Free Proposed Order - District Court of California - California

Case 4:07-cv—02828-CW Document 56 Filed 08/18/2008 Page 1 of 3
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8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
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LINDA YOUNG, lV[IKE SAFAIE, and Case N0. C 07:2828 CW _
11 JANICE KEVARI individually and on behalf ·
12 of all others similarly situated, [PROPOSED] ORDER GRANTING
FINAL APPROVAL OF CLASS
13 Plaintiff. ACTION SETTLEMENT AND
JUDGMENT THEREON
14 v.
15 CHARLES SCHWAB & CO., INC. Honorable Claudia Wilken
16 Defendant.
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19 On August 21, 2008, the Court heard plaintiffs’ unopposed motion for final
20 approval of the class action settlement ("Settlernent") in the above-captioned action. After
21 reviewing plaintiffs’ briefs, and after hearing arguments of counsel, the Court finds and orders as
22 follows:
23 1. For the purposes of this Order, the Court adopts all defined terms as set forth in
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the Joint Stipulation of Settlement and Release ("Stipulation"), previously filed with this Court
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on March 5, 2008 (Docket No. 33).
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[PROPOSED] ORDER GRANTING FINAL APPROVAL OF
CLASS ACTION SETTLEMENT AND JUDGMENT THEREON —
Case N0. C 07:2828 CW

Case 4:07-cv—02828-CW Document 56 Filed 08/18/2008 Page 2 of 3
1 2. This Court has jurisdiction over the subject matter of this litigation and over all
2 parties and Class Members in this litigation.
3 3. The Court finds that the distribution of the Notice of Class Action Settlement as
4 provided in the Stipulation constituted the best notice practicable under the circumstances and
5 fully met the requirements of due process.
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4. The Court frnds that no Class Members have objected to the Settlement. Only 27
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Class Members, representing approximately .032% of the Class, have timely requested exclusion
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9 from the Settlement. Approximately 71.16% of the Class Members have filed claims, and Class
10 Members worked approximately 84.59% of the total weeks worked by Class Members prior to
1 1 reclassification to non-exempt status. Accordingly, the Court finds that the Class views the
1 2 Settlement favorably.
13 5. The Court finds that the Settlement was the product of protracted, arm’s—length
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negotiations between experienced counsel, facilitated by a respected mediator. After
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considering the defendant’s exposure, the plaintiffs’ likelihood of success on their claims, the
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1 7 risk, expense, complexity, and delay associated with further litigation, the risk of maintaining
18 class certification through trial, the experience and views of Class Counsel, and the reaction of
19 the Class to the Settlement, as well as other relevant factors, the Court finds that the Settlement
20 is fair, reasonable, and in the best interests of the Class and hereby grants final approval of the
2 1 Settlement. Plaintiffs and defendant are ordered to carry out the Settlement as provided in the
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Stipulation and claims against the defendant are dismissed and are released pursuant to the terms
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of the Stipulation.
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25 ’ A
26 Dated:
Honorable Claudia Wilken
27 United States District Court
Northern District of California
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[PROPOSED] ORDER GRANTING FINAL APPROVAL OF
CLASS ACTION SETTLEMENT AND JUDGMENT THEREON `
Case No. C 07:2828 CW

Case 4:07-cv—02828-CW Document 56 Filed 08/18/2008 Page 3 of 3
1 PROOF OF SERVICE
Linda Young and Mike Safaie, et al. v. Charles Schwab & C0., Inc
2 United States District Court, Northern District of California
Case N0. C-07:2828 CW
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I, the undersigned, declare as follows: `
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I am employed in the County of Washoe, State of Nevada.
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I am over the age of eighteen (18) years and not a party to the within action; my business address
6 is 18124 Wedge Parkway, #503, Reno Nevada, 89511.
7 On August 18, 2008, I served the foregoing docu1nent(s) described as:
8 1. [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS
ACTION SETTLEMENT AND JUDGMENT THEREON
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on all interested parties in this action addressed to the addressee as follows:
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Diana Tabacopolous
11 SEYEARTH SHAW LLP
One Century Plaza, Suite 3300
12 2029 Century Park East
Los Angeles, CA 90067-3063 8
13 [email protected]
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Q By CM/ECF. I electronically transmitted the attached document to the Clerl<’s Office using
15 the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the above
CM/ECF registrant(s).
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I declare under penalty of perjury under the laws of the State of Californiathat the above
17 is true and correct.
18 Executed on August 18, 2008, at Reno, Nevada.
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/s/ Jennifer Smith
20 Jennifer Smith
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PROOF OF SERVICE

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