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Gragg v. Orange Cab Company, Inc.

United States District Court, W.D. Washington, Seattle

October 5, 2017

TORRE Y 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.

          DAVIS WRIGHT TREMAINE LLP ATTORNEYS FOR DEFENDANT RIDECHARGE, INC. BY KENNETH E. PAYSON, JAIME DROZD ALLEN, JAMES HARLAN CORNING, JORDAN A. CLARK

          LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS FOR DEFENDANT ORANGE CAB, INC. BY BENJAMIN A. STONE, JOHN T. BENDER,

          HKM ATTORNEYS ATTORNEYS FOR PLAINTIFF BY DONALD W. HEYRICH, STEWART STREET, ALBERT H. KIRBY, SOUND JUSTICE LAW GROUP PLLC

          [PROPOSED] SETTLEMENT ORDER AND FINAL JUDGMENT

         SETTLEMENT ORDER AND FINAL JUDGMENT

         THIS MATTER came before the Court on Representative Plaintiffs motion for final approval of the proposed class settlement (the "Settlement"). The Court has considered all papers filed and proceedings in this matter and is fully informed regarding the facts surrounding the proposed Settlement. Based upon this information, the Court has determined to approve the proposed Settlement as fair, reasonable and adequate. The Court hereby enters this Settlement Order and Final Judgment ("Final Judgment"), which constitutes a final adjudication on the merits of all claims of the Settlement Class.

         On March 1, 2017, this Court granted preliminary approval to the proposed Settlement between Representative Plaintiff and Defendants Orange Cab Co., Inc. and RideCharge, Inc. (collectively, "Defendants"). Dkt. No. 202. On March 28, 2017, the Court issued an Amended Order Granting Prehminary Approval of Class Action Settlement. Dkt. No. 205. The proposed Settlement resolves all of the Settlement Class's claims against Defendants in exchange for Defendants' agreement to provide certain monetary and non-monetary relief to Settlement Class Members as set forth in the Agreement.

         On October 5, 2017, this Court held a Settlement Hearing to consider whether to grant final approval to the Settlement and to consider Class Counsel's application for an award of attorneys' fees and costs ("Fee Application"), and Service Award to the Representative Plaintiff. The Court heard argument from counsel and any others who elected to appear to voice their support for, or objection to, the Settlement and/or the Fee Application.

         Having read, reviewed and considered the papers filed in support of and in opposition to final approval of the Settlement, including supporting declarations; oral arguments of counsel and presentations by members of the Class who appeared at the hearing; Class Counsel's Fee Application; the Agreement; and the pleadings, the Court finds and concludes as follows:

         1. Definitions, The definitions and provisions of the Settlement Agreement and Release of Claims (the "Agreement") are incorporated in this Final Judgment as though fully set forth herein.

         2. Jurisdiction. This Court, has jurisdiction over the subject matter of the Agreement with respect to and over all parties to the Agreement, including Representative Plaintiff and all members of the Settlement Class.

         3. Settlement Approval. The Court hereby grants final approval to the Settlement and finds the Settlement is, in all respects, fair, reasonable, and adequate, and in the best interests of the Settlement Class. The Court finds the Settlement is within the authority of the parties and the result of extensive arm's length negotiations with the guidance of an experienced mediator.

         4. Class Certification. This Court confirms the proposed Settlement Class satisfies the requirements of Fed.R.Civ.P. 23, as found in the Court's Order Granting Preliminary Approval of Class Action Settlement ("Preliminary Approval Order"). Accordingly, this Court makes final the conditional class certification set forth in the Preliminary Approval Order.

         5. Exclusion from Settlement Class. No members of the Settlement Class have timely requested to be excluded from the Class and the Settlement.

         6. Objections Overruled. No members of the Settlement Class ...


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