United States District Court, W.D. Washington
CHRISTINA PASCUAL, on her own behalf and on behalf of a CLASS OF SIMILARLY SITUATED EMPLOYEES OF DEFENDANT,
ZIRX CONSUMER SERVICES, INC., a California corporation, Defendant. Plaintiffs,
JUDGMENT AND FINAL APPROVAL ORDER
connection with granting preliminary approval to a class-wide
Settlement reached in the within action, the Court scheduled
a fairness hearing for August 22, 2017. The Court directed
Plaintiff to file a motion for final approval by July 7,
2017. The Court also directed Plaintiff to file a motion for
approval of any fee and expense award, as well as any
incentive payment to Plaintiff, by July 7, 2017, to be heard
at the same time as the motion for final approval.
timely filed a “Motion for Final Approval of
Class-Action Settlement and for Approval of Attorney's
Fees, Costs, and Incentive Award, ” (“Motion for
Approval”) which came on for hearing in the courtroom
of the above-captioned Court, Suite 16206, of the United
States District Court, Western District of Washington, on
August 22, 2017. Having read all of the papers filed in
connection therewith, and having considered all of the
evidence and argument submitted with respect to the proposed
Settlement, the Court finds that the proposed Settlement is
fair, reasonable, and adequate. IT THEREFORE IS
ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
1. The Court has jurisdiction over the subject matter of the
Lawsuit, all claims raised therein, the Parties, and the
2. The Motion for Final Approval is granted. For the purpose
of the Settlement only, the Court finds that certification of
the Class is appropriate because the Class is ascertainable
and sufficiently numerous, a well-defined community of
interest exists, and there are substantial benefits from
certification that render proceeding on a class-wide basis
superior to any alternatives. Furthermore, as set forth
below, the Court finds that the terms of the Stipulation of
Settlement are fair and reasonable to the Class when balanced
against the probable outcome of further litigation relating
to class certification, liability and damage issues, and
potential appeals. In addition, the Court finds that Class
Counsel is experienced in wage-and-hour class-action
litigation; significant investigation was undertaken, and
significant information was exchanged, enabling Plaintiff and
Defendant to reasonably evaluate one another's positions;
approving the Settlement will avoid the substantial costs,
delay, and risks that would be presented by further
litigation; and the terms of the Settlement were the result
of intensive, serious, and non-collusive negotiations between
Plaintiff and Defendant. Upon the Effective Date, all
Participating Class Members therefore shall have released the
Released Parties from the class released claims.
3. The Settlement Class consists of all persons who entered
into independent contractor agreements with Zirx Consumers
Services, worked as a Parking Agent more than 40 hours in any
work week (“Overtime”) during the period June 1,
2015 through October 31, 2015. The Court finds that no Class
Members submitted objections to the Settlement Agreement.
These findings support final approval of the Settlement.
4. Under the terms of the Settlement, Defendant has agreed to
pay each Participating Class Member who finely submits a
Claim Form one-half of each Participating Class Member's
hourly rate for each hour of Overtime worked during the Class
Period. In addition, Defendant has agreed to separately pay
Class counsel's fees and costs not to exceed $45, 000 and
an incentive payment to Plaintiff not to exceed $1, 000, both
of which are subject to approval by the Court. Defendant has
further agreed to separately pay the costs of administrating
this Class Settlement incurred by Settlement Services Inc.
5. The Court finds that the Settlement Administrator
delivered Notice Packets to the Class following the
procedures set forth in the Settlement; that the Notice
Packets and the procedures followed by the Settlement
Administrator constituted the best notice practicable under
the circumstances; and that the Notice Packets and the
notification procedures contemplated by the Stipulation of
Settlement were in full compliance with the laws of the
United States and State of Washington and (to the extent
applicable), and the requirements of due process. Further,
the Court finds that 97 Settlement Class Members timely
submitted Claim Forms. These findings support final approval
of the Settlement.
6. Under the Stipulation of Settlement, Plaintiff is
permitted to seek up to $1, 000.00 from the Maximum
Settlement Amount for an incentive-award Service Payment.
Plaintiff has requested that amount. The Court finds that
this amount is fair and reasonable in light of the work that
she provided in the Lawsuit; the results that were obtained
under the Stipulation of Settlement; and the risks that she
incurred in prosecuting the Lawsuit. The Court further finds
that this amount is fair and reasonable because Plaintiff
herself has agreed to a general release that extends beyond
the Class Released Claims applicable to Participating Class
Members, and because this amount comports with incentive
awards made in other wage-and-hour class-action settlements.
Accordingly, the Court approves that amount as an incentive
payment, and, upon the Effective Date, Plaintiff therefore
shall be subject to the general release set forth in the
7. Under the Stipulation of Settlement, Class Counsel is
permitted to seek up to a total of $45, 000 in attorney's
fees and costs. Class Counsel has requested $44, 201.24 in
attorney's fees and $798.76 in actual costs and expenses.
The Court finds that these amounts are reasonable.
Accordingly, the Court approves those amounts.
8. Under the Stipulation of Settlement, the Settlement
Administrator is to be paid its reasonably incurred fees and
expenses from the Maximum Settlement Amount for the
Administration Costs of the Settlement. The Settlement
Administrator has requested $10, 275 for its fees and
expenses. The Court finds that this amount is reasonable.
Accordingly, the Court approves that amount as the
Administration Costs of the Settlement.
9. Except as otherwise provided herein, the Parties shall
bear their own costs and attorney's fees.
10. Upon the Effective Date, each Participating Class Member
shall have released the Released Parties from the class
released claims. Accordingly, the Court hereby permanently
enjoins any Participating Class Members from filing or
prosecuting any claims, suits, or administrative proceedings
for any of the class released claims against any of the
11. Without affecting the finality of this Final Approval
Order and Judgment, the Court retains jurisdiction over the
Lawsuit, the Parties, and the Participating Class Members for
purposes of supervising, implementing, enforcing, construing,
administering, and interpreting the Stipulation of
Settlement, as well as any matters related or ancillary to
IS SO ORDERED, ...