Free Order on Motion for Settlement - District Court of California - California

Case 4:07-cv-02828-CW

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DOSTART CLAPP GORDON & COVENEY James F. Clapp (SBN 145814) [email protected] 4370 La Jolla Village Drive, Suite 970 San Diego, California 92122 Telephone: (858) 623-4200 Facsimile: (858) 623-4299 McINERNEY & JONES Kevin J. McInerney (SBN 46941) [email protected] Charles A. Jones (SBN 224915) [email protected] 18124 Wedge Parkway #503 Reno, Nevada 89511 Telephone: (775) 849-3811 Facsimile: (775) 849-3866 Attorneys for Plaintiffs LINDA YOUNG, MIKE SAFAIE, and JANICE KEVARI SEYFARTH SHAW LLP Diana Tabacopoulos (SBN 128238) [email protected] 2029 Century Park East, Suite 3300 Los Angeles, California 90067-3063 Telephone: (310) 277-7200 Facsimile: (310) 201-5219 Attorneys for Defendant CHARLES SCHWAB & CO., INC.

UNITED STATES DISTRICT COURT 18 IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA 19 20 21 22 23 24 25 26 27 28 [Proposed] Order Granting Final Approval of Class Action and Collective Action Settlement; C 07-2828 CW LINDA YOUNG, MIKE SAFAIE, and JANICE ) KEVARI, individually and on behalf of all ) others similarly situated, ) ) Plaintiffs, ) ) v. ) ) CHARLES SCHWAB & CO., INC., ) ) Defendant. ) ) Case No. C 07-2828 CW ORDER GRANTING FINAL APPROVAL OF CLASS ACTION AND COLLECTIVE ACTION SETTLEMENT Date: August 21, 2008 Time: 2:00 p.m. Judge: Hon. Claudia Wilken Dept.: 2

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Plaintiffs' Motion for Final Approval of Settlement came on regularly for hearing on August 21, 2008. The Court has considered Plaintiffs' Motion, Defendant's Joinder thereto, the Declaration of Eden E. Anderson Regarding Compliance with Notice Requirements of the Class Action Fairness Act, the Declaration of Caryn Donly, and all other papers filed in this action, including those submitted in connection with the Motion for Preliminary Approval of Class Action Settlement. Good cause appearing therefore, IT IS ORDERED, ADJUDGED, AND DECREED THAT: 1. All terms used herein shall have the same meaning as set forth in the Joint

Stipulation of Settlement and Release (the "Settlement") executed by the Parties and filed with this Court. 2. This Court has jurisdiction over the subject matter of each of the claims asserted

in the Second Amended Complaint in this Action, and has personal jurisdiction over the Parties to this Action, including all Class Members who have not filed timely Exclusion Forms. 3. Notice to Class Members, including the mailing of a Notice of Pendency of Class

Action, Consent to Join Settlement and Claim Form, and Exclusion Form, has been completed in conformity with this Court's April 2, 2008 Order Granting Preliminary Approval of Class Action Settlement. The Court finds that the notice provided to Class Members provided due and adequate notice of the proceedings and the matters set forth therein, and that it fully satisfied the requirements of law and due process. 4. Plaintiffs' Motion for Final Approval of Class Action Settlement, as set forth in

the Settlement signed by the parties in March of 2008, is granted. 5. In granting final approval, the Court finds that the Settlement reached between the

Parties is fair, reasonable, and adequate. In making this determination, the Court has considered: (a) the strengths and weaknesses in Plaintiffs' case; (b) the risks, expense, complexity, and likely duration of further litigation; (c) the risks to Plaintiffs of establishing and maintaining class 2 [Proposed] Order Granting Final Approval of Class Action and Collective Action Settlement; C 07-2828 CW
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action status; (d) the extent of both formal and informal discovery that has been conducted by the Parties; (e) the views of the Parties' counsel, all of whom are experienced in complex class action litigation of this nature; (f) the terms of the Settlement; (g) the absence of objectors to the proposed Settlement; and (h) the non-collusive, arms-length negotiations by the Parties. 6. For purposes of this Order, and consistent with the Settlement, the Class is hereby

certified for settlement purposes pursuant to Rule 23 of the Federal Rules of Civil Procedure and under section 16(b) of the Fair Labor Standards Act, 29 U.S.C. § 216(b). 7. The Class Representatives and all Class Members who filed a Consent to Join

Settlement and Claim Form are deemed to have forever released and discharged the Class Members' Released Federal Law Claims and the Class Members' Released State Law Claims as set forth in the Settlement. 8. As of the Settlement Effective Date, the Class Representatives and all Class

Members who did not file Exclusion Forms are hereby forever barred and enjoined from commencing, prosecuting, or continuing to prosecute, either directly or indirectly, against Schwab, in this or in any jurisdiction or forum any of the Class Members' Released State Law Claims as set forth in the Settlement. 9. The Settlement does not constitute an admission or concession by Schwab, nor

does this Order constitute any finding of any kind as to the validity of any claims asserted in the Action or of any wrongdoing on the part of Schwab. Furthermore, the Settlement shall not be used in any way or for any purpose as an admission of any fault, omission, or wrongdoing on the part of Schwab. 10. This Court hereby dismisses this Action on the merits and with prejudice.

Without affecting the finality of this Order in any way, the Court hereby retains continuing jurisdiction over the Settlement to ensure its proper administration. The Court may enter

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additional orders to effectuate the fair and orderly administration of the Settlement as may from time to time be appropriate. IT IS SO ORDERED.

Dated: 8/26/08

________________________________ Honorable Claudia Wilken United States District Judge

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