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.
FINAL JUDGMENT AND ORDER OF DISMISSAL
Robert S. Lasnik, United States District Judge.
Motion for Final Approval of Class Action Settlement came
before this Court on a hearing on October 19, 2017. The above
captioned Action is a class action lawsuit brought by
Plaintiffs Kevin Helde, Jon Bodily, and Max Tena
(“Plaintiffs”) against Knight Transportation,
Inc. (“Knight”) (collectively the
“Parties”). Plaintiffs allege that Knight
willfully failed to pay Plaintiffs and a certified Class of
employee drivers (“Class”) for wage and hour
abuses in violation of Washington law. Knight denies any and
all wrongdoing, and denies any liability to the Plaintiffs or
to members of the Class.
24, 2017, this Court entered an Order Granting Preliminary
Approval of Settlement. That Order directed the Settlement
Administrator to provide Notice to the Class, which informed
Class members of: (a) the proposed Settlement, and the
Settlement's key terms; (b) the date, time, and location
of the Final Approval Hearing; and (c) the right of any Class
Member to opt out of or object to the proposed Settlement,
and an explanation of the procedures to exercise those
Court, upon Notice having been given as required in the
Preliminary Approval Order, and having considered the
proposed Settlement Agreement, as well as all papers filed,
hereby ORDERS, ADJUDGES AND DECREES AS FOLLOWS:
1. This Court has jurisdiction over this matter and over all
Parties, including all members of the Settlement Class.
2. This Court confirms the proposed Settlement Class
satisfies the requirements of Fed.R.Civ.P. 23, as found in
the Court's Order Granting Class Certification (Dkt. #
95), Order Reinstating Plaintiffs' Rest Break Claim and
Certifying Class (Dkt. # 124), and the Order Granting
Preliminary Approval of Class Action Settlement (Dkt. # 191),
and finds that the Settlement Class is properly certified as
a class for settlement purposes.
3. The Notice provided to the Settlement Class conforms with
the requirements of Fed.R.Civ.P. 23, the Washington and
United States Constitutions, and any other applicable law,
and constitutes the best notice practicable under the
circumstances, by providing individual notice to all Class
Members who could be identified through reasonable effort,
and by providing due and adequate notice of the proceedings
and of the matters set forth therein to the other Class
Members. The Notice fully satisfied the requirements of due
4. The Court finds that the Settlement was entered into in
good faith as the result of arm's-length negotiations
between experienced attorneys, that the Settlement is fair,
reasonable, and adequate, and that the Settlement satisfies
the standards and applicable requirements for final approval
of this class action Settlement under Washington law and the
provisions of Fed.R.Civ.P. 23.
5. To the extent any timely-filed objections to the
Settlement have been lodged, the Court has considered those
objections and found they do not counsel against approval of
the Settlement, and the objections are hereby overruled.
6. Upon entry of this Order, compensation to the
participating members of the Settlement Class shall be
effected pursuant to the terms of the Settlement Agreement.
7. In addition to any recovery that Plaintiffs may receive
under the Settlement, and in recognition of the
Plaintiffs' efforts on behalf of the Settlement Class,
the Court hereby approves the payment of service awards to
the Plaintiffs, in the amount of $10, 000 each, to be paid
pursuant to the terms of the Settlement Agreement.
8. Upon the date on which this order is entered (the
“Effective Date”), the Plaintiffs and all members
of the Settlement Class, shall have, by operation of this
Order and the accompanying Judgment, fully, finally and
forever released, relinquished, and discharged Knight from
all claims as defined by the terms of the Settlement. Upon
the Effective Date, all members of the Settlement Class shall
be and are hereby permanently barred and enjoined from the
institution or prosecution of any and all of the claims
released under the terms of the Settlement.
9. This Court hereby dismisses this action with prejudice as
to all Settlement Class Members except those who have timely
and properly excluded themselves from the Settlement Class.
Individuals who have timely and properly excluded themselves
from the Class and are thus not bound by this Judgment are
listed on Exhibit A, which is attached to this
10. Pursuant to the Settlement Agreement, this Order shall
constitute a dismissal of this action on the merits with
prejudice with respect to Defendant, without fees or costs to
any party except as provided in ...