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Pounds v. NIDEC Motor Corp.

United States District Court, E.D. California

September 10, 2019

GURTHA POUNDS, on behalf of herself, and all others similarly situated and as an "aggrieved employee" on behalf of other "aggrieved employees" under the Labor Code Private Attorneys General Act of 2004, Plaintiff®,
v.
NIDEC MOTOR CORPORATION, a Delaware corporation; and DOES 1 through 50, inclusive, Defendants.

          [PROPOSED] FINAL APPROVAL ORDER AND FINAL JUDGMENT

          JOHN A. MENDEZ JUDGE

         WHEREAS, this matter has come before the Court for hearing pursuant to the Order Preliminarily Approving Class Action Settlement dated June 10, 2019, for final approval of the Settlement as set forth in the Stipulation of Class Settlement and Release Between Plaintiff and Defendant (the "Settlement"), and

         WHEREAS, the Court having considered all papers filed and arguments presented and otherwise being fully informed, THE COURT HEREBY MAKES THE FOLLOWING DETERMINATIONS AND ORDERS:

         1. This Order incorporates by reference the definitions in the Settlement and all terms defined therein shall have the same meaning in this Final Approval Order and Final Judgment as set forth in the Settlement.

         2. This Court has jurisdiction over the subject matter of this litigation and over all Parties to this litigation, including the Plaintiff and Settlement Class Members.

         3. Defendant promulgated the notice required by the Class Action Fairness Act ("CAFA") on May 17, 2019. CAFA provides that "[a]n order giving final approval of a proposed settlement may not be issued earlier than 90 days after the requisite notice is provided." 28 U.S.C. § 1715(d). Here, the requisite time has passed since service of the notice for this Court to issue this Final Approval Order and Final Judgment.

         4. Pursuant to the Order Preliminarily Approving Class Action Settlement, the appointed Claims Administrator, CPT Group, Inc., mailed a Notice Packet to all known Settlement Class Members by First Class U.S. Mail. The Notice Packet fairly and adequately informed Settlement Class Members of the terms of the proposed Settlement and the benefits available to Settlement Class Members thereunder. More specifically, the Notice Packet informed Settlement Class Members of the pendency of the Action, of the proposed Settlement, of their right to receive their share of the Settlement, of the scope and effect of the Settlement's Class Released Claims, of the preliminary Court approval of the proposed Settlement, of the exclusion and objection timing and procedures, of the date of the Final Approval Hearing and of the right to appear in connection with the Final Approval Hearing. Settlement Class Members had adequate time to use each of these procedures. The Court finds and determines that this notice procedure afforded adequate protections to Settlement Class Members and provides the basis for the Court to make an informed decision regarding approval of the Settlement based on the responses of Settlement Class Members. The Court finds and determines that the Notice Packet provided in the Action was the best notice practicable, which satisfied the requirements of law and due process.

         5. In response to the Notice Packet, 0 Settlement Class Members objected to the Settlement and 1 Settlement Class Members requested exclusion from the Settlement.

         6. The Court finds that the Settlement offers significant monetary recovery to all Settlement Class Members and finds that such recovery is fair, adequate, and reasonable when balanced against further litigation related to liability and damages issues. The Court further finds that extensive and costly investigation, formal and informal discovery, research and litigation have been conducted such that Class Counsel and Counsel for Defendant are able to reasonably evaluate their respective positions at this time. The Court finds that the proposed Settlement, at this time, will avoid substantial additional costs by all Parties, as well as avoid the risks and delay inherent to further prosecution of the Action. The Court further finds that the Settlement has been reached as the result of intensive, serious, and non-collusive, arms-length negotiations. Thus, the Court approves the Settlement set forth in the Settlement and finds that the Settlement is, in all respects, fair, adequate, and reasonable and directs the Parties to effectuate the Settlement according to its terms.

         7. The Court hereby orders the Claims Administrator to distribute the Settlement Awards to Settlement Class Members in accordance with the provisions of the Settlement.

         8. For purposes of this Final Approval Order and Final Judgment and for this Settlement only, the Court hereby certifies the Settlement Class, as defined in the Settlement.

         9. For purposes of this Final Approval Order and Final Judgment and this Settlement only, the Court hereby confirms the appointment of Plaintiff Gurtha Pounds as the Class Representative for the Settlement Class. Further, the Court approves an Incentive Award to Plaintiff in the amount of $30, 000. The Court hereby orders the Claims Administrator to distribute the Incentive Award to Plaintiff in accordance with the provisions of the Settlement.

         10. For purposes of this Final Approval Order and Final Judgment and this Settlement only, the Court hereby confirms the appointment of David Spivak of The Spivak Law Firm and Walter Haines of the United Employees Law Group, as Class Counsel. Further, the Court finally approves attorneys' fees, as fair and reasonable, not to exceed $558, 278. As well, the Court finally approves litigation costs in the amount of $13, 007.80, as fair and reasonable. The attorneys' fees and litigation costs shall be for all claims for Class Counsel's attorneys' fees and litigation costs past, present and future incurred in the prosecution and resolution of the claims and neither Class Counsel, nor any other counsel, shall be permitted to petition the Court, or to accept any payments, for fees and costs relating to the prosecution and resolution of the claims other than the attorneys' fees and litigation costs. The Court hereby orders the Claims Administrator to distribute the attorneys' fees and litigation costs to Class Counsel in accordance with the provisions of the Settlement.

         11. For purposes of this Final Approval Order and Final Judgment and this Settlement only, the Court hereby finally approves Claims Administration Costs of ...


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