KAIRY v. SUPERSHUTTLE INTERNATIONAL, INC., 4:08-CV-02993 JSW. (2014)
Court: District Court, N.D. California
Number: infdco20141104719
Visitors: 8
Filed: Nov. 03, 2014
Latest Update: Nov. 03, 2014
Summary: REVISED [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT JEFFREY S. WHITE, District Judge. INTRODUCTION On October 31, 2014, this Court held a hearing on Plaintiffs' Motion for Final Approval of Class and Collective Action Settlement, at which all named parties were represented. Due and adequate notice having been given to the Class Members, and the Court having considered the Settlement Agreement, all papers and proceedings had he
Summary: REVISED [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT JEFFREY S. WHITE, District Judge. INTRODUCTION On October 31, 2014, this Court held a hearing on Plaintiffs' Motion for Final Approval of Class and Collective Action Settlement, at which all named parties were represented. Due and adequate notice having been given to the Class Members, and the Court having considered the Settlement Agreement, all papers and proceedings had her..
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REVISED
[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT
JEFFREY S. WHITE, District Judge.
INTRODUCTION
On October 31, 2014, this Court held a hearing on Plaintiffs' Motion for Final Approval of Class and Collective Action Settlement, at which all named parties were represented. Due and adequate notice having been given to the Class Members, and the Court having considered the Settlement Agreement, all papers and proceedings had herein, and all oral and written comments received regarding the proposed Settlement, and having reviewed the records in this case, and good cause appearing, the Court HEREBY ORDERS THE FOLLOWING:
DEFINITIONS
1. This Order incorporates by reference the definitions contained in the Class Action Settlement Agreement and Release of Claims ("Agreement") attached as Exhibit 1 to the Declaration of Aaron Kaufmann in Support of Plaintiffs' Motion for Preliminary Approval of Class Action Settlement (ECF# 383-1), and all terms used in this Order shall have the same meaning as set forth in the Agreement. JURISDICTION
2. This Court has jurisdiction over the subject matter of this Lawsuit and all matters relating thereto, and over all parties to the Lawsuit. CONFIRMATION OF SETTLEMENT CLASSES
3. The Court confirms as final its preliminary certification in the June 12, 2014 Order of the Settlement Class, as that term is defined in and by the terms of the Agreement. With respect to the Settlement Class and for purposes of approving this Settlement only, this Court finds and concludes that: (a) the Members of the Settlement Class are ascertainable and so numerous that joinder of all members is impracticable; (b) there are questions of law or fact common to the Settlement Class, and there is a well-defined community of interest among Members of the Settlement Class with respect to the subject matter of the Lawsuit; (c) the claims of the Class Representatives are typical of the claims of the other members of the Settlement Class; (d) the Class Representatives have fairly and adequately protected the interests of the Settlement Class; (e) a class action is superior to other available methods for an efficient adjudication of this controversy; and (f) the counsel of record for the Class Representatives, i.e., Class Counsel, are qualified to serve as class counsel.
4. The Court confirms as final the appointment of Roosevelt Kairy, Larry Brown, Wayne Dickson, Drake Osmun, Harjinder Dubb, Frederick Fernandez, Yurik Zadov, and Munir Ahmed as class representatives.
5. The Court confirms as final the appointment of Plaintiffs' law firms, Leonard Carder, LLP; Rukin Hyland Doria & Tindall LLP; Lewis Feinberg, Lee, Renaker & Jackson, P.C.; and Bryan Schwartz Law as Class Counsel. SETTLEMENT APPROVAL
6. The Court finds that the distribution of Class Notice Packages as provided for in the June 12, 2014 Order granting preliminary approval constituted the best notice practicable under the circumstances to all persons within the definitions of the Settlement Class, and fully met the requirements of due process under the United States Constitution and California law with respect to those Settlement Class Members to whom Notice was mailed. Based on evidence and other material submitted in conjunction with the Settlement, the actual notices to Settlement Class Members were adequate, except as expressly stated herein.
7. Pursuant to Fed. R. Civ. P. 23(e), this Court grants final approval to the Agreement and the Settlement set forth therein, and orders the parties to implement, and comply with, its terms. The Court finds that the Agreement and the Settlement set forth therein is fair, reasonable, and adequate in all respects, and that it is binding on all members of the Settlement Class, except as set forth in Paragraphs 13-16 below. The Court specifically finds that this Settlement affords substantial monetary and non-monetary relief to the Class, and is rationally related to the strength of Plaintiffs' claims given the risk, expense, complexity, and duration of further litigation. This Court also finds that the Agreement is the result of arms'-length negotiations between experienced counsel representing the interests of the Class and Defendants, after thorough factual and legal investigation. The Court further finds that the response of the Classes to the Settlement supports final approval, in that only one class member has objected to the proposed Settlement and only twelve out of more than 3,000 Class Members have excluded themselves from the Settlement.
8. The Court finds that the negotiated operational changes detailed in Exhibit A to the Agreement have significant value to certain class members (franchisees and associate drivers still operating shuttle vans franchised through defendant City Licensees), and that these changes further enhance the independence of the operators, provide further entrepreneurial opportunities, and provide certain clarifications that strengthen the independent contractor status of these class members on a going-forward basis.
9. The Court finds that the proposed plan of allocation is rationally related to the relative strengths and weaknesses of the respective claims asserted. The mechanisms and procedures set forth in the Agreement by which payments are to be calculated and made to Class Members are fair, reasonable, and adequate. Payment shall be made according to those allocations and pursuant to the procedure set forth in the Agreement and this Order.
10. Plaintiffs have requested approval of a payment from the aggregate settlement fund of $7,500 to the California Labor and Workforce Development Agency (LWDA) in settlement of the California Class' PAGA claims. The Court finds that this LWDA payment is fair, adequate, and reasonable and approves a payment to the LWDA in the amount of $7,500.
11. Plaintiffs have requested appointment of the Legal Aid Society-Employment Law Center (San Francisco, CA) as cy pres beneficiary. Because the Legal Aid Society-Employment Law Center meets the test under Dennis v. Kellogg Co., 697 F.3d 858, 865 (9th Cir. 2013) that "there be a driving nexus between the plaintiff class and the cy pres beneficiaries," the Court hereby designates the Legal Aid Society-Employment Law Center as cy pres beneficiary for receipt of undistributed funds as provided under the Agreement and this Order.
12. By operation of this Order and upon the effective date of the Judgment, the Class Representatives shall release, relinquish, and discharge all claims against the Releasees released under the terms of Paragraph 65 Settlement Agreement.
13. By operation of this Order and upon the effective date of the Judgment, all Settlement Class Members who have not opted out of the Settlement shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against the Releasees as set forth in Paragraph 63 of the Settlement Agreement, except as set forth in Paragraph 16 below.
14. From the Net Settlement Fund KCC shall create a reserve fund equal to the value of the claims of the 130 Class Members who have not been mailed Notice ("No Address Class Members") and the 136 Class Members who were mailed Notice but whose Notice was returned as undeliverable ("Bad Address Class members") (collectively "Undelivered Notice Class Members"). A list of these 266 Class Members is attached as Exhibit A to this Order. The value of this reserve fund will be held back from the Settlement, in the Qualified Settlement Fund by KCC, and available to pay any of these 266 Class Members whose address information is obtained within 12 months of the final approval order.
15. Efforts to locate address information for the 130 No Address Class Members will continue. These efforts will include attempted communication with primary operators who may have contact information for secondary operators.
16. As any of the 266 Undelivered Notice Class Members are located or come forward, KCC will mail them Notice and provide them with an opportunity to exclude themselves from the Settlement. Those who are mailed Notice and do not exclude themselves from the Settlement will receive their share of the Settlement and be bound by the Release.
17. On October 31, 2015, any of the 266 Undelivered Notice Class Members who have still not been mailed Notice will be excluded from the Settlement and shall not be bound by the Release. The dollars attributable to their shares of settlement will be disbursed to the cy pres beneficiary.
18. The Lawsuit is hereby dismissed with prejudice.
19. The Court reserves exclusive and continuing jurisdiction over the Lawsuit for the purposes of supervising the implementation, enforcement, construction, administration and interpretation of the Settlement Agreement and this Judgment.
20. This document shall constitute a judgment (and separate document constituting said judgment) for purposes of Federal Rule of Civil Procedure 58.
21. The Court finds that notice of the Settlement was served upon all appropriate Federal and State officials on July 18, 2014 pursuant to the Class Action Fairness Act of 2005 ("CAFA"), 28 U.S.C. § 1715.
IT IS SO ORDERED.
EXHIBIT A
KCC Class Action Services
KAIRY V. SUPERSHUTTLE INTERNATIONAL INC
List of Class Members with Known Bad Addresses
9/19/2014
Count: 136
KCC
Control # Last Name First Name Company
100036401 ABDUSALAM REDWEAN FREEDOM EXPRESS LLC
100059401 ACKERMAN JOSHUA
100064001 ADAMS BRYANT
100092701 AHMED MOHAMED FREEDOM EXPRESS LLC
100102101 AJAYI PIUS
100103501 AKBARI BAHRAM
100114301 ALAVERDYAN VARDEVAN
100166301 AMLING WILLIAM "BILL"
100186201 ARAKELYAN ROBERT A Y BUSINESES LLC
100208901 ASAD TASSAWAR AHMED HIGAZY
100229101 ATOYAN JAKE
100260701 BAHDANAU VITALI SAS SHUTTLE GROUP LLC
100268601 BAKER LARUE "ROY"
100302201 BAZIEV KHARUN MIRIMS LLC
100321801 BENEVENT NANCY
100326601 BENNETT ROBERT 1ST CHOICE SHUTTLE LLC
100334301 BERRELLEZA LETICIA YVANNIYAS TRANSPORTATION LLC
100354201 BIRTS MORRIS
100378601 BONG TJUN
100380101 BONILLA SUNDRO
100386301 BOSHARA ELTAHIR SD GROUP LLC
100396801 BOUL MUAYYAD
100407601 BRACKEN JOSIE
100417001 BROWN DOMINIC
100451701 CALDERON RAYMOND LTN ENTERPRISE LLC
100452001 CALIRI SUN OAK
100454801 CAMACHO CARLOS VB TRANSPORTATION LLC
100492901 CATO JAMES
100494601 CAUSSA GUADALUPE ALAS CAUSSA
100527001 CHARCHYAN FRUNZIK
100560301 CHOI JUNG KWON
100584701 CODY DOC
100585001 COHEN MARTIN
100595501 CONTRERAS-SIFUENTE JOSE GIHAN LLC
100610601 CRAMMER WILLIAM
100618501 DABIS OTTO DABIS
100630501 DANG LONG KIM BLUE SKY TRANSPORTATION LLC
100646101 DAVIS FREDERICK
100654901 DE PRADA RAUL
100684201 DI CARLO PERRY BAHARIA SHUTTLE LLC
100716301 DOWNING ZACH 1ST CHOICE SHUTTLE LLC
100718001 DRANGMEISTER HOWARD
100724001 DUBOISE LUBERTHA
100725401 DUBRUTZ EDWARD
KCC
Control # Last Name First Name Company
100768301 EMOJONG DAVID YOLO AIRPORTER/TRANSPORTER LLC
100782001 ESMAIL NASSER
100810701 FARID EDER AYAD ABA TRANSPORTATION LLC
100816901 FAYEHUN YEMI
100826301 FERNANDO JUWANGE DEDODWELL LLC
100846201 FOLEY CLAUDE
100902501 GARCIA JORGE
100922401 GENDELMAN BORIS
101036001 GUOBADIA JONES FRANKS EXPEDITED SERVICES
101051101 HACKELTON CAL
101090601 HARVEY WALLACE
101106201 HEGAZY ABDEL FATTAH
101108001 HEMMAT KAVEH INDIVIDUAL
101112201 HENNING SHAWN
101133501 HILL JOSEPH VAGA LLC
101142601 HODGE GEOFFREY
101156501 HOVANESYAN ALFRED SHUTTLE PACIFIC LLC
101161101 HOWMAH MARYANNE 01 GREAT WEST TRANSPORTATION LLC
101188601 HUSSEIN MOHAMED FREEDOM EXPRESS LLC
101229801 ISIBOR TAIWO
101260301 JATTAN SANJAY INMOTION TRANSPORT LLC
101275601 JIMENEZ MIGUEL
101310601 KABIANPOR MOHAMMAD
101336701 KAMIL HAMDI JFK TRANSPORTATIO LLC
101428501 KIROJAN JUOTJE
101429901 KITCHIL HANEEF AWESOME GROUND SHUTTLE LLC
101444001 KOGAN BORIS V & L EXPRESS LLC
101451301 KOLEV VENELIN
101458901 KOUTEPOV IOURI
101464901 KRAVETSKIY FELIX
101580901 LISENSKIY DMITRY
101603901 LOPEZ ADRIAN MR TRANS GROUP LLC
101645401 MAGDALENO YAIR GIHAN LLC
101678901 MANIQUIS MICHAEL JESUS SIMANGAN LLC
101682101 MANSOORI ABDUL
101685201 MARALLOS CHRIS
101692601 MARGUEZ JOSE
101825601 MISTRY TANVEER
101826001 MITCHEL STANLEY B&P SHUTTLE
101838101 MOHAMMAD NOOR
101840701 MOHAMMED BAHERADIN
101841001 MOHAMMED MUSHTAQ AWESOME GROUND SHUTTLE LLC
101854601 MONTES ERNESTO
101862301 MORCOS NABEL
101868501 MOREY LUIS FELIPE BAHARIA SHUTTLE LLC
101874501 MORRIS EDWARD
101956901 NGUYEN LAM
101967701 NIEVES ROSALIA YVANNIYAS TRANSPORTATION LLC
101999801 NURMEDOV RUSTAM Q SHUTTLETRANSPORTATION LLC
102011001 OCEN PATRICK
102068801 PAPADAKIS EMANOUIL
102069101 PAQUILLO KRISTOFFER
KCC
Control # Last Name First Name Company
102082501 PATOV ROSEN
102102401 PEREZ JESUS
102114601 PETTITT STEPHANIE
102139301 POLOSUKHIN VICTOR
102152701 POUND TIMMY ARIAS TRANSPORTATION
102161801 PRONICHENKO MAKSIM KBL TRANSPORTATION LLC
102172601 QUACH JOHN
102173001 QUADROS SERGIO
102229401 REED IAN BLUE SKY
102294801 RUE ROGER
102330101 SAID SHERIF NEIL EXPRESS SHUTTLE LLC
102342301 SALEM FAROUK
102395701 SARGSYAN ARTAVAZD
102435501 SERVILLO MICHAEL ROBS ULTIMATE TRANSPORTATION
102436901 SESMA JULIO
102451001 SHAMYRADOV POLAT GM TRANSPORTATION LLC
102469301 SHEMCHYSHYN ANDRIY
102472201 SHESTAKOV KONSTANTIN Q SHUTTLE TRANSPORTATION LLC
102475301 SHIDU LARRY SHIDU
102503001 SIMONENKO YURI V & K LLC
102529001 SINTO TJAHJA
102575901 SOUSSI MOHAMAD
102578001 SPARTZ LOWELL
102604901 STORY JOHN
102617401 SUMAMPOUW RUNTU
102700001 TESHOME AGLACHEW
102724301 TILLEKERATINE DON
102733401 TJANDRA GUNAWAN
102751601 TOLU NEVZAT "TOLGA" DALY SHUTTLE LLC
102769001 TREJO EZEQUIEL
102799301 UEMATSU JR GENE
102848201 VASQUEZ LEON GERMAN S G M BATAVIA SHUTTLE LLC
102849601 VASQUEZ-SOSA HECTOR
102859001 VEGA MARTIN WHITEWATER ENTERPRISES LLC
102863301 VERA SAUL JR TRANSPORT SYSTEMS LLC
102889401 VONGNANGAM SAK
102933501 WELD SHARON COLOSSIANS 323 LLC
102937001 WEWENGKANG DANNY
102952001 WILLIS CALVIN
102987201 YADAO DONNE ISLANDER SHUTTLE LLC
KCC Class Action Services
DAIRY V. SUPERSHUTTLE INTERNATIONAL INC
List of Class Members Without Complete Mailing Addresses
9/19/2014
Count: 130
KCC Control
# First Name Last Name Company
100176801 DOS SANTOS ANE MARI
100285401 AHMED BAROUD
100479501 CHRISTINA CASAREZ
100556001 CHARLES CHIEJINA
100766601 ASHER EMMANUEL
100889101 ERIK GAMPU
100900801 BENJAMIN GARCIA
102490401 MUSTAFA SIDIQI
102506001 ARNOLD SINAGA
102508801 AMRIT SINGH
102687601 JANRRY TELAH
102701301 GET TESHOME
102725701 HENRY TIMBULENG
102739601 KELVIN TJHIN
102577601 CLEBER SOUZA
102626501 IWAN SURYADI
102649501 TEDDY TAJEB
102669401 RICHARD TAROREH
100982101 EDDIE GONZALEZ
100989701 ROGELIO GONZALEZ
100991201 EVAN GORDON
100996001 ISABELLE GOURBAN
101002201 CHRISTOPHER GRAY
101014401 CALISTERIO GREGORY
101022101 ANGLE GUANDIQUE
101077201 BUDDY HANNATO
101113601 ROD HENRY
101126101 ART HERRON
101154801 ALI CHARLIE HOSSEIN
101168701 HONG HUANG
101183801 AFTAB HUSSAIN
101252601 DUQMAQ JAMAL
101258801 RICHARD JAQUA
101306301 NICO JUNAWAN
101579701 JESUS LINGAD
101632901 DANIEL LY
101634601 YERMIYAS LY
101640601 MARCELO MACALI
101669801 ENDA MAMO
101725001 SONJA MARTINEZ
101742901 ABDUL MATIN
101747701 SAMY MATTA
101748001 KEVIN MATTHEWS
101857701 AMIN MORADI
101859401 TONY MORAGO
101894401 CARLOS MURILLO
KCC Class Action Services
KAIRY V. SUPERSHUTTLE INTERNATIONAL INC
List of Class Members Without Complete Mailing Addresses
9/19/2014
Count: 130
KCC Control
# First Name Last Name Company
102060901 SONNY PAJULAS
102073401 SING PARK
102081101 HIRA PATHANIA
102105501 WILLIAM PEREZ
102266101 PETE RODRIGUEZ
102297901 GUSTAVO RUIZ
102371301 JAMES SANDOVAL
102398801 KAREN SARKISIAM
102757801 HARRY TORRES
102797601 ATHER TYEB
102801901 AMAN ULLAH
102837401 ARTURO VARGAS
102839101 ELISER VARGAS
100139001 WAAD ALJABI BAHARIA SHUTTLE LLC
101824201 FRANK MISCH
102994601 LIU YANG
101166001 RONG HU
100197001 FRANCIS ARNAIZ
101514101 VICTOR LARIONOV
102217201 RASHID RASHID
102613001 IGOR SUHOV
101495601 GARY LADHER
100164601 AMIT AMIT
100393701 BONLENG BOUANESOMBATH
100468701 MARCELINO CAPELLE
100484101 JOHN CASHIO REGENCY
100497701 JARED CECIL SACRAMENTO AIRPORT CARRIERS
100510001 LESLIE CHAN REGENCY
100517601 NICK CHANG
100574201 JESSE CHURCH
100616801 JAMES CURTIS SAC AIRPORT CARRIERS
100727101 STEVE DUNECK
100905601 NORM GARCIA
100955901 KEN GIPSON BLUE SKY SHUTTLE
101004001 LESHIA GRAY BLUE SKY
101005301 ROBERT GRAY SACRAMENTO AIRPORT CARRIERS
101056001 ? HAILU
101225301 JOSEPH ISAACS BLUE SKY SHUTTLE LLC
101423701 WILLIAM KINDRICK
101431401 PAUL KITTIRATH A COMFORT SHUTTLE USA
101492501 JACOB LABUDA
101503301 RICHARD LANDA SAC AIRPOTR CARRIES
101587401 ROXANNE LIU REGENCY
101611601 KONG LOR
101680401 LARRY MANN
101714201 JAUN MARTINEZ
KCC Class Action Services
KAIRY V. SUPERSHUTTLE INTERNATIONAL INC
List of Class Members Without Complete Mailing Addresses
9/19/2014
Count: 130
KCC Control
# First Name Last Name Company
101719001 LAVERONICA MARTINEZ
101726401 EDWIN MARTINEZ RIVERA BLUE SKY SHUTTLE
101855001 DAVID MOORE
101896101 MOHAMMAD MUSA
102022801 DAVE OLLAR BLUE SKY
102121001 PAUL PHANKHOLO
102130001 KHAMMA PHUOAMKHA
102142201 JAVIER PONCE ARIAS TRANSPORTATION
102146701 GARY PORTER BLUE SKY
102242801 DAVE REYNOLDS
102246201 JASON RIKLON YOLO TRANSPORTATION
102253601 ALDRED ROBERT BLUE SKY
102276601 ALEX ROMERO REGENCY
102402001 SING SARN
102518201 MONOPAL SINGH
102523901 SIMRAN SINGH COMFORT SHUTTLE USA LLC
102525601 SURENDER SINGH BLUE SKY
102560601 SATTANAK SOMPHU SIA CONVENIENT
102567101 WILSON SORIANO
102576201 ROBERT SOUTH SACRAMENTO AIRPORT CARRIERS
102590001 RICHARD STARK BLUE SKY SHUTTLE
102599201 LEE STILES
102600401 JACK STINNET
102607001 MICHAEL STROUD SACRAMENTO AIRPORT CARRIERS
102612601 VANG SUE
102788501 JEFF TUAZON
102789901 TROY TUCKER
102876901 JAKE VILLEGAS
102903101 CHERYL WALLACE BLUE SKY
102904501 CJ WALLACE REGENCY TRANSPORTATION
102920001 JONATHAN WARRENS
102946001 GERALD WILLIAMS SACRAMENTO AIRPORT CARRIERS
102951701 MO WILLIAMS
102970201 WOODY WOODY
102971601 ROGER WORLEY
102972001 JEFF WRIGHT
103009001 JOSEPH YORK SACRAMENTO AIRPORT CARRIERS
102134501 JAVIER PIZZANO JR TRANSPORT SYSTEMS LLC
Source: Leagle
