United States District Court, N.D. California
ORDER ON MOTION FOR FINAL APPROVAL AND AWARD OF FEES
RE: DKT. NOS. 89, 90
WILLIAM H. ORRICK UNITED STATES DISTRICT JUDGE
motion for final approval and motion for an award of attorney
fees and expenses was heard on July 17, 2019 in these four
related cases: Wadler et al v. Custard Insurance
Adjusters, Inc., No. 17-cv-5840; Wadler v. Custard
Insurance Adjusters, Inc., No. 18-cv-2768; Paiva v.
Custard Insurance Adjusters, Inc., Case. No. 18-4670;
and Armen Abgaryan v. Custard Insurance Adjusters,
Inc., No. 18-5487.
Cole & Associates, APC, Law Offices of Herbert Hafif,
P.C., Law Office of Larry A. Sackey, and Matern Law Group, PC
appeared as counsel for Representative Plaintiffs,
individually and on behalf of the Plaintiff Class, and Gordon
& Rees Scully Mansukhani, LLP appearing as counsel for
Custard Insurance Adjusters, Inc. (“Defendant”).
Having carefully considered the briefs, argument of counsel
and all matters presented, and good cause appearing, I hereby
GRANT Plaintiffs' Motion for Final Approval of Class
Action Settlement and award attorney fees and expenses as
on the oral and written argument and evidence presented in
connection with the motion, I find as follows:
terms used herein shall have the same meaning as defined in
the Settlement Agreement.
Court has jurisdiction over the subject matter of this
litigation pending before the United States District Court,
Northern District of California, entitled Wadler, et al.
v. Custard Insurance Adjusters, Inc., the related cases,
and over all Parties to this litigation, including the
Approval of the Settlement
March 12, 2019, I granted preliminary approval of a
class-wide settlement. At this same time, the Court approved
certification of a provisional Settlement Class for
settlement purposes only.
compliance with the Preliminary Approval Order, the Class
Notice Package was mailed by first class mail to the
Plaintiff Class members at their last known addresses on or
about April 1, 2019. Mailing of the Class Notice and Claim
Form to their last known addresses was the best notice
practicable under the circumstances and was reasonably
calculated to communicate actual notice of the litigation and
the proposed settlement to the Plaintiff Classes.
According to the Claims Administrator, there are
seven-hundred and seventy-six (776) members of the Settlement
Class who will receive an Individual Settlement Payment. The
deadline for opting out or objecting is May 31, 2019. There
was an adequate interval between notice and the deadline to
permit Plaintiff Class Members to choose what to do and act
on their decision. No. Plaintiff Class Members opted out, and
no Plaintiff Class Members objected.