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Diaz v. Albertson's LLC

United States District Court, C.D. California

April 2, 2018

ANTONIO DIAZ, on behalf of himself and all others similarly situated, Plaintiffs,
v.
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 REPRESENTATIVE ENHANCEMENT

          Honorable Dale S. Fischer United States District Judge

         The 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.

         Pursuant 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.

         In 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.

         This 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).

         Certification of a Class is appropriate in this case.

         Based 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 ...

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