United States District Court, W.D. Washington, Seattle
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION
S. LASNIK U.S. DISTRICT COURT JUDGE
the Court is the Parties' Stipulated Motion for
Preliminary Approval of the Class Action Settlement (the
“Stipulated Motion”). Dkt. #50. The Court has
considered the Stipulated Motion and attachments thereto.
This Court has also reviewed the Parties' Settlement
Agreement (“Agreement”), as well as the files,
records and proceedings to date in this matter. 1
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 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 the Action based upon the Agreement.
purposes of this Order, capitalized terms used below shall
have the meaning ascribed to them in the Stipulated Motion,
unless otherwise defined.
HEREBY ORDERED THAT:
Preliminary Approval of Proposed Settlement.
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.
October 30, 2017, the Court certified the Class pursuant to
Rule of Civil Procedure 23(c). Dkt. #37, pg. 4-5. For
purposes of settlement, the Court amends the Class definition
All employees of Flight Services and Systems
(“FSS”) who have been Transportation Workers, as
defined by the Ordinance, and who were employed by FSS within
the City of SeaTac between January 1, 2014 and the present,
and who allege they were paid less than required under the
Ordinance, and who are not party to a parallel legal action
against FSS for claims substantially like those in this
lawsuit or who have not otherwise opted out of the Class.
settlement is not approved, the previously certified Class
definition will remain in effect.
approval hearing (the “Settlement Hearing”) shall
be held before the Honorable Robert Lasnik on November 2,
2018, as set forth in the Notice to the Settlement Class, to
determine whether the Agreement is fair, reasonable and
adequate and should be approved. Papers in support of final
approval of the Agreement, the incentive awards to Plaintiff,
and Class Counsel's application for an award of
attorneys' fees, costs and expenses (the “Fee
Application”) shall be filed with the Court according
to the schedule set forth in Paragraph M below. If the
Settlement Hearing is postponed, adjourned, or continued by
order of the Court, the Parties shall notify the Settlement
Class by posting the change on the Settlement Website.
the Settlement Hearing, the Court may enter a settlement
order and final judgment in accordance with the Agreement
that will adjudicate the rights of the Settlement Class
Members with respect to the Released Claims being settled.
The scope of the Released Claims shall be a full and complete
release of any and all claims, known or unknown, asserted or
unasserted, arising under any provisions of Proposition 1 and