United States District Court, E.D. California
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
...