United States District Court, E.D. California, Sacramento Division
EDGAR MORALES, SALVADOR MAGANA, and MATTHEW BAGU, on behalf of themselves, the State of California, and all others similarly situated, Plaintiffs,
LEGGETT & PLATT, INC., a Missouri Corporation, L&P FINANCIAL SERVICES CO., a Delaware Corporation, and Does I through 20, inclusive, Defendants.
S. MALLISON (Bar No. 184191) HECTOR R. MARTINEZ (Bar No.
206336) LILIAN A GARCIA (Bar No. 311396) MALLISON &
MARTINEZ Attorneys for Plaintiffs
[PROPOSED] ORDER GRANTING
FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND ENTERING FINAL
JOAN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE
October 22, 2019, a hearing was held on Plaintiffs'
Motion for Final Approval of Class Settlement; Class
Representative Incentive Payments; Class Counsel's Fees
and Costs; Claims Administrator's Costs; and Entering
Court, having read and considered the papers of the Motion,
the arguments of Counsel, and good cause appearing ORDERS AS
Pursuant to the Order Granting Preliminary Approval of Class
Settlement, a Class Notice, Notice of Estimated Individual
Settlement Payment, and an Election Not to Participate in
Settlement were sent to each Class Member by first-class
mail. These papers informed Class Members of the terms of the
Settlement, their right to receive a Settlement Share, their
right to object to the Settlement or to elect not to
participate in the Settlement and pursue their own remedies,
and their right to appear in person or by counsel at the
final approval hearing and be heard regarding approval of the
Settlement. Adequate periods of time were provided by each of
these procedures. Zero Class Members filed written objections
to the proposed Settlement as part of this notice period or
stated an intention to appear at the final approval hearing.
The Court finds and determines that this notice procedure
afforded adequate protections to Class Members and provides
the basis for the Court to make an informed decision
regarding approval of the Settlement based on the responses
of Class Members. The Court finds and determines that the
notice provided in this case was the best notice practicable
and satisfied the requirements of law and due process.
the reasons stated in the Preliminary Approval Order, the
Court finds and determines that the proposed Class, as
defined in the definitions section of the Settlement and
conditionally certified by the Preliminary Approval Order,
meets all of the legal requirements for class certification,
and it is hereby ordered that the Class is finally approved
and certified as a class for purposes of the Settlement.
Court further finds and determines that the terms of the
Settlement are fair, reasonable and adequate to the Class and
to each Class Member and that the Class Members who did not
timely submit valid elections not to participate in the
Settlement in accordance with the Settlement Agreement and
the Preliminary Approval Order will be bound by the
Settlement, that the Settlement is ordered finally approved,
and that all terms and provisions of the Settlement should be
and hereby are ordered to be consummated.
Court finds and determines that the Settlement Shares to be
paid to the Class Members, as provided for by the Settlement,
are fair and reasonable. The Court hereby grants final
approval to and orders the payment of those amounts be made
to the Class Members out of the Net Settlement Amount in
accordance with the Settlement.
Court finds and determines that the fees and expenses in
administrating the Settlement, in the amount of $10, 000.00,
arc fair and reasonable. The Court hereby gives final
approval to and orders that amount be paid out of the Gross
Settlement Amount in accordance with the Settlement.
Court determines the request by Plaintiffs and Class Counsel
to the Class Representative Incentive Payments in the amount
of $30, 000.00, and the Class Counsel Fees and Expenses
Payment in the amount of $583, 275.00 for fees and $42,
033.80 for costs are fair and reasonable. The Court hereby
gives final approval to and orders those amounts be paid out
of the Gross Settlement Amount in accordance with the
Without affecting the finality of this order in any way, the
Court retains jurisdiction of all matters relating to the
interpretation, administration, implementation, effectuation
and enforcement of this order and the Settlement.
Nothing in this order will preclude any action to enforce the
parties' obligations under the Settlement or under this
order, including the requirement that Defendants make
payments to the Class Members in accordance with the
completion of administration of the Settlement, the
Settlement Administrator will provide written certification
of such ...