United States District Court, W.D. Washington, Seattle
TORRE Y GRAGG, on his own behalf and on behalf of similarly situated persons, Plaintiff,
ORANGE CAB COMPANY, INC., a Washington corporation; and RIDECHARGE, INC., a Delaware corporation d/b/a TAXI MAGIC, Defendants.
WRIGHT TREMAINE LLP ATTORNEYS FOR DEFENDANT RIDECHARGE, INC.
BY KENNETH E. PAYSON, JAIME DROZD ALLEN, JAMES HARLAN
CORNING, JORDAN A. CLARK
BRISBOIS BISGAARD & SMITH LLP ATTORNEYS FOR DEFENDANT
ORANGE CAB, INC. BY BENJAMIN A. STONE, JOHN T. BENDER,
ATTORNEYS ATTORNEYS FOR PLAINTIFF BY DONALD W. HEYRICH,
STEWART STREET, ALBERT H. KIRBY, SOUND JUSTICE LAW GROUP PLLC
[PROPOSED] SETTLEMENT ORDER
AND FINAL JUDGMENT
ORDER AND FINAL JUDGMENT
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.
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.
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.
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:
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.
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.
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.
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.
Exclusion from Settlement Class. No
members of the Settlement Class have timely requested to be
excluded from the Class and the Settlement.
Objections Overruled. No members of
the Settlement Class ...