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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,
v.
FERRELLGAS, INC., a Delaware Corporation; and DOES 1 through 50, inclusive, Defendants.

          ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

          HON. JOHN A. HOUSTON UNITED STATES DISTRICT COURT.

         Plaintiffs 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 fees.
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 Settlement Administrator.
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 Settlement Agreement.
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 objection.
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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