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Garcia v. Macy's West Stores, Inc.

United States District Court, N.D. California

October 30, 2019

RAMON GARCIA, et al., Plaintiffs,
v.
MACY'S WEST STORES, INC., et al., Defendants.

          ORDER GRANTING PRELIMINARY APPROVAL

          WILLIAM H. ORRICK UNITED STATES DISTRICT JUDGE

         Having fully reviewed the Plaintiffs' Amended Motion for Preliminary Approval of Class Action Settlement, the supporting Points and Authorities, the Supplemental Brief in Support, and the declarations in support, including the Declaration of Armand R. Kizirian (Dkt. No. 115-1), I find as follows:

         1. On a preliminary basis, the Settlement Agreement (Amended Joint Stipulation of Class Action Settlement and Release, attached as Exhibit “1” to the Declaration of Michael H. Boyamian), appears to be within the range of reasonableness of a settlement that could ultimately be given final approval by this Court. Defendant XPO Last Mile, Inc. has agreed to pay $3, 500, 000.00 on behalf of itself and Defendant Macy's West Stores, Inc. for distribution to the Putative Class Members, Class Representatives, Class Counsel, the Labor Workforce and Development Agency, and the Claims Administrator, in exchange for a release and full and final disposition of this case, as described in the Settlement Agreement.

         2. It further appears, on a preliminary basis, that the Settlement is fair and reasonable to Putative Class Members when balanced against the probable outcome of further litigation, liability and damages issues, and potential appeals of rulings concerning the claims arising in the Settlement Period of December 28, 2014 to the present. Sufficient investigation, discovery, research, and litigation has been conducted such that counsel for the Parties at this time are able to reasonably evaluate their respective positions and make reliable recommendations regarding the approval of this Settlement. It further appears that settlement at this time will avoid substantial costs, delay and risks that would be presented by the further prosecution of the litigation. It also appears that the proposed Settlement has been reached as the result of intensive, informed and non-collusive negotiations between the Parties;

         3. Accordingly, the Amended Motion for Approval of the Settlement is GRANTED.

         4. The following class is conditionally certified for settlement purposes, pending final approval: all individuals who performed services as Drivers and/or Helpers delivering Macy's products and/or furnishings, who did not sign a Delivery Service Agreement with Defendants, and who were tendered loads at the location identified as the Macy's Logistics and Operations distribution center, 1208 Whipple Road, Union City, California 94587 between December 28, 2014 and the date of this Order.

         5. The Notice of Proposed Class Action Settlement and Exclusion Form, as revised and attached as Exhibit 1 to the Kizirian Declaration, fully advises Putative Class Members of the proposed Settlement, preliminary Court approval of the proposed Settlement, exclusion and objection timing and procedures, dispute resolution procedures, and the Final Approval Hearing. The Notice, and Notice Plan, comports with all constitutional requirements including those of due process.

         6. Accordingly, I approve the proposed Notice for distribution to the Putative Class Member.

         7. Upon consideration of the information regarding the work counsel has done in identifying and investigating the claims in this action, counsel's experience in handling class actions and the type of claims asserted here, counsel's knowledge of the applicable law, and the resources counsel have committed to representing the Putative Class Members, Michael H. Boyamian, and Armand R. Kizirian of Boyamian Law, Inc., Thomas W. Falvey, of the Law Offices of Thomas W. Falvey, and Joseph M. Lovretovich of JML Law, APLC are hereby appointed as Class Counsel.

         8. Upon consideration of the information regarding the efforts of the Named Plaintiffs, and the adequacy of their representation of absent class members, Plaintiffs Adrian Valente, Mario Pinon and Mynor Cabrera are hereby appointed as Class Representatives of the Putative Class.

         9. KCC Class Action Services, LLC is hereby appointed as the Settlement Administrator for this Settlement.

         10. I find that mailing to the present and last known addresses of the Putative Class Members in English and Spanish, the use of radio and newspaper ads in English and Spanish placed throughout the San Francisco Bay Area, and the use of a website constitutes an effective method of notifying Putative Class Members of their rights with respect to the Settlement.

         ACCORDINGLY, IT IS ORDERED:

(a) Within fourteen (14) days, Defendant XPO Last Mile, Inc. shall forward to the appointed Claims Administrator, KCC, the Class Information, as that term is defined in the Joint ...

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