Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Banks v. Kaiser Foundation Health Plan, Inc.

United States District Court, C.D. California, Eastern Division

September 10, 2019

DIONKA BANKS, individually and on behalf of all other similarly situated individuals, Plaintiff,
v.
KAISER FOUNDATION HEALTH PLAN, INC., a California corporation, Defendant,

          FINAL APPROVAL ORDER AND JUDGMENT

          HON. JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE.

         ORDER

         The Court has reviewed and considered the motion for final approval of the Stipulation of Settlement (“Settlement”) submitted by Plaintiff Dionka Banks (“Plaintiff”), on behalf of herself and similarly situated employees of Defendant Kaiser Foundation Health Plan, Inc. (“Defendant”) (together, the “Parties”). The Court preliminarily approved the Parties' Settlement and their proposed resolution of Plaintiff's class, collective and representative claims on behalf of the Class Members.

         In accordance with the order granting preliminary approval, and in compliance with due process, the Settlement Administrator sent the Class Notice to each of the Class Members by first-class mail. The Class Notice informed the Class Members of the terms of the Settlement, the right to participate in the Settlement, the right to object to the Settlement, the right to request exclusion and pursue their own remedies, and the right to appear in person or by counsel at the final approval hearing regarding final approval of the Settlement.

         The motion for final approval seeks final approval of the Settlement and entry of judgment that will bind each Class Member, and will operate as a full release and discharge of the Released Claims (as defined in the Settlement).

         Having received and considered Plaintiff's motion for preliminary approval of the Settlement, Plaintiffs' motion for final approval of the Settlement, that there were zero objections to the Settlement, that only 6 out of 1, 193 Class Members opted out of the Settlement, Plaintiff's motion for attorneys' fees, litigation/settlement administration expenses, and Class Representative Service Award, the file in this case, and the evidence and argument received by the Court before entering the Preliminary Approval Order and before and at the final approval hearing, THE COURT HEREBY ORDERS, ADJUDGES AND DECREES THAT:

1. Initial-capitalized terms in this order shall have the same meaning as assigned to them in the Settlement.
2. The Settlement Administrator has fulfilled its initial notice and reporting duties under the Settlement.
3. The Class Notice: (i) was the best practicable notice under the facts and circumstances of this case; (ii) was reasonably calculated to apprise the Class Members of the pendency of the Action, their right to participate in the Settlement, their right to exclude themselves from the Settlement, and their right to object to, and/or appear at the Final Approval Hearing for, the Settlement; and (iii) constituted due, adequate, and sufficient notice of a class/collective settlement under Federal Rule of Civil Procedure 23, 29 U.S.C. section 201, et seq., due process, and any other applicable rules or law. Only 6 individuals asked to exclude themselves from the Settlement, and zero individuals objected to the Settlement.
4. The notice of settlement served by Plaintiff on the California Labor and Workforce Development Agency (“LWDA”) satisfied the requirements of PAGA. The LWDA has expressed no objection to the Settlement.
5. The notice of settlement served by Defendant on the U.S. and applicable state attorneys general satisfies the requirements of the Class Action Fairness Act. The Attorneys General have expressed no objections to the Settlement.
6. The terms of the Settlement are fair, reasonable and adequate, and the standards and applicable requirements for final approval of this class and collective action settlement are satisfied, including the provisions of Rule 23 of the Federal Rules of Civil Procedure and the provisions of 29 U.S.C. section 201, et seq.
7. The Settlement has been reached as a result of intensive, serious, and non-collusive, arms-length negotiations and was achieved with the aid of an experienced mediator. The Settlement was entered into in good faith as to each Class Member.
8. Class Counsel are experienced class action litigators and have expressed the view that the Settlement is fair, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.