[REVISED PROPOSED] ORDER ON PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, APPROVAL OF CLASS NOTICE, AND CLASS CERTIFICATION

YVONNE GONZALEZ ROGERS, District Judge.

Plaintiff's Motion for Preliminary Approval of a Class Action Settlement, Approval of Class Notice, and Conditional Certification of Settlement Class came before this Court and was heard on July 11, 2014 (the "Motion"). (Dkt. 50.) The Court considered the proposed class action Stipulation of Settlement ("Settlement Agreement," attached as Exhibit 1 to the Declaration of Monique Olivier (Dkt. 50-3), the submissions of counsel, and all other papers filed in this action.

The matter having been submitted, and good cause appearing therefore, this Court HEREBY ORDERS THE FOLLOWING:

1. The Court GRANTS preliminary approval of the class Settlement Agreement. The Court finds that the Settlement is fair, adequate, and reasonable to the Class.

2. Pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(3), and for purposes of, and solely in connection with the Settlement, the Court finds that each of the requirements for certification of the class set forth in Plaintiff's Motion for Preliminary Approval are met and hereby certifies the following class, subject to this Court's final approval:

All Ready Reserve Employees who were employed by Defendant, in California, beginning March 18, 2009 through March 17, 2014.

3. The Court, for settlement purposes only, finds that this action satisfies the requirements for class action approval under Federal Rules of Civil Procedure 23(a) and 23(b)(3). In support of this ruling, the Court conditionally and preliminarily finds that: (a) the Class is so numerous that joinder of all members is impracticable; (b) there are questions of law and fact common to the Class; (c) the named Plaintiff's claims are typical of the claims of the Class; (d) the named Plaintiff and Plaintiff's Counsel have and are able to adequately represent the Class; and (e) class-wide treatment of this dispute is superior to other available methods for adjudicating the controversy.

4. If the Settlement Agreement is terminated or not consummated, the certification shall be void. The parties shall retain their respective rights to bring and oppose a motion for class certification.

5. The Court appoints and designates the named Plaintiff Andrew Bell as Class Representative.

6. The Court appoints and designates Duckworth Peters Lebowitz Olivier LLP and the Law Offices of Deborah C. England as Class Counsel who are located at the following addresses:

7. The Court approves, as to form and content, the revised proposed Notice of Class Action Settlement, attached hereto as Exhibit A, including the procedure for Class Members to object to or opt out of the Settlement, as set forth in paragraphs 12 and 15, below, and accordingly directs that notice be given in the form and manner consistent therewith and as set forth in paragraph 11, below. The Court finds that the proposed notice is the best means practicable of providing notice under the circumstances and when completed shall constitute due and sufficient notice of the Action, the proposed Settlement, and the Final Approval Hearing to all persons affected by and/or authorized to participate in the Settlement in full compliance with Federal Rules of Civil Procedure 23(c) and (e) and the requirements of due process.

8. The Court appoints and designates Dahl Administration as the Settlement Administrator. The Court hereby directs the Settlement Administrator to provide the approved Class Notice in accordance with the schedule and procedures set forth below. The Settlement Administration costs shall be paid out of the Gross Settlement Amount and shall not exceed $20,000.

9. The Court orders the following schedule for further proceedings:

10. No later than seven (7) days after the Court issues this Order, Delta shall provide to the Settlement Administrator an electronic Database with each Class Member's name, last known address, social security number, and status as a current or former employee. Upon receipt of the Database, the Settlement Administrator shall check with the U.S. Postal Service National Change of Address Database and update any addresses with any new information found regarding the location of Class Members.

11. The Settlement Administrator will mail via first class mail the Notice of Settlement directly to the last known address of each Class Member within fourteen (14) days of receiving the data from Defendant. The Settlement Administrator will also establish a settlement website which will include the Settlement Agreement and a summary of the settlement terms within fourteen (14) days of receiving the data from Defendant.

12. Class Members, except for Plaintiff, will have forty-five (45) days from the date of mailing the Notice of Settlement within which to opt-out of the Settlement. Class Members who wish to exercise this option must timely submit an Opt-Out Request to the Settlement Administrator. The Opt-Out Request must be postmarked on or before forty-five (45) days from the date of mailing the Notice. Class Members who do not timely submit an executed Opt-Out Request shall be part of the Settlement Class and bound by the Settlement. Class Members who timely submit an executed Opt-Out Request shall have no further role in the Action, and for all purposes they shall be regarded as if they never were a party to this Action or a Class Member, and thus they shall not be entitled to any payment as a result of this Settlement and shall not be entitled to or permitted to assert an objection to the Settlement.

13. Beginning two weeks after the date the Notices of Settlement are mailed, the Settlement Administrator shall provide to Class Counsel and Defendant's Counsel a biweekly status report which will be cumulative, reflecting the names and the number of Class Members who have filed Opt-Out Requests.

14. At least seven (7) days prior to the deadline for filing the motion for final approval of the Settlement, the Settlement Administrator shall provide Class Counsel and Defendant's Counsel a declaration of due diligence and proof of mailing with regard to the mailing of the Notice and the number of completed Opt-Out Requests.

15. Class Members will have forty-five (45) days from the date of mailing the Notice of Settlement within which to file an objection to the Settlement. Only Class Members who have not filed an Opt-Out Request may object to the Settlement. To object, a Class Member must send a written objection to the Court.

16. Class Counsel shall file the motion for attorneys' fees and expenses on September 1, 2014.

17. Class Counsel shall file Plaintiff's Motion for Final Approval of Class Settlement and Enhancement Award no later than September 29, 2014. The proposed Final Approval Order and Judgment shall be lodged with the Court no later than seven (7) days before the Final Approval Hearing.

18. A Final Approval Hearing shall be held before this Court on October 14, 2014 at 2:00 p.m., in Courtroom 1.

IT IS SO ORDERED.

Exhibit A