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Springer v. Custard Insurance Adjusters, Inc.

United States District Court, N.D. California

July 22, 2019

GERALD SPRINGER, et al., Plaintiffs,
v.
CUSTARD INSURANCE ADJUSTERS, INC., Defendant.

          ORDER ON MOTION FOR FINAL APPROVAL AND AWARD OF FEES RE: DKT. NOS. 89, 90

          WILLIAM H. ORRICK UNITED STATES DISTRICT JUDGE

         Plaintiffs' 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.

         Scott 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 follows.

         I.

         FINDINGS

         Based on the oral and written argument and evidence presented in connection with the motion, I find as follows:

         1. All terms used herein shall have the same meaning as defined in the Settlement Agreement.

         2. This 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 Settlement Classes.

         Preliminary Approval of the Settlement

         3. On 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.

         Notice to Plaintiffs

         4. In 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.

         5. 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.

         Fairness ...


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