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Hu v. Plehn-Dujowich

United States District Court, N.D. California

September 16, 2019

QIUZI HU, et al., Plaintiffs,
v.
JOSE M. PLEHN-DUJOWICH, et al., Defendants.

          [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT RE: DKT. NO. 99

          ELIZABETH D. LAPORTE, UNITED STATES MAGISTRATE JUDGE.

         Plaintiffs Qiuzi Hu, Edwin Ramirez, Ivan Ronceria, and Wenzhi Fei (“Plaintiffs” or “Class Representatives”) and Defendants Jose M. Plehn-Dujowich and BizQualify LLC's (“Defendants”) Joint Motion for Preliminary Approval of Class Action Settlement pursuant to Rule 23(e) of the Federal Rules of Civil Procedure came on for hearing on September 10, 2019, in this Court. The terms of the settlement are set forth in the Stipulation of Class Action Settlement and Release of Claims (“Settlement Agreement” or “Class Settlement”) filed as Exhibit A to the Joint Motion.

         The Court has preliminarily considered the Class Settlement to determine, among other things, whether to certify a class for settlement purposes only, and whether the Class Settlement is sufficient to warrant the issuance of notice to members of the Settlement Class. Upon reviewing the Settlement Agreement and motion papers relating to the request for preliminary approval of the Class Settlement, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

         1. Class Findings:

         The Court amends its prior certification of the Class[1] (Dkt. 80) to define the settlement class (“Settlement Class”) under Fed.R.Civ.P. 23(b)(3) in this litigation, for settlement purposes only, as follows:

Settlement Class: All Class Members, including Class Representatives, who do not exclude themselves from the Class or Settlement Class, pursuant to the procedures set forth in Section 6.3 of the Settlement Agreement and the Class Notice.

         2. Appointment of Class Representatives and Class Counsel:

         The Court continues the appointment of the Class Representatives to represent the Settlement Class, and Dhillon Law Group Inc. as Class Counsel pursuant to Fed.R.Civ.P. 23(e) and (g).

         3. Preliminary Findings Regarding Proposed Settlement:

         The Court preliminarily finds the following:

a. The proposed Class Settlement resulted from arm's-length negotiations;
b. The Settlement Agreement was executed only after Class Counsel had conducted substantial discovery, including by taking discovery from third-parties, deposing Defendant Plehn-Dujowich, and obtaining relevant documents;
c. Class Counsel has concluded that the Class Settlement is fair, reasonable, and adequate; and
d. The Class Settlement is sufficiently fair, reasonable, and adequate to warrant sending notice of the Class Settlement to the Settlement Class.

         4. Final ...


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