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Gragg v. Orange Cab Co., Inc.

United States District Court, W.D. Washington

March 28, 2017

TORREY GRAGG, on his own behalf and on behalf of similarly situated persons, Plaintiff,
v.
ORANGE CAB COMPANY, INC., a Washington corporation; and RIDECHARGE, INC., a Delaware corporation d/b/a TAXI MAGIC, Defendants.

          AMENDED ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

          ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE

         Based upon the parties' stipulation and this Court's order clarifying the claim form deadline, Dkt. ## 203, 204, the Court enters this amended order granting preliminary approval of the class action settlement.

         Having reviewed the Motion and supporting materials, the Court determines and orders as follows:

A. Counsel have advised the Court that the Parties have agreed, subject to final approval by this Court following notice to the proposed Settlement Class and a hearing, to settle this Action on the terms and conditions set forth in the Settlement Agreement and Release of Claims (the “Agreement”).
B. The Court has reviewed the Agreement, as well as the files, records, and proceedings to date in this matter. The terms of the Agreement are hereby incorporated as though fully set forth in this Order. Capitalized terms shall have the meanings attributed to them in the Agreement.
C. Based upon preliminary examination, it appears to the Court that the Agreement is sufficiently fair, reasonable, and adequate to warrant notice to the proposed Settlement Class; that the Settlement Class should be certified for settlement purposes; and that the Court should hold a hearing after notice to the Settlement Class to determine whether to enter a Settlement Order and Final Judgment in this action, based upon that Agreement.

         Based upon the foregoing, the Court finds and concludes as follows:

         1. Preliminary Approval of Proposed Settlement. The Agreement, including all exhibits thereto, is preliminarily approved as fair, reasonable, and adequate. The Court finds that (a) the Agreement resulted from extensive arm's-length negotiations, with participation of an experienced mediator, and (b) the Agreement is sufficient to warrant notice thereof to members of the Settlement Class and the Settlement Hearing described below.

         2. Class Certification for Settlement Purposes Only.

(a) Pursuant to Fed.R.Civ.P. 23(b)(3), the Court, for settlement purposes only, conditionally certifies the following Settlement Class:
All persons or entities who received at least one Orange Cab dispatch notification text message on their cellular telephone from RideCharge.
(b) In connection with the certification, the Court makes the following preliminary findings:
(1) The Settlement Class satisfies Fed.R.Civ.P. 23(a)(1) because the Settlement Class appears to be so numerous that joinder of all members is impracticable;
(2) The Settlement Class satisfies Fed.R.Civ.P. 23(a)(2) because there appear to be questions of law or fact common to the Settlement Class;
(3) The Settlement Class satisfies Fed.R.Civ.P. 23(a)(3) because the claims of the Representative Plaintiff named in the caption ...

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