Common use of IT IS HEREBY ORDERED Clause in Contracts

IT IS HEREBY ORDERED. 6 1. The Court grants preliminary approval of the Settlement based upon the terms set 7 forth in the Class Action and PAGA Settlement Agreement (“Agreement”) attached as Exhibit #1 8 to the Declaration of ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ in Support of Plaintiffs’ Motion for Preliminary Approval 9 of Class Action Settlement [ROA # ]. This is based on the Court’s determination that the 10 Settlement set forth in the Agreement is within the range of possible final approval, pursuant to the 11 provisions of Section 382 of the California Code of Civil Procedure and California Rules of Court, 12 rule 3.769. This Order incorporates by reference the definitions in the Agreement, and all terms 13 defined therein shall have the same meaning in this Order as set forth in the Agreement. 14 Capitalized terms herein shall have the definitions set forth in the Agreement. 15 2. Defendant has agreed to pay an “all in” amount of Two Million Seven Hundred 16 Thousand Dollars ($2,700,000) (the “Gross Settlement Amount”) to fund the settlement of the 17 Action It appears to the Court on a preliminary basis that the Settlement is fair, adequate and 18 reasonable to the Class. It further appears that investigation and research have been conducted 19 such that counsel for the Parties are able to reasonably evaluate their respective positions. It 20 further appears to the Court that settlement at this time will avoid substantial additional costs by 21 all Parties, as well as avoid the delay and risks that would be presented by the further prosecution 22 of the Action. It further appears that the Settlement has been reached as the result of serious and 23 non-collusive, arms-length negotiations after mediation with a respectable mediator, ▇▇▇. ▇▇▇▇▇

Appears in 1 contract

Sources: Class Action and Paga Settlement Agreement

IT IS HEREBY ORDERED. 6 4 1. The Court grants preliminary approval of the Settlement based upon the terms set 7 forth in preliminarily approves the Class Action and PAGA Settlement Agreement 5 (“Agreement”) attached as Exhibit #1 8 to the Declaration of ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ in Support of Plaintiffs’ 6 Plaintiff’s Motion for Preliminary Approval 9 of Class Action Settlement [ROA # ]Settlement. This is based on the 7 Court’s determination that the 10 Settlement set forth in the Agreement is preliminarily within the 8 range of possible final approval, subject to final approval by the Court pursuant to the 11 provisions of 9 Section 382 of the California Code of Civil Procedure and California Rules of Court, 12 rule 3.769. 10 2. This Order incorporates by reference the definitions in the Agreement, and all 11 terms 13 defined therein shall have the same meaning in this Order as set forth in the Agreement. 14 Capitalized terms herein shall have the definitions set forth in the Agreement. 15 212 3. Defendant has agreed to pay an “all in” amount of Two The Gross Settlement Amount is One Million Seven Six Hundred 16 Thousand Dollars 13 ($2,700,000) (the “Gross Settlement Amount”) to fund the settlement of the 17 Action 1,600,000). It appears to the Court on a preliminary basis that the Settlement is settlement amount and terms 14 are fair, adequate and 18 reasonable as to all potential Class Members when balanced against the Class15 probable outcome of further litigation and the significant risks relating to certification, liability and 16 damages issues. It further appears that investigation and research have been conducted 19 such that 17 counsel for the Parties are able to reasonably evaluate their respective positions. It 20 further appears 18 to the Court that settlement at this time will avoid substantial additional costs by 21 all Parties, as well as avoid the delay and risks that would be presented by the further prosecution 22 of the Action. It further appears that the Settlement has been reached as the result of serious and 23 non-collusive, arms-length negotiations after mediation with a respectable mediator, ▇▇▇. ▇▇▇▇▇as

Appears in 1 contract

Sources: Class Action Settlement Agreement

IT IS HEREBY ORDERED. 6 4 1. The Court grants preliminary approval of the Settlement based upon the terms set 7 forth in preliminarily approves the Class Action and PAGA Settlement 5 Agreement (“Agreement”) attached as Exhibit #1 8 to the Declaration of ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ in 6 Support of Plaintiffs’ Motion for Preliminary Approval 9 of Class Action Settlement [ROA # ]Settlement. This is based 7 on the Court’s determination that the 10 Settlement set forth in the Agreement is within the range of 8 possible final approval, pursuant to the 11 provisions of Section 382 of the California Code of Civil 9 Procedure and California Rules of Court, 12 rule 3.769. 10 2. This Order incorporates by reference the definitions in the Agreement, and all 11 terms 13 defined therein shall have the same meaning in this Order as set forth in the Agreement. 14 Capitalized terms herein shall have the definitions set forth in the Agreement. 15 212 3. The Total Settlement Amount that Defendant has agreed to shall pay an “all in” amount of is Two Million Seven Hundred 16 Thousand Dollars 13 ($2,700,000) (the “Gross Settlement Amount”) to fund the settlement of the 17 Action 2,000,000). It appears to the Court on a preliminary basis that the Settlement is settlement amount and terms 14 are fair, adequate and 18 reasonable as to all potential Class Members when balanced against the Class15 probable outcome of further litigation and the significant risks relating to certification, liability and 16 damages issues. It further appears that investigation and research have been conducted 19 such that 17 counsel for the Parties are able to reasonably evaluate their respective positions. It 20 further appears 18 to the Court that settlement at this time the Settlement will avoid substantial additional costs by 21 all Parties, as well as 19 avoid the delay and risks that would be presented by the further prosecution 22 of the Action. It 20 further appears that the Settlement has been reached as the result of serious and 23 non-collusive, 21 arms-length negotiations after mediation with negotiations. 22 4. The Court preliminarily finds that the Settlement appears to be within the range of 23 reasonableness of a respectable mediatorsettlement that could ultimately be given final approval by this Court. The 24 Court has reviewed the monetary recovery that is being granted as part of the Settlement and 25 preliminarily finds that the monetary settlement awards made available to the Class is fair, ▇▇▇26 adequate, and reasonable when balanced against the probable outcome of further litigation and the 27 significant risks relating to certification, liability, and damages issues. 1 5. ▇▇▇▇▇The Agreement specifies for an attorneys’ fees award not to exceed one-third of the 2 Total Settlement Amount, an award of litigation expenses incurred, not to exceed $20,000, and 3 proposed Class Representative Service Payments to the two Plaintiffs in an amount not to exceed 4 $12,500 each. The Court will not approve the amount of attorneys' fees and costs, nor the amount 5 of any service award, until the Final Approval Hearing. Plaintiffs will be required to present 6 evidence supporting these requests, including lodestar, prior to final approval. 7 6. The Court recognizes that Plaintiffs and Defendant stipulate and agree to 8 representative treatment and certification of a class for settlement purposes only. This stipulation 9 will not be deemed admissible in this or any other proceeding should this Settlement not become 11 both the California Class and the FCRA Class. The California Class is defined as all individuals 12 who were employed by Defendant in California and classified as non-exempt at any time during 13 the California Class Period. The “California Class Period” is from August 11, 2018 through July 14 28, 2023. The FCRA Class is defined as all individuals who applied to work for Defendant who 15 were classified as either exempt or non-exempt in the United States during the FCRA Class Period 16 for whom background checks were run using the same federal FCRA form as that contained on 18 2020 through December 9, 2022. 19 7. The Court concludes that, for settlement purposes only, the Class meets the 20 requirements for certification under section 382 of the California Code of Civil Procedure in that: (a) the Class is ascertainable and so numerous that joinder of all members of the Class is

Appears in 1 contract

Sources: Class Action Settlement Agreement

IT IS HEREBY ORDERED. 6 9 1. The Court grants preliminary approval of the Settlement based upon the terms set 7 forth in preliminarily approves the Class Action and PAGA Settlement 10 Agreement (“Agreement”) attached submitted as Exhibit #1 8 to the Declaration of ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ in 11 Support of Plaintiffs’ Plaintiff’s Motion for Preliminary Approval 9 of Class Action Settlement [ROA # ]Settlement. This 12 preliminary approval is based on the Court’s determination that the 10 Settlement set forth in the 13 Agreement is within the range of possible final approval, pursuant to the 11 provisions of Section section 382 14 of the California Code of Civil Procedure and California Rules of Court, 12 rule 3.769. 15 2. This Order incorporates by reference the definitions in the Agreement, and all 16 terms 13 defined therein shall have the same meaning in this Order as set forth in the Agreement. 14 Capitalized terms herein shall have the definitions set forth in the Agreement. 15 217 3. Defendant has agreed to pay an “all in” amount of Two The Gross Settlement Amount is Three Million Seven Eight Hundred 16 Thousand Dollars 18 ($2,700,000) (the “Gross Settlement Amount”) to fund the settlement of the 17 Action 3,800,000). It appears to the Court on a preliminary basis that the Settlement is settlement amount and terms 19 are fair, adequate and 18 reasonable as to all potential Class Members when balanced against the Class20 probable outcome of further litigation and the significant risks relating to certification, liability and 21 damages issues. It further appears that investigation and research have been conducted 19 such that 22 counsel for the Parties are able to reasonably evaluate their respective positions. It 20 further appears 23 to the Court that settlement at this time will avoid substantial additional costs by 21 all Parties, as 24 well as avoid the delay and risks that would be presented by the further prosecution 22 of the Action. It further appears that the Settlement has been reached as the result of serious and 23 non-collusive, arms-length negotiations after mediation with a respectable mediator, ▇▇▇. ▇▇▇▇▇.

Appears in 1 contract

Sources: Class Action and Paga Settlement Agreement

IT IS HEREBY ORDERED. 6 11 1. The Court grants preliminary approval of the Settlement based upon the terms set 7 forth in preliminarily approves the Class Action and PAGA Settlement Agreement 12 (“Settlement Agreement” or “Agreement”) attached as Exhibit #1 8 to the Declaration of ▇▇▇▇▇13 ▇▇▇▇▇▇▇▇▇▇ in Support of Plaintiffs’ Motion for Preliminary Approval 9 of Class Action Settlement [ROA # ]Settlement. 14 This is based on the Court’s determination that the 10 Settlement set forth in the Agreement is within the range of 15 possible final approval, pursuant to the 11 provisions of Section 382 of the California Code of Civil 16 Procedure and California Rules of Court, 12 rule 3.769. 17 2. This Order incorporates by reference the definitions in the Agreement, and all 18 terms 13 defined therein shall have the same meaning in this Order as set forth in the Agreement. 14 Capitalized terms herein shall have the definitions set forth in the Agreement. 15 219 3. The Gross Common Fund that Defendant has agreed to shall pay an “all in” amount of is Two Million Seven Hundred 16 Thousand Dollars 20 ($2,700,000) (the “Gross Settlement Amount”) to fund the settlement of the 17 Action 2,000,000.00). It appears to the Court on a preliminary basis that the Settlement is settlement amount and 21 terms are fair, adequate and 18 reasonable as to all potential Class Members when balanced against 22 the Classprobable outcome of further litigation relating to certification, liability and damages issues. It 23 further appears that investigation and research have been conducted 19 such that counsel for the 24 Parties are able to reasonably evaluate their respective positions. It 20 further appears to the Court 25 that settlement at this time will avoid substantial additional costs by 21 all Parties, as well as avoid 26 the delay and risks that would be presented by the further prosecution 22 of the ActionLitigation. It further appears that the Settlement has been reached as the result of serious and 23 non-collusive, arms-length negotiations after mediation with a respectable mediator, ▇▇▇. ▇▇▇▇▇27

Appears in 1 contract

Sources: Class Action Settlement Agreement

IT IS HEREBY ORDERED. 6 9 1. The Court grants preliminary approval of the Settlement based upon the terms set 7 forth in preliminarily approves the Class Action and PAGA Settlement 10 Agreement (“Agreement”) attached submitted as Exhibit #1 8 to the Declaration of ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ in 11 Support of Plaintiffs’ Plaintiff’s Motion for Preliminary Approval 9 of Class Action Settlement [ROA # ]Settlement. This 12 preliminary approval is based on the Court’s determination that the 10 Settlement set forth in the 13 Agreement is within the range of possible final approval, pursuant to the 11 provisions of Section section 382 14 of the California Code of Civil Procedure and California Rules of Court, 12 rule 3.769. 15 2. This Order incorporates by reference the definitions in the Agreement, and all 16 terms 13 defined therein shall have the same meaning in this Order as set forth in the Agreement. 14 Capitalized terms herein shall have the definitions set forth in the Agreement. 15 217 3. Defendant has agreed to pay an “all in” amount of The Gross Settlement Amount is One Million Two Million Seven Hundred 16 Thousand Dollars 18 ($2,700,000) (the “Gross Settlement Amount”) to fund the settlement of the 17 Action 1,200,000). It appears to the Court on a preliminary basis that the Settlement is settlement amount and terms 19 are fair, adequate and 18 reasonable as to all potential Class Members when balanced against the Class20 probable outcome of further litigation and the significant risks relating to certification, liability and 21 damages issues. It further appears that investigation and research have been conducted 19 such that 22 counsel for the Parties are able to reasonably evaluate their respective positions. It 20 further appears 23 to the Court that settlement at this time will avoid substantial additional costs by 21 all Parties, as 24 well as avoid the delay and risks that would be presented by the further prosecution 22 of the Action. It further appears that the Settlement has been reached as the result of serious and 23 non-collusive, arms-length negotiations after mediation with a respectable mediator, ▇▇▇. ▇▇▇▇▇.

Appears in 1 contract

Sources: Class Action and Paga Settlement Agreement