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Abdi v. AB Car Rental Services, Inc.

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

March 26, 2018

SAMATAR ABDI, Plaintiff,
v.
AB CAR RENTAL SERVICES, INC., Defendant.

          ORDER GRANTING STIPULATED MOTION FOR CERTIFICATION OF SETTLEMENT CLASS AND FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

          Robert S. Lasnik, United States District Judge.

         Before the Court is the Parties' Stipulated Motion for Certification of Settlement Class and for Preliminary Approval of Class Action Settlement (the “Stipulated Motion”). The Court has considered the Stipulated Motion, together with its supporting declarations and exhibits.

         This Court has reviewed the Parties' Settlement Agreement (“Agreement”), as well as the files, records, and proceedings to date in this matter. For purposes of this Order, capitalized terms used below shall have the meaning ascribed to them in the Stipulated Motion, unless otherwise defined.

         Based on this Court's review of the Agreement and all of the files, records, and proceedings herein, the Court concludes, upon preliminary examination, that the Agreement and Settlement appear fair, reasonable, and adequate, and within the range of reasonableness for preliminary settlement approval, and that a hearing should and will be held after notice to the Settlement Class (as defined in Paragraph B below) to confirm that the Agreement and Settlement are fair, reasonable, and adequate and to determine whether the Settlement should be approved and final judgment entered in this action based upon the Agreement.

         IT IS HEREBY ORDERED THAT:

         A. Preliminary Approval of Proposed Settlement.

         The Agreement is preliminarily approved as fair, reasonable, and adequate and within the range of reasonableness for preliminary settlement approval. The Court finds that: (a) the Agreement resulted from extensive arm's length negotiations; and (b) the Agreement is sufficient to warrant notice of the Settlement to persons in the Settlement Class and a full hearing on the approval of the Settlement.

         B. Class Certification For Settlement Purposes Only.

         Pursuant to Federal Rule of Civil Procedure 23(c), the Court conditionally certifies, for settlement purposes only, the following Settlement Class:

All employees of the Defendant who were on Defendant's payroll who are alleged to have been either Hospitality Workers or Transportation Workers and who worked one or more hours within the City of SeaTac at any time during the time period from January 1, 2014 to the present, and who were paid less than the prevailing minimum wage prescribed by the City of SeaTac Municipal Code 7.45.050, i.e., a base rate of $15.00 per hour in 2014 and $15.24 in 2015 and 2016.

         The Court finds that the numerosity, commonality, typicality, and adequacy requirements of Rule 23(a) are satisfied for settlement purposes. The Court also finds that the predominance, manageability, and superiority requirements of Rule 23(b)(3) are satisfied for settlement purposes.

         Accordingly, the Court orders as follows:

1. Plaintiff Samatar Abdi is appointed Class Representative; and
2. Plaintiff's counsel are hereby appointed and designated as counsel for the above-described Settlement Class and are authorized to act on behalf of the ...

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