United States District Court, E.D. California
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
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION
A. MENDEZ UNITED STATES DISTRICT JUDGE
Hon. John A. Mendez
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
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").
Class is estimated to include approximately 200 truck
Plaintiff Justin Titus ("Plaintiff) is preliminarily
appointed as Class Representative.
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.
Atticus Administration, LLC is hereby appointed as 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.
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 ...