United States District Court, C.D. California
PAMELA CARTER, DEBORAH MARTIN, CHRISTINE MORALES, STANLEY CARAKER, STANLEY NICKS, MICHAELA VECHT, BERT SCHORLING, JEANETTE BREITEN, RAYMOND BACHAR, KATHERINE MITCHELL, STEPHANIE CASTRO, BRUCE HINSLEY, ARLENE POUNDS, individually and as Representatives of the Participants and Beneficiaries of the Fleet Card Fuels Employees Stock Ownership Plan, Plaintiffs,
SAN PASQUAL FIDUCIARY TRUST COMPANY; FLEET CARD FUELS; WILLIAM DAVIES; RICHARD DAVIES; STRATEGIC EQUITY GROUP; CHRISTOPHER KRAMER; SHORELINE CAPITAL, INC.; EDGEWATER CAPITAL, LLC, Defendants.
JAMES V. SELNA UNITED STATES DISTRICT JUDGE
on this 28th day February, 2018, HEREBY ADJUDGED
AND DECREED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 58
Settlement of Pamela Carter, et al. v. San Pasqual, et al.,
United States District Court, Central District of California,
Southern Division, Case No. 8:15-CV-1507 (the
“Action”), on the terms set forth in the
Parties' Stipulation of Settlement, with exhibits
(collectively, the “Agreement”), and definitions
included therein, signed and filed with this Court on July
20, 2017 (Dkt # 113), is finally approved.
following class is granted final certification, for
settlement purposes only, under Fed.R.Civ.P. 23(a) and
(b)(3): all persons who were participants in the Fleet Card
Fuels Employee Stock Ownership Plan (the “ESOP”)
as of September 28, 2012. Excluded from the class are the
defendants in this action and their affiliates; the officers
and directors of any Defendant or of any entity in which a
Defendant has a controlling interest; and the legal
representatives, successors, and assigns of any such excluded
persons. No class members have been excluded given that none
submitted timely and valid requests for exclusion from the
dissemination of the Class Notice in accordance with the
terms of the Agreement and this Court's Preliminary
Approval Order, as described in the Settlement
Administrator's Declaration filed before the Fairness
Hearing: (a) constituted the best practicable notice to Class
Members under the circumstances; (b) constituted notice that
was reasonably calculated, under the circumstances, to
apprise Class Members of the pendency of the Action, the
terms of the Settlement and their rights under the
Settlement, including, but not limited to, their right to
object to any aspect of the proposed Settlement or exclude
themselves from the proposed Settlement and to appear at the
Fairness Hearing, and the binding effect of the Final Orders
and this Final Judgment on all persons and entities who did
not request exclusion from the Class; (c) were reasonable and
constituted due, adequate and sufficient notice to all
persons entitled to be provided with notice; and (d) met all
applicable requirements of law, including, but not limited
to, the Federal Rules of Civil Procedure, 28 U.S.C. §
1715, the United States Constitution (including the Due
Process Clause), and the Rules of this Court, as well as
complied with the Federal Judicial Center's illustrative
class action notices.
claims in the Action are dismissed with prejudice pursuant to
the terms set forth in the Parties' Agreement and in the
Court's Final Approval Order, without costs to any party
except as provided in these Final Orders.
Representative Plaintiffs and Class Members and/or their
representatives, and all persons acting on behalf of, or in
concert or participation with the Representative Plaintiffs
or Class Members (other than those who submit valid and
timely Exclusion Forms) are hereby permanently barred and
enjoined from: (a) filing, commencing, or prosecuting any
lawsuit, arbitration, or administrative, regulatory or other
proceeding or order in any jurisdiction based upon or
asserting any of the Released Claims; and (b) bringing an
individual action or class action on behalf of the
Representative Plaintiffs or Class Members, seeking to
certify a class that includes the Representative Plaintiffs
or Class Members, or continuing to prosecute or participate
in any previously filed and/or certified class action, in any
lawsuit based upon or asserting any of the Released Claims.
Class Counsel shall take all steps necessary and appropriate
to provide Class Members with the benefits to which they are
entitled under the terms of the Agreement and pursuant to the
Orders of the Court.
Representative Plaintiffs and Class Members shall be paid the
Net Settlement Amount of $338, 534. This amount shall be
disbursed by the settlement administrator pursuant to the
terms of the Agreement.
Class Counsel shall be awarded reasonable attorneys' fees
in an amount not to exceed one-third (33 1/3 %) of the Gross
Settlement Amount (i.e., not to exceed One Hundred Eighty
Seven Thousand Five Hundred Dollars ($187, 500) in costs,
which amount is approved as fair and reasonable, in
accordance with the terms of the Agreement.
Class Counsel shall be awarded reasonable litigation costs in
an amount not to exceed Fifteen Thosuand Eight Hundred Fifty
Nine Dollars ($15, 859), which amount is approved as fair and
reasonable, in accordance with the terms of the Agreement.
Plaintiffs Pamela Carter, Deborah Martin, Christine Morales,
Stanley Caraker, Stanley Nicks, Michaela Vecht, Bert
Schorling, Jeanette Breiten, Katherine Mitchell, Stephanie
Castro, Arlene Pounds Jose Gurrola, Aaron Straw, and Eldon
Ross shall each be awarded Five Hundred Dollars ($500) as
service payments in their capacities as representatives of
the Plaintiff Class in the Action.
Plaintiffs Bruce Hinsely and Raymond Bachar, shall each be
awarded One Thousand Five Hundred Dollars $1, 500, as a
service payment in their capacity as representative
Plaintiffs in the Action.
Settlement Administrator shall be awarded the reasonable
costs of the Settlement Administrator in administering the
Settlement, not to exceed Ten ...