1 DOSTART CLAPP GORDON & COVENEY
James F. Clapp (SBN 145814)
2 [email protected]
4370 La Jolla Village Drive, Suite 970
3 San Diego, California 92122
Telephone: (858) 623-4200
4 Facsimile: (858) 623-4299
5 McINERNEY & JONES
Kevin J. Mclnerney (SBN 46941)
6 [email protected]
Charles A. Jones (SBN 224915)
7 [email protected]
18124 Wedge Parkway #503
8 Reno, Nevada 8951 1
Telephone: (775) 849-3811
9 Facsimile: (775) 849-3866
ic Attorneys for Plaintiffs
LINDA YOUNG, MIKE SAFAIE, and JANICE KEVARI
1 1
SEYFARTH SHAW LLP
12 Diana Tabacopoulos (SBN 128238) [email protected]
2029 Century Park East, Suite 3300
13 Los Angeles, California 90067-3063
Telephone: (310) 277-7200
14 Facsimile: (310) 201-5219
15 Attorneys for Defendant
CIIARLES SCHWAB & CO., INC.
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UNITED STATES DISTRICT COURT
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IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LINDA YOUNG, MIKE SAFAIE, and JANICE) Case No. C 07-2828 CW
20 KEVARI, individually and on behalf of all )
others similarly situated. ) [PROPOSED] ORDER GRANTING
21 ) FINAL APPROVAL OF CLASS
Plaintiffs. ) ACTION ANI) COLLECTIVE ACTION
22 ) SETTLEMENT
v. )
23 ) Date: August 21, 2008
CHARLES SCHWAB & CO., INC., ) Time: 2:00 p.m.
24 ) Judge: Hon. Claudia Wilken
Defendant. ) Dept.: 2
25 ._._ ,_____-______, ,,__ LY)
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and Collective Action Settlement; C 07-2828 CW
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I PIaintiffs’ Motion for Final Approval of Settlement came on regularly for hearing on
2 August 21, 2008. The Court has considered PIaintiff`s’ Motion, Defendant’s Joinder thereto, the
3 Declaration of Eden E. Anderson Regarding Compliance with Notice Requirements of the Class
4 Action Fairness Act, the Declaration of Caryn Donly, and all other papers filed in this action,
5 including those submitted in connection with the Motion for Preliminary Approval of Class
6 Action Settlement. Good cause appearing therefore.
7 IT IS ORDERED, ADJUDGED, AND DECREED THAT:
8 I. All terms used herein shall have the same meaning as set forth in the Joint
9 Stipulation of Settlement and Release (the "Settlement") executed by the Parties and filed with
I0 this Court.
I 1 2. This Court has jurisdiction over the subject matter of each ofthe claims asserted
I2 in the Second Amended Complaint in this Action, and has personal jurisdiction over the Parties
I3 to this Action, including all Class Members who have not filed timely Exclusion Forms.
14 3. Notice to Class Members, including the mailing ofa Notice of Pendency of Class
I5 Action, Consent to Join Settlement and Claim Form, and Exclusion Form, has been completed in
I6 conformity with this Court’s April 2, 2008 Order Granting Preliminary Approval of Class Action
17 Settlement. The Court finds that the notice provided to Class Members provided due and
18 adequate notice ofthe proceedings and the matters set forth therein, and that it fully satisfied the
19 requirements of law and due process.
20 4. Plaintiffs’ Motion for Final Approval ofClass Action Settlement, as set forth in
21 the Settlement signed by the parties in March of 2008, is granted.
22 5. In granting final approval, the Court finds that the Settlement reached between the
23 Parties is fair, reasonable, and adequate. In making this determination, the Court has considered;
24 (a) the strengths and weaknesses in Plaintiffs’ case; (b) the risks, expense, complexity, and likely
25 duration of further litigation; (c) the risks to Plaintiffs ofestablishing and maintaining class
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27 [Proposed] Order Granting Final Approval of Class Action
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1 action status; (d) the extent of both formal and informal discovery that has been conducted by the
2 Parties; (e) the views ofthe Parties’ counsel, all of whom are experienced in complex class
3 action litigation of this nature; (f) the terms ofthe Settlement; (g) the absence of objectors to the
4 proposed Settlement; and (h) the non—conclusive, arms-length negotiations by the Parties.
5 6. For purposes of this Order. and consistent with the Settlement, the Class is hereby
6 certified for settlement purposes pursuant to Rule 23 ofthe Federal Rules of Civil Procedure and
7 under section l6(b) of the Fair Labor Standards Act, 29 U.S.C. § 216(b).
8 7, The Class Representatives and all Class Members who filed a Consent to loin
9 Settlement and Claim Form are deemed to have forever released and discharged the Class
10 Members’ Released Federal Law Claims and the Class Members’ Released State Law Claims as
1 1 set forth in the Settlement.
12 8. As ofthe Settlement liflective Date, the Class Representatives and all Class
13 Members who did not file Exclusion Forms are hereby forever barred and enjoined from
14 commencing, prosecuting, or continuing to prosecute, either directly or indirectly, against
15 Schwab, in this or in any jurisdiction or forum any of the Class Members’ Released State Law
16 Claims as set forth in the Settlement.
17 9. The Settlement does not constitute an admission or concession by Schwab, nor
18 does this Order constitute any finding of any kind as to the validity of any claims asserted in the
19 Action or of any wrongdoing on the part ofSchwab. Furthermore, the Settlement shall not be
20 used in any way or for any purpose as an admission of any fault, omission, or wrongdoing on the
21 part of Schwab.
22 10. This Court hereby dismisses this Action on the merits and with prejudice.
23 Without affecting the finality of this Order in any way, the Court hereby retains continuing
24 jurisdiction over the Settlement to ensure its proper administration. The Court may enter
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27 [Proposed] Order Granting Final Approval of Class Action
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1 additional orders to effectuate the fair and orderly administration of the Settlement as may from
2 time to time be appropriate.
3 ITIS SO ORDERIQI).
4 SCM s riii c2WrC_rr_ _iiirs 222 irir 2, i r_ r riri _ 22w to rr_ it
5 Dated: ____y __,_ y___ yryyyy y___ _2i__ ,ii,ii. __r_i_T ri.iiii é iiii ,riii 2 i
Honorable Claudia Wilken
6 United States District Judge
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