United States District Court, W.D. Washington, Seattle
MOHAMED A. HUSSEIN, an individual, and HASSAN HIRSI, an individual, Plaintiffs,
AIR SERV CORPORATION, a foreign corporation, Defendant.
ORDER GRANTING STIPULATED MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT AND APPOINTMENT OF CLASS
S. Lasnik U.S. District Court Judge.
Honorable Robert Lasnik Before the Court is the parties'
Stipulated Motion for Preliminary Approval of the Class
Action Settlement and Appointment of Class Representatives
(Dkt. #32) and the Stipulated Motion and Submission of
Amended Notice (Dkt. #42). The Court has considered the
motions 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.
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 described in Paragraph C
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
the Action based upon the Agreement.
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.
Class Certification, Representatives, and Counsel.
March 1, 2017, this Court granted the Parties' Stipulated
Motion for Class Certification, Appointment of Class Counsel
and Class Representatives. Dkt. #24. A Class was certified
under Fed.R.Civ.P. 23(b) as defined below:
All employees of Air Serv who have been 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 February 12, 2016 who can be ascertained from Air
Serv's records as having been paid less than the
prevailing minimum wage prescribed by City of SeaTac
Ordinance 7.45.050 and who have not recovered back wages
under separate legal action.
Id. The Court also appointed Mohamed A. Hussein and
Hassan Hirsi as Class Representatives and the law firm of
Badgley Mullins Turner PLLC as class counsel. Id.
certification of the Class, Class Representative Hassan Hirsi
chose to join a parallel action pending in King County
Superior Court, Isse v. Air Serv, King County Superior
Court No. 17-2-02687-5 SEA. As such, Mr. Hirsi cannot
effectively serve in his capacity as Class Representative. To
remedy this and to ensure Class Members' interests are
protected by a quorum of diligent representatives, Mr.
Hussein seeks the appointment of Class Members Hodan Ahmed
Dahir and Mohamed Yusef as additional Class Representatives.
Dahir was employed as a cabin cleaner with Air Serv between
June 2013 and September 2016. Before February 2016, Ms. Dahir
was paid between $9.00 and $10.00 per hour. Ms. Dahir
completed high school in the United States. Mr. Mohamed Yusef
was employed as a cabin cleaner with Air Serv between
September 2012 and March 2015. Mr. Yusef was paid
approximately $8.75 per hour, and attended high school in his
native-country of Somalia.
individuals are members of the Court-certified Class, were
not Plaintiffs in the Isse matter, and have agreed to
represent the interests of their fellow Class Members.
Neither individual has any individual legal issue which would
present a conflict of interest or disqualify them under
Fed.R.Civ.P. 23(a)(4). See Plaintiff's Motion for Class