United States District Court, C.D. California, Eastern Division
DIONKA BANKS, individually and on behalf of all other similarly situated individuals, Plaintiff,
KAISER FOUNDATION HEALTH PLAN, INC., a California corporation, Defendant,
FINAL APPROVAL ORDER AND JUDGMENT
JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE.
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.
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.
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).
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
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
8. Class Counsel are experienced class action litigators and
have expressed the view that the Settlement is fair,