United States District Court, C.D. California
DONOVAN SEBASTIAN, individually, on a representative basis, and on behalf of all others similarly situated, Plaintiff,
v.
SPRINT/UNITED MANAGEMENT COMPANY, a Kansas Corporation, and DOES 1 through 20, inclusive, Defendants.
FINAL JUDGMENT
JOSEPHINE L. STATON, JUDGE
Plaintiff's
unopposed Motion for Final Approval of the Class Action
Settlement as to the Joint Stipulation of Class Action
Settlement and Release (the “Settlement
Agreement”) was heard on November 25, 2019, in
Department 10A of the above-entitled court. Having considered
the Motion, Settlement Agreement, supporting declarations,
and all other materials properly before the Court, and having
held a fairness hearing and taken the matter under
submission, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS
FOLLOWS:
1. The
Court, for purposes of this Judgment and Order
(“Judgment”), refers to all defined terms
(i.e., terms with initial capitalization) as set
forth in the Settlement Agreement, which incorporates the
Court's Orders amending the Settlement Agreement
(see Order Granting Stipulation to Amend Settlement
Agreement, dated June 5, 2019, and Order Granting Stipulation
to Amend Settlement Agreement to Clarify Compensable
Workweeks, dated September 12, 2019).
2. The
Court has jurisdiction over the subject matter over this
Action, the Class Representative, the Class Members, and
Defendant.
3. The
Court finds that the distribution of the Class Notice, as
provided for in the Order Granting Preliminary Approval of
the Settlement, constituted the best notice practicable under
the circumstances to all Class Members and fully met the
requirements of applicable law and due process under the
California and United States Constitution. Based on evidence
and other material submitted, the actual notice to the Class
was adequate.
4. In
response to the Notice process, three Class Members opted out
of the Settlement (Dennis Desmith, Tina Haraguchi, and Tom
Ketchem), and no Class Members objected to the Settlement.
5. The
Court approves the Settlement of the above-captioned action,
as set forth in the Settlement Agreement and each of the
releases and other terms, as fair, reasonable, and adequate.
6. The
Parties are directed to perform in accordance with the terms
set forth in the Settlement Agreement.
7. For
purposes of effectuating this Order and Judgment, this Court
has certified the Settlement Classes defined in the
Settlement Agreement.
8. For
purposes of this Judgment, the Court confirms the appointment
of Plaintiff Donovan Sebastian as the class representative.
Further, the Court approves as reasonable the Class
Representative Enhancement Award to Plaintiff in the amount
of Ten Thousand Dollars ($10, 000). The Court orders the
Settlement Administrator to distribute the Class
Representative Enhancement Award to Plaintiff in accordance
with the provisions of the Settlement Agreement.
9. For
purposes of this Judgment, the Court confirms the appointment
of Brian J. Mankin of Fernandez & Lauby LLP as Class
Counsel. Further, the Court approves as reasonable the Award
of Attorneys' Fees of Eight Hundred Twelve Thousand Five
Hundred Dollars ($812, 500).
10. The
Court approves a Class Counsel Costs Award in the amount of
Eight Thousand Nine Hundred Fifty-Two Dollars and Fifty-Six
Cents ($8, 952.56).
11. The
Court confirms the appointment of Simpluris, Inc. as the
Settlement Administrator to administer the Settlement as more
specifically set forth in the Settlement Agreement and
further approves Settlement Administration Costs in the
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