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Chavez v. Shamrock Foods Co.

United States District Court, C.D. California

April 3, 2018

MIGUEL CHAVEZ, individually and on behalf of all others similarly situated, Plaintiff,
v.
SHAMROCK FOODS COMPANY, an Arizona Corporation, and DOES 1 to 10, Defendant.

          Date: April 9, 2018

          ORDER AND FINAL JUDGMENT GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

          Stephen V. Wilson United States District Court Judge

         The Court, having considered Plaintiff Miguel Chavez's (“Plaintiff”) unopposed Motion for Final Approval of Class Action Settlement between Plaintiff and Defendant Shamrock Foods Company (“Defendant”), [1] and Plaintiff's Motion for Attorneys' Fees and Costs [Dkt. No. 41], and good cause appearing therefore, hereby GRANTS final approval of the parties' Class Action Settlement Agreement (the “Settlement”)[2] as set forth below and ORDERS AND MAKES THE FOLLOWING FINDINGS AND DETERMINATIONS:

         1. The Court has personal jurisdiction over all Class Members and Defendant, and the Court has subject matter jurisdiction to approve the Settlement (including all Exhibits thereto).

         2. The Settlement, including the definitions applicable to the Settlement, is incorporated by reference into this Order. All terms used in this Order, unless otherwise defined, shall have the same meanings given those terms in the Settlement.

         3. The Court finds that the Settlement was reached after arm's-length negotiations between the Parties, including an all-day mediation session; the proposed Settlement was concluded only after counsel for the Parties had conducted adequate discovery and investigation; and the Settlement of this action, as embodied in the terms of the Settlement, is finally approved as fair, reasonable, adequate and consistent and in compliance with all applicable requirements of the Federal Rules of Civil Procedure and any other applicable law, and in the best interests of the Parties and the Class Members.

         4. For the purpose of settlement, the Court finally certifies the following “Class”:

         All persons who have been employed by Defendant in California as Account Executives, Outside Sales Representatives and/or in similar sales job capacity and who received a flat rate reimbursement for automobile-related business expenses, in an amount less than $800 per month, at any time between March 13, 2013 through December 31, 2018 (the “Class Period”).

         5. The above Class, consisting of 111 Class Members, is certified for settlement purposes only, and the certification should not be construed as an admission by Defendant with respect to any of the allegations made against it by or on behalf of the members of the Class.

         6. The Court appoints Plaintiff Miguel Chavez as the Class Representative.

         7. The Court appoints Craig J. Ackermann and Avi Kreitenberg of Ackermann & Tilajef, P.C., and Jonathan Melmed of Melmed Law Group P.C. as counsel for the Class (collectively, “Class Counsel”).

         8. The Court previously appointed CPT Group, Inc. as the Settlement Administrator.

         9. The Court finds that:

a. the above-described Class contains members so numerous that the joinder of all of ...

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