GALEENER v. SOURCE REFRIGERATION & HVAC, INC.

Case No. 13-cv-04960-VC.

LYLE E. GALEENER, individually and on behalf of all others similarly situated, Plaintiff, v. SOURCE REFRIGERATION & HVAC, INC., Defendant.

United States District Court, N.D. California, San Francisco Division.

April 15, 2015.


Attorney(s) appearing for the Case

John M. Padilla PADILLA & RODRIGUEZ, L.L.P., Los Angeles, California, Galvin B. Kennedy (admitted pro hac vice) Gabriel Assaad (admitted pro hac vice) KENNEDY HODGES, L.L.P., Houston, Texas, Attorneys for Plaintiff and proposed Class Members.

MARGARET A. KEANE , DLA PIPER LLP (US), San Francisco, CA, Jahan C. Sagafi , Outten & Golden LLP, San Francisco, CA, Christopher M. McNerney (admitted pro hac vice) Outten & Golden LLP, New York, NY, BENJAMIN M. GIPSON , KATHARINE J. LIAO , DLA PIPER LLP (US), Los Angeles, CA, Attorneys for Defendant Source Refrigeration & HVAC, Inc.


STIPULATION AND [PROPOSED] ORDER RE EDIT TO CLASS NOTICE

WHEREAS, on March 13, 2015, the Court granted preliminary approval of the parties' proposed class action settlement, approving, among other things, the Class Notice and Confirmation Form;

WHEREAS, the Class Notice explains to class members that the settlement provides for $10,000,000 in monetary relief as a common fund, from which attorneys' fees and costs and class representative service payments approved by the Court will be subtracted;

WHEREAS, Source provided the class data to the Settlement Administrator as scheduled on April 10, 2015;

WHEREAS, the Class Notice is scheduled to be disseminated to the Class Members on April 27, 2015;

WHEREAS, the Confirmation Form that will be sent to Class Members along with the Class Notice correctly states that "[i]t is estimated that $6,700,000 will remain for Class Members to share after these expenses and costs are taken out," which is arrived at as follows:

$10,000,000 common fund -$3,000,000 in attorneys' fees -$75,000 in class representative service payments -$195,000 in out-of-pocket costs -$30,000 in costs of administration ___________________________________________________________ =$6,700,000;

WHEREAS, the Class Notice informs Class Members that Class counsel will seek reimbursement for "out-of-pocket costs of up to $195,000," without mentioning costs of administration by the Court-appointed Settlement Administrator CPT Group; and

WHEREAS, the parties wish to edit the Class Notice by adding the following text in Section 18 to ensure that Class Members are aware of the $30,000 in costs of administration, consistent with the $6,700,000 figure listed in the Confirmation Form: "The cost of administration of the settlement, estimated to be approximately $30,000, will also come from the settlement fund."

THEREFORE, the Parties respectfully request that the Court approve the addition of the text listed above to Section 18 of the Class Notice.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED that:

(1) The Class Notice shall be edited to include the following text in Section 18: "The cost of administration of the settlement, estimated to be approximately $30,000, will also come from the settlement fund."

IT IS SO ORDERED.


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