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Hussein v. AIR Serv Corp.

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

July 27, 2018

MOHAMED A. HUSSEIN, an individual, and HASSAN HIRSI, an individual, Plaintiffs,
v.
AIR SERV CORPORATION, a foreign corporation, Defendant.

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

          Robert S. Lasnik U.S. District Court Judge.

         The 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.[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 (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.

         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, Representatives, and Counsel.

         On 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.

         Following 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.

         Ms. 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.

         Both 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 ...


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