United States District Court, C.D. California
ANTONIO DIAZ, on behalf of himself and all others similarly situated, Plaintiffs,
ALBERTSON'S LLC, a Delaware limited liability company; and DOES 1 to 100, inclusive, Defendants.
ORDER AND JUDGMENT GRANTING FINAL APPROVAL OF CLASS
ACTION SETTLEMENT, ATTORNEY FEES, COSTS AND CLASS
Honorable Dale S. Fischer United States District Judge
Plaintiff Class, as defined below, and the settling Defendant
Albertson's LLC have entered into an agreement to settle
the above-captioned class action, subject to the Court's
approval. The Settlement provides for the payment of
compensation to each Class Member who was employed as a
non-exempt Pharmacist by Albertson's LLC in California
from March 22, 2013 to October 31, 2017.
to the Preliminary Approval Hearing and Order, this Court
granted preliminary approval to the Settlement. The
Preliminary Approval Order also approved the Notice of Class
Action Settlement and the notice plan. The Court entered the
Preliminary Approval Order.
compliance with the Preliminary Approval Order, notice was
sent to all Class Members via first-class mail. Multiple
follow-up mailings were performed for returned mail. The
notice plan was timely completed.
matter is now before the Court on Plaintiff's Motion for
Final Approval of the Class Action Settlement, Attorney Fees,
Costs and Class Representative Enhancement. The Court has
read, heard, and considered all the pleadings and documents
submitted, and the presentations made in connection with the
Motion, which came for hearing on March 19, 2018. This Court
finds that the proposed settlement appears to be the product
of serious, informed, non-collusive negotiations, has no
obvious deficiencies, and does not improperly grant
preferential treatment to any individuals. The Court finds
that the settlement was entered into in good faith. The Court
further finds that the settlement is fair, reasonable, and
adequate and that Plaintiff has satisfied the standards for
final approval of a class action settlement under federal
law. Under the provisions of Rule 23 of the Federal Rules of
Civil Procedure, the Court has discretion to certify a Class
where questions of law or fact common to the members of the
Class predominate over any questions affecting only
individual members, and where a class action is superior to
the available methods for the fair and efficient adjudication
of the controversy. Fed. R. Civ. Proc. 23(b)(3).
of a Class is appropriate in this case.
on the foregoing, IT IS ORDERED THAT:
1. This Court has jurisdiction over the claims of the
settlement Class Members asserted in this proceeding and over
all parties to the action.
2. For the reasons set forth in the Preliminary Approval
Order, which are adopted and incorporated here by reference,
this Court finds that the applicable requirements of Rule 23
have been satisfied with respect to the Settlement Class and
the proposed settlement.
3. The Class Definition is:
All non-exempt Pharmacists employed by Albertson's LLC in
California from March 22, 2013 to October 31, 2017.
4. The notice given to the settlement Class Members fully and
accurately informed the Class Members of all material
elements of the proposed settlement and of their opportunity
to object or comment; was the best notice practicable under
the circumstances; was valid, due, and sufficient notice to
all Class Members; and complied fully with all applicable
law. The summary notices fairly and adequately described the
settlement and provided Class Members adequate instructions
and a variety of means to obtain additional information. A
full opportunity has been afforded to the settlement Class
Members to participate in this hearing, and all settlement
Class Members and other persons wishing to be heard have been
heard. The Court determines that all settlement Class Members
who did not timely and properly opt out are bound by this
judgment and order.
5. The Court grants final approval to the settlement and
finds that it is fair, reasonable, and adequate, and in the
best interests of the settlement Class Members as a whole.
The Court directs that the settlement be effected in
accordance with the Amended Class Action Settlement Agreement
and Joint Stipulation and the following terms and conditions.
6. On Final Approval by the Court of this Settlement, and
except as to the right to enforce the terms and conditions of
this Stipulation, all Settling Class Members, fully release
Defendant and all of its present and former parent companies,
subsidiaries, affiliates, divisions, predecessors,
successors, assigns, joint ventures (including New
Albertson's, Inc., Albertsons Companies, LLC, Safeway,
Inc., and Vons Companies, Inc.), and all of their
shareholders, officers, directors, employees, agents,
servants, registered representatives, attorneys, insurers,
successors, and assigns, and any other persons acting by
through, under or in concert with any of them (Releasees),
from any and all claims, debts, liabilities, demands,
obligations, penalties, guarantees, costs, expenses,
attorney's fees, damages, actions or causes of action of
whatever kind or nature, whether known or unknown, contingent
or accrued, that are alleged or that reasonably could have
arisen out of the same facts alleged in the Action, and which
relate in any way to meal periods, up to and including the
date of Final Approval. This Release shall include all claims
that were raised, or that reasonably could have been raised,
under the applicable Wage ...