[PROPOSED] ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT
FILED CONCURRENTLY WITH PLAINTIFF'S NOTICE OF UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND PROVISIONAL CERTIFICATION OF CLASS; [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT]
JOHN A. MENDEZ, District Judge.
The Motion for Preliminary Approval of Class Action Settlement filed by Plaintiff Herta Guadalupe Kuhn ("Plaintiff" or "Kuhn"), came on regularly for hearing in Courtroom 6 of the above captioned court, the Honorable John A. Mendez presiding. All parties appeared through their respective counsel of record. Defendant Primeflight Aviation Services, Inc. ("Defendant" or "Primeflight Aviation Services") does not oppose Plaintiff's Motion.
Having received and fully considered Plaintiff's Notice of Motion and Motion, supporting Memorandum of Points and Authorities, Declaration of Roman Otkupman, the Settlement Agreement, the proposed Class Notice, and the arguments of counsel presented to the Court at the hearing of this motion, and for good cause appearing, the Court hereby rules as follows:
1. The Court grants Plaintiff's Motion for Preliminary Approval of Class Action Settlement. The Court finds, on a preliminary basis, that the terms of the settlement appear fair, adequate, and reasonable.
2. The Court further grants the request for certification of the following Rule 23 Settlement Class for the sole and limited purpose of implementing the terms of the Settlement Agreement, subject to this Court's final approval:
All persons employed by Defendant as non-exempt, hourly-paid employees in one or more of Defendant's operations at (a) Oakland International Airport (OAK), (b) Sacramento International Airport (SMF), and/or (c) San Diego International Airport (SAN), at any time from November 10, 2017 to March 12, 2019.
3. The Court appoints Plaintiff's Counsel, Otkupman Law Firm, as Class Counsel, and Plaintiff Herta Guadalupe Kuhn as Class Representative.
4. The Court preliminarily approves the form and content of the Settlement Agreement, attached as Exhibit A to the Declaration of Roman Otkupman in Support of Plaintiff's Motion for Preliminary Approval of Class Action Settlement.
5. The Court approves the form and content of the Class Notice attached as Exhibit 4 to the Settlement Agreement.
6. The Court further approves the selection of Simpluris as the Class Administrator, and the payment of reasonable administration costs to be paid from the Gross Settlement Amount. The Class Administrator shall take all other actions in furtherance of obtaining updated and accurate mail address information for Eligible Class Members and giving of notice, determination of Eligible Class Member payment amounts, receiving and processing Class Member opt-outs, objections, and other settlement administration functions, as are specified in the Settlement Agreement.
7. The Court hereby approves the proposed Class Notice and adopts the following dates and deadlines:
ACTION DEADLINE
Preliminary Approval Date The date when Court enters this Order approving
the Joint Stipulation of Class Action Settlement
Defendant to provide Class Within 14 days after Court issues Preliminary
Administrator with Class Data (names, Approval Order
addresses, SSNs, and dates of
employment)
Class Administrator to mail Notice Within 14 days after Defendant's delivery of Class
Packet to Eligible Class Members Data to Class Administrator
Class Member Objection Deadline Within 45 days from date Class Administrator
mails Notice Packet
Opt Out Deadline Within 45 days from date Class Administrator
mails Notice Packet
Class Counsel to file motion seeking Prior to Final Approval Hearing
approval of attorney's fees and costs and
Class Representative service payment
Final Approval Hearing [_____ Date and Time to be determined by the
Court_______] March 10, 2020 at 1:30 pm
Final Approval Date The date on which the Court enters the Order of
Final Approval
8. Pursuant to Federal Rule of Civil Procedure 23(e)(5), members of the Settlement Class may object to the terms of the settlement. Settlement Class Members who object to the proposed Settlement, must give written notice to the Class Administrator within the forty-five-day deadline outlined above. A Class Member's failure to make a timely written Class Member Objection, however, shall not be an absolute bar to a Class Member's appearance at the Final Approval Hearing for the purpose of objecting to the Settlement. Should the Court decide to hear any such oral objections, the appearing Class Members shall be required to state as such hearing the reason(s) why they did not comply with this provision, and the Parties shall be given a reasonable opportunity to respond.
9. Class Counsel shall file a motion for approval of reasonable attorney's fees, costs, and litigation expenses and a motion for approval of the service payment for Plaintiff Herta Guadalupe Kuhn prior to the Final Approval Hearing.
10. Counsel shall return before this Court for a Final Approval Hearing, at which the Court shall finally determine whether the settlement is fair, reasonable, and adequate, on [March 10, 2020 at 1:30] in Courtroom 6 of this Court.
11. Class Counsel shall file a motion for final approval of settlement before the Final Approval Hearing. Any supporting declarations and exhibits must be filed with the motion for final approval.
IT IS SO ORDERED.
