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Humes v. First Student, Inc.

United States District Court, E.D. California

December 13, 2019

DELORES HUMES, an individual, DIANE ABELLA, an individual, on behalf of themselves and others similarly situated, Plaintiffs,
v.
FIRST STUDENT, INC., an entity; and Does 1 through 100, inclusive, Defendants.

          ORDER: (1) GRANTING PRELIMINARY APPROVAL OF SETTLEMENT; (2) APPROVING CLASS NOTICE; (3) APPOINTING SETTLEMENT ADMINISTRATOR; AND, (4) SCHEDULING FINAL APPROVAL HEARING

          BARBARA A. McAULIFFE UNITED STATES MAGISTRATE JUDGE

         On December 6, 2019, a hearing was held on the motion of Plaintiffs Delores Humes and Diane Abella (“Plaintiffs”) for preliminary approval of the proposed settlement (“Settlement”) with Defendant First Student, Inc. (“Defendant”), approval of the notice to be sent to the class about the settlement, and the setting of a date for the hearing on final approval of the settlement.

         The Court having read and considered the papers on the motion, the arguments of counsel, and the law, and good cause appearing therefore, IT IS ORDERED:

         1. The Court has jurisdiction over this action and the Parties' proposed settlement pursuant to 28 U.S.C. sections 1132(a) and 1332(d).

         2. Pursuant to the Class Action Settlement Agreement (“Agreement”) (Doc. 66-1, Declaration of Carol L. Gillam, Exhibit “1”), the Settlement is granted preliminary approval as it meets the criteria for preliminary settlement approval. The Settlement falls within the range of possible approval as fair, adequate and reasonable, and appears to be the product of arm's-length and informed negotiations and to treat all Class Members fairly.

         3. Under Rule 23(e), the Court may approve a class settlement only upon finding that it is “fair, reasonable, and adequate.” Fed.R.Civ.P. 23(e)(2). To determine whether a proposed settlement meets these standards, the Court must evaluate a number of factors, including:

(1) the strength of the plaintiffs' case;
(2) the risk, expense, complexity, and likely duration of further litigation;
(3) the risk of maintaining class action status throughout the trial;
(4) the amount offered in settlement;
(5) the extent of discovery completed and the stage of the proceedings;
(6) the experience and views of counsel;
(7) the presence of a governmental participant; and
(8) the reaction of the class members to the proposed ...

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