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Price v. Ferrellgas, Inc.
United States District Court, S.D. California
October 25, 2019
JOSHUA PRICE and ROBERT BOCK, individually and on behalf of all others similarly situated, Plaintiffs,
FERRELLGAS, INC., a Delaware Corporation; and DOES 1 through 50, inclusive, Defendants.
ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT
JOHN A. HOUSTON UNITED STATES DISTRICT COURT.
Joshua Price and Robert Bock (“Plaintiffs”) filed
a Motion for Preliminary Approval of Class Action Settlement.
Doc. No. 34. Upon careful consideration of the
parties' pleadings, IT IS HEREBY ORDERED:
1. Preliminary approval of the Settlement is
GRANTED. The Court preliminarily finds the
terms of the Settlement to be fair, reasonable and adequate
under Rule 23(e) of the Federal Rules of Civil Procedure,
including the amount of the settlement fund; the amount of
distributions to class members; the procedure for giving
notice to class members; the procedure for objecting to or
opting out of the Settlement; and the maximum amounts
allocated to an incentive payment, costs and attorney's
2. Having reviewed the form and content of the Notice of
Proposed Class Action Settlement submitted by the Parties as
Exhibits A to their September 16, 2019 joint motion, the
Court hereby approves the Notice. The Parties shall have
discretion to jointly make minor non-material revisions to
the Notices before emailing, mailing, and/or publishing them.
3. Defendant shall timely serve upon the appropriate State
official of each State in which a class member resides and
the appropriate Federal official, a notice of the proposed
settlement in compliance with the requirements of the Class
Action Fairness Act, 28 U.S.C. §1715 et seq.
(“CAFA”). By November 18, 2019,
Defendants' Counsel shall serve, or cause to be served,
on Class Counsel and filed with the Court proof, by affidavit
or declaration, regarding compliance with CAFA §1715(b).
4. Plaintiffs shall timely submit the proposed settlement to
the Labor and Workforce Development Agency pursuant to
California Labor Code § 2699(1)(2). By November
18, 2019, Class Counsel shall serve, or cause to be
served, on Defendant's Counsel and filed with the Court
proof, by affidavit or declaration, regarding compliance with
California Labor Code § 2699(1)(2).
5. For settlement purposes only, the Court certifies the
Settlement Class, consisting of all persons who worked as a
service technician and/or bobtail delivery driver for
Defendant Ferrellgas, Inc. (“Defendant”) in
California at any time between May 2, 2014 and September 15,
2019, with the exception of: 1) individuals who were employed
by Defendant as bobtail delivery drivers only and at no time
on or after June 21, 2016, whose claims were released
pursuant to the settlement in Corlew v. Ferrellgas,
Inc., Los Angeles County Superior Court Case No.
BC521730; 2) any other person who previously settled or
released any of the claims covered by this Settlement; or 3)
any other person who was previously paid or received awards
through civil or administrative actions for the claims
covered by this Settlement.
6. The Court hereby appoints Plaintiffs Joshua Price and
Robert Bock as the Settlement Class representatives.
7. The Court appoints Gregory N. Karasik of Karasik Law Firm
and Alexander I. Dychter and S. Adam Spiewak of Dychter Law
Offices APC as Settlement Class counsel.
8. The Court appoints Atticus Administration as the
9. The Court directs the Settlement Administrator to provide
notice to class members as set forth in the Settlement,
within forty-five (45) calendar days of entry of this Order
via First Class U.S. Mail. The Settlement Administrator shall
promptly notify the Parties of all requests for exclusion,
objections, and related correspondence received by the
Response Deadline as indicated below and outlined by the
10. Any Settlement Class Member who intends to object to the
fairness of the Settlement, Class Counsel's request for
Attorneys' Fees and Expenses, Plaintiffs' request for
Service Awards, or any other aspect of the Settlement must
file a valid Notice of Objection with the Settlement
Administrator, including a written objection explaining why
he or she believes the Settlement should not be approved by
the Court as fair, reasonable, and adequate. The written
statement of the objection must include a detailed statement
of the Settlement Class Member's objection(s), as well as
the specific reasons, if any, for each such objection,
including any evidence and legal authority the Settlement
Class Member wishes to bring to the Court's attention.
That written statement also must contain the Settlement Class
Member's printed name, address, telephone number, basis
of the Settlement Class Member's inclusion in the
Settlement Class, and any other supporting papers, materials,
or briefs the Settlement Class Member wishes the Court to
consider when reviewing the objection. The objection must
state whether it applies only to the objector, to a specific
subset of the Settlement Class, or to the entire Settlement
Class, and must state with specificity the grounds for the
11. The Court orders that Class Members who do not request
exclusion from the Settlement are enjoined from filing or
prosecuting any claims, suits or administrative ...
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