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Allen v. Flight Services and Systems, Inc.

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

July 9, 2018

ANANAIS ALLEN, an individual, and AUSTIN Plaintiffs,
v.
FLIGHT SERVICES AND SYSTEMS, INC., Defendant.

          ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

          ROBERT S. LASNIK U.S. DISTRICT COURT JUDGE

         Before 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

         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 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.

         1 For purposes of this Order, capitalized terms used below shall have the meaning ascribed to them in the Stipulated Motion, unless otherwise defined.

         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.

         On 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 as follows:

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.

         If the settlement is not approved, the previously certified Class definition will remain in effect.

         C. Settlement Hearing.

         A final 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.

         After 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 Chapter ...


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