GRANTED, and the Court HEREBY ORDERS THE FOLLOWING:

         1. Pursuant to the Order Granting Preliminary Approval of Class Action Settlement dated February 16, 2017, a Notice of Class Action Settlement ("Notice"), Claim Form, and pre-printed, postage paid return envelope were sent to each member of the Class by first-class mail. The Notice informed the class of the terms of the Settlement, their right to receive their proportional share of the Settlement by submitting a valid and timely Claim Form, of their right to request exclusion, of their right to comment upon or object to the Settlement, and of their right to appear in person or by counsel at the final approval hearing and to be heard regarding approval of the Settlement. Adequate periods of time were provided by each of these procedures. As a part of this notice process, 72 Class Members submitted valid and timely claim forms; two Class Members sought to be excluded; no Class Member has stated an intention to appear at the final approval hearing; and no Class Member has objected to the Settlement Agreement.

         2. The Court finds and determines that this notice procedure afforded adequate protections to Class Members and provides the basis for the Court to make an informed decision regarding approval of the Settlement based on the response of the Class. The Court finds and determines that the notice provided in this case was the best notice practicable, which satisfied the requirements of law and due process.

         3. The Court further finds and determines that the terms of the Settlement are fair, reasonable and adequate to the Class and to each Class Member and that the Settlement is ordered finally approved, and that all terms and provisions of the Settlement should be and hereby are ordered to be consummated.

         4. The Court finds and determines that the Settlement payments to be paid to participating Class Members (“Authorized Claimants”) as provided for by the Settlement are fair and reasonable. The Court hereby gives final approval to and orders the payment of those amounts be made to the participating Class Members in accordance with the terms of the Settlement.

         The Court finds and determines that Geral Swain and Dennis Swanson have timely excluded themselves from the Settlement and are not bound by the Settlement Release, nor will they receive any benefits from the Settlement.

         6. Without affecting the finality of this order in any way, the Court retains jurisdiction of all matters relating to the interpretation, administration, implementation, effectuation and enforcement of this order and the Settlement.

         7. Nothing in this order shall preclude any action to enforce the Parties' obligations under the Settlement or under this Order, including the requirement that Defendant make payments to Participating Class Members in accordance with the Settlement.

         8. The Court hereby enters final judgment in this case accordance with the terms of the Settlement, Order Granting Preliminary ...


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