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Abdi v. AB Car Rental Services Inc.

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

July 31, 2018

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

          BADGLEY MULLINS TURNER PLLC DUNCAN C. TURNER, ATTORNEYS FOR PLAINTIFF AND THE CLASS

          LAW OFFICE OF DANIEL R. WHITMORE DANIEL R. WHITMORE, ATTORNEYS FOR PLAINTIFF AND THE CLASS

          [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

          HONORABLE ROBERT S. LASNIK JUDGE

         THIS MATTER came before the Court on Plaintiff s Motion for Final Approval of Settlement. The Court has considered all papers and materials submitted by the parties in support of the proposed Settlement Agreement, including Plaintiffs preliminary and final motions in support of approval of the Settlement Agreement, and the Declaration of Mary Butler in support of the proposed settlement.

         Having considered these materials and the statements of counsel at the Final Approval Hearing on July 31, 2018, the Court, being fully advised in the premises, has determined that the proposed Settlement Agreement should be approved as fair, adequate, and reasonable, hi making this determination, the Court has considered the likelihood of success both with respect to Plaintiffs claims and Defendant's defenses. The Court has reviewed the terms of the Settlement Agreement and has considered the recommendations of counsel for all parties. The Court is aware that substantial time and expense would be required to litigate Plaintiffs claims in the event the proposed Settlement Agreement is not approved. Finally, the Court finds that all settlement negotiations were conducted in good faith and at arms' length and that there was no collusion. Good cause appearing therefore, it is hereby

         ORDERED, ADJUDGED AND DECREED that:

         1. The definitions set forth in the parties' Settlement Agreement, and the Court's March 26, 2018 Order Granting Stipulated Motion ('Preliminary Order") are hereby incorporated herein as though fully set forth in this Order Granting Final Approval of Class Action Settlement ("Final Judgment").

         2. The Court has jurisdiction over the subject matter of this action and all parties, including all members of the Settlement Class previously certified by the Court, which consists of:

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.

         3. The Court hereby approves the Settlement Agreement and finds that it is, in all respects, fair, reasonable, and adequate to the Settlement Class Members.

         4. On or about April 23, 2018, the Notice of Class Action Settlement ('"Notice") was mailed to the last-known addresses of all Settlement Class Members. The Court finds and concludes that said Notice fully satisfied the requirements of CR 23(c)(2) and CR 23(e) and the requirements of due process.

         5. The Court finds that the Notice, which consisted of an individual notice mailed to the last-known address of each Settlement Class Member, provided the best notice practicable under the circumstances. This Notice provided due and adequate notice of these proceedings and of the matters set forth therein, including die pendency of the action, the terms of the proposed Settlement Agreement, the procedure for submitting objections to the Settlement Agreement, and the procedure for requesting exclusion from the Settlement Class, to all persons entitled to such notice, and said Notice fully satisfied the requirements of CR 23 and the requirements of due process. The Administrator's declaration confirms that the Notice was mailed in accordance with the terms of the Settlement Agreement and the Court's Preliminary Order.

         6. No Requests for Exclusion(s) or opt-outs from the settlement have been received from the Class Members.

         7. Consistent with Section 1.4 of the Settlement Agreement, neither this Final Judgment, nor the fact or substance of the Settlement Agreement, shall be considered a concession or admission by or against Defendant or any other released party, nor shall they be used against Defendant or any other released party as an admission, waiver or ...


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