United States District Court, W.D. Washington
KEVIN HELDE, JON BODILY, and MAX TENA, on their own behalf and on the behalf of all others similarly situated, Plaintiffs,
KNIGHT TRANSPORTATION, INC., an Arizona corporation, Defendant.
TERRELL MARSHALL LAW GROUP PLLC Toby J. Marshall, Hardeep S.
Rekhi REKHI & WOLK, P.S. Attorneys for Plaintiffs and
ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT
HONORABLE ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE
the Parties have entered into a Class Action Settlement
Agreement and Release (the “Settlement
Agreement”),  which sets forth the terms and conditions
of the settlement and release of claims against Defendant
Knight Transportation, Inc., the Court having reviewed and
considered the Settlement Agreement and all of the filings,
records, and other submissions; the Court finds upon a
preliminary examination that the Agreement appears fair,
reasonable, and adequate, and that a hearing should and will
be held after notice to the Settlement Class in order to
confirm that the Settlement is fair, reasonable, and
adequate, and to determine whether the Settlement Agreement
should be finally approved pursuant to the terms and
conditions set forth in the Settlement Agreement
(“Final Approval Hearing”).
THE COURT FINDS AND CONCLUDES AS FOLLOWS:
1. Unless otherwise provided herein, all capitalized terms in
this Order shall have the same meaning as set forth in the
Settlement Agreement attached as Exhibit 1 to the
Declaration of Toby J. Marshall in Support of Preliminary
2. This Court has jurisdiction over the subject matter of
this Action and personal jurisdiction over the Parties and
the Settlement Class.
3. The Court finds that (a) the Settlement Agreement resulted
from extensive arm's-length negotiations, with
participation of an experienced mediator, and (b) the
Settlement Agreement is sufficient to warrant notice thereof
to members of the Settlement Class and the Final Approval
Hearing described below.
4. The Settlement Class includes all current and former
Washington-based drivers whom Defendant identified as Class
Members in this action, all of whom are listed in Exhibit A
of the Settlement Agreement. The Settlement Class will not
include any persons who validly request exclusion from the
5. The Court has previously appointed Kevin Helde, Jon
Bodily, and Max Tena as Class Representatives and finds that
for settlement purposes, the Class Representatives have and
(in the case of Mr. Helde and Mr. Bodily) will continue to
fairly and adequately protect the interests of the Settlement
6. The Court has previously appointed Rekhi & Wolk, P.S.
and the Terrell Marshall Law Group PLLC as Class Counsel and
finds that for settlement purposes, Class Counsel have and
will fairly and adequately protect the interests of the
7. The Court preliminarily finds that the Settlement
Agreement is fundamentally fair, adequate, and reasonable 8.
The Court appoints CPT Group as the Settlement Administrator,
who shall fulfill the functions, duties, and responsibilities
of the Settlement Administrator as set forth in the
Settlement Agreement and this Order.
9. The Court approves the proposed forms of notice and notice
plan for giving direct notice to the Settlement Class by U.S.
Mail as set forth in Section II.H of the Settlement Agreement
and its attached exhibits (“Notice Plan”). The
Notice Plan, in form, method, and content, fully complies
with the requirements of Rule 23 and due process, constitutes
the best notice practicable under the circumstances, and is
due and sufficient notice to all persons entitled thereto.
The Court finds that the Notice Plan is reasonably calculated
under all circumstances to reasonably apprise the persons in
the Settlement Class of the pendency of this Action, the
terms of the Settlement Agreement, and the right to object to
the Settlement and to exclude themselves from the Settlement
10. Pursuant to the Settlement Agreement, the Settlement
Administrator shall provide individual notice via U.S. Mail
to the most recent mailing address as reflected in
Defendant's records no later than ten (10) days after
entry of this Order.
11. Defendant shall bear all notice and settlement
administration fees and costs in accordance with the