United States District Court, C.D. California
AMENDED FINAL JUDGMENT 
M. GEE UNITED STATES DISTRICT JUDGE.
November 3, 2017, Plaintiffs' Motion for Final Approval
of Class Action Settlement and Motion for Awards of
Attorneys' Fees, Costs, and Incentive Payments came
before the Court for hearing pursuant to the Order of this
Court, dated August 4, 2017, (“Preliminary Approval
Order”) [Doc. # 128] on the application of Plaintiff
Dria Moore and the Certified Classes for approval of the
Settlement set forth in the Joint Stipulation of Class Action
Settlement and Release (the “Stipulation”) [Doc.
# 123-3]. Full and adequate notice having been given to the
Classes as required in the Court's Preliminary Approval
Order, and the Court having considered all papers filed and
proceedings held herein and otherwise being fully informed in
the premises and good cause appearing therefor, NOW,
THEREFORE, IT IS HEREBY ORDERED THAT:
Amended Judgment incorporates by reference the definitions in
the Stipulation, and all capitalized terms used, but not
defined herein, shall have the same meanings as in the
Court has jurisdiction over the subject matter of the Action
and over all parties to the Action, including all Class
Court finds that the Stipulation was the product of
protracted, arm's-length negotiations between experienced
counsel. The Court finds that the Stipulation is fair,
reasonable, adequate, and in the best interests of the
Classes and hereby grants final approval of the Stipulation.
In doing so, the Court has thoroughly considered such factors
as: the strength of Plaintiff's case; the risk, expense,
complexity, and likely duration of further litigation; the
risk of maintaining class action status throughout the trial;
the amount offered in settlement; the extent of discovery
completed and the stage of the proceedings; the experience
and views of counsel; and the reaction of the Class Members
to the settlement. See Hanlon v. Chrysler Corp., 150
F.3d 1011, 1026 (9th Cir. 1998).
Parties are bound by this Amended Final Judgment and by the
certified Class continues to meet all the requirements of
California Code of Civil Procedure section 382, as already
found, and for the reasons set forth, in the Court's
Preliminary Approval Order.
Excluded from the Class are those persons who validly
requested exclusion in accordance with the requirements set
forth in the Preliminary Approval Order.
Except as to Maria Reyes, who has validly and timely
requested exclusion from the Class, the Action is dismissed
the Effective Date (as defined in the Stipulation), all
Released Claims of each and every member of the Class are and
shall be deemed to be conclusively released as against the
Released Parties. All persons and entities who are in the
Classes are hereby forever barred and enjoined from
commencing, prosecuting or continuing, either directly or
indirectly, against the Released Parties, in this or any
other jurisdiction or forum, any and all Released Claims (as
defined in the Stipulation).
distribution of the Notice of Proposed Class Action
Settlement and Notice of Settlement Share as provided for in
the Preliminary Approval Order constituted the best notice
practicable under the circumstances, including individual
notice to all Class Members who could be identified through
reasonable effort. Said notice provided the best notice
practicable under the circumstances of those proceedings and
of the matters set forth therein, including the proposed
settlement set forth in the Stipulation, to all persons
entitled to such notice, and said notice fully satisfied the
requirements of California Code of Civil Procedure section
382, due process, and any other applicable law.
addition to their Motion for Final Approval of the
Stipulation, Plaintiffs and Class Counsel filed a Motion for
Award of Attorneys' Fees, Costs, and Incentive Payments.
[Doc. # 132.] Class Counsel sought an award of attorneys'
fees in the amount of $28, 750.00 (representing 25% of the
total settlement amount) and litigation expenses of $39,
000.00. Id. Plaintiff requested incentive payment of
$10, 000.00. Id. Those motions are granted. The
Court finds that Class Counsel have skillfully advanced legal
theories on a contingency-fee basis, and their efforts
resulted in satisfactory results for the Class, given all the
circumstances. The Court, given these results and the risk
undertaken by Class Counsel, awards Class Counsel
attorneys' fees of 25% of the $115, 000.00 Gross Maximum
Settlement Amount. In conjunction with making these findings,
the Court has determined that the billing rates of Class
Counsel are reasonable and commensurate with market rates in
Los Angeles County and approves those rates. The Court
further finds that Class Counsel's expenses were
reasonably incurred in prosecuting this case. Finally, the
Court finds that the proposed incentive payment to Plaintiff
is reasonable in light of the services he performed on behalf
of the Classes and the risks he undertook in bringing and
advancing this lawsuit. The Court further notes that no Class
Member has objected to the proposed award of attorneys'
fees, litigation expenses, and incentive payments.
Accordingly, the Court grants Plaintiff's and Class
Counsel's motion in its entirety.
Court further orders that the Claims Administrator, CPT
Group., shall be paid an amount of $12, 000.00 for the
administration of claims in this matter, and said sum shall
be paid out of the Gross Maximum Settlement Amount in
accordance with the terms of the Stipulation.
amounts of the Gross Settlement Sum that remain after the
payments to the Settlement Class Members, Named Plaintiff,
and Class Counsel shall be distributed to a cy pres
beneficiary to be designated by the Court, except that if
less than $1, 000 remains, those ...