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Titus v. The Martin-Brower Co., LLC

United States District Court, E.D. California

February 27, 2018

JUSTIN TITUS, an individual, Plaintiff,
v.
THE MARTIN-BROWER COMPANY, LLC; and DOES 1-100, inclusive, Defendants.

          MAYALL HURLEY P.C. ROBERT J. WASSERMAN (SBN: 258538) WILLIAM J. GORHAM (SBN: 151773) NICHOLAS J. SCARDIGLI (SBN: 249947) ACKERMANN & TILAJEF, P.C. Craig J. Ackermann (SBN: 229832) Attorneys for Plaintiff Justin Titus and the Putative Class

          ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

          JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE

         Judge: Hon. John A. Mendez

         Plaintiffs Motion for Preliminary Approval of Class Action Settlement ("Motion") came on for hearing on February 27, 2017, at 1:30 p.m., before the honorable John A. Mendez. The Court, having fully and carefully reviewed Plaintiffs Motion, the memorandum and declarations in support thereof, the Joint Stipulation of Settlement and Release of Claims ("Settlement Agreement"), including the proposed Notice Packet, hereby makes the following determinations and orders:

         1. Pursuant to Rule 23, and for purposes of settlement only, the following class is preliminarily and conditionally certified:

All persons who have been employed by Defendant as a non-exempt truck driver at its facility in Stockton, California at any time during the period from March 15, 2013 through the date that this preliminary approval order is signed (the "Settlement Class Period").

         The Class is estimated to include approximately 200 truck drivers.

         2. Plaintiff Justin Titus ("Plaintiff) is preliminarily appointed as Class Representative.

         3. Mayall Hurley P.C. and Ackerman & Tilajef, P.C., by and through Lead Counsel Robert J. Wasserman and Craig J. Ackermann, respectively, are hereby preliminarily approved and appointed as Class Counsel.

         4. Atticus Administration, LLC is hereby appointed as the Settlement Administrator.

         5. The Court grants preliminary approval of the Settlement between Plaintiff Justin Titus ("Plaintiff) and Defendant The Martin-Brower Company LLC ("Defendant"), based upon the terms set forth in the Settlement Agreement attached hereto as Exhibit A.

         6. The Settlement Agreement appears to be fair, adequate and reasonable, and the Court preliminarily approves the terms of the Settlement Agreement, including, without limitation:

a. A non-reversionary Settlement Amount of $393, 000 for an estimated 200 current and former ...

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