SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY

Transcription

1 THE HONORABLE JANET HELSON JOE ROGERS, an individual, on behalf of himself and others similarly situated, SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY CLASS ACTION 1 vs. Plaintiff, FARRELLI S MANAGEMENT SERVICES, LLC, a limited liability company; FARRELLI S CANYON, LLC, a limited liability company; FARRELLI S MAPLE VALLEY, LLC, a limited liability company; FARRELLI S PARKLAND, INC., a Washington corporation; FARRELLI S PARTY PLACE, LLC, a limited liability company; FARRELLI S RUSTON, LLC, a limited liability company; FARRELLI S SUMNER, INC., a Washington corporation; FARRELLI S TACOMA, INC., a Washington corporation; JOHN FARRELL and MARGARET FARRELL, and the marital community comprised thereof; MIKE RUTLEDGE and JANE DOE RUTLEDGE, and the marital community comprised thereof; JACQUELYN FARRELL and JOHN DOE FARRELL, and the marital community comprised thereof; EMILIE BECKER and JOHN DOE BECKER, and the marital community comprised thereof; and unknown JOHN and JANE DOES, other individuals, Defendants. OF CLASS ACTION SETTLEMENT - 1 NO. --- KNT ORDER GRANTING JOINT MOTION FOR OF CLASS ACTION SETTLEMENT Clerk s Action Required 00 Stewart Street, Suite 01 Seattle, Washington 1 () -0

2 1 THIS MATTER comes before the Court on all of the parties joint motion. The Court considered the following: 1. Joint Motion for Preliminary Approval of Class Action Settlement;. Declaration of Patrick L. McGuigan in Support of Joint Motion for Preliminary Approval of Class Action Settlement;. The files and records herein. The Settlement Agreement between the Parties provides that the Parties agree to settle on class wide relief for a Settlement Class. The Court, having considered the papers and arguments submitted in support of the Motion, HEREBY ORDERS THE FOLLOWING: 1. The Court grants preliminary approval of the settlement of this action, based upon the terms set forth in the Settlement Agreement on file herein for the proposed class, including payment to the class, payment of service award to class representative, attorneys fees and costs payment, and the costs of claims administration.. The Parties settlement is granted preliminary approval as it meets the criteria for preliminary settlement approval, appears to be the product of arm s length and informed negotiations and appears to be fair, adequate, and reasonable to the Class.. The Court approves, as to form, content, and method of delivery of, the Notice of Settlement of Class Action and Claim Form ( Class Notice ) attached as Exhibit A B to the Declaration of Patrick L. McGuigan ***except that paragraph needs to be revised to delete March, and insert June, as the date of hearing.. The Court provisionally certifies the proposed settlement class.. The Court appoints HKM Employment Attorneys LLP as Class Counsel.. The Court appoints CPT Group, Inc. as the Claims Administrator. OF CLASS ACTION SETTLEMENT - 00 Stewart Street, Suite 01 Seattle, Washington 1 () -0

3 1. Class Members will be bound by the terms of the Settlement Agreement unless they submit a timely request for exclusion within days after the mailing of the Notice of Class Action Settlement and Claim Form ( Class Notice ) by the Settlement Administrator.. The Court orders the following schedule of dates for further proceedings: EVENT Deadline for mailing Notice Parties file their briefs in support of Final Approval Deadline to Submit Claims, Opt-out, or Object Parties file responses to objections, if any Final Approval Hearing Payment of Service Awards Payment of Fees and Costs Payment to Settlement Class Members SCHEDULED DATE days after entry of Preliminary Approval Order or March, whichever is later (the Notice Period ) Within days of the deadline to opt out or object to the Settlement deadline Days after mailing of notice No later than days after the deadline for objections to the Settlement June, June, at a.m. Within days of the Court granting final approval of the parties Settlement Agreement Within days of the Court granting final approval of the parties Settlement Agreement Within days of the Court granting final approval of the parties Settlement Agreement. All proceedings in the Action are stayed until further order of the Court, except as may be necessary to implement the settlement or to comply with the terms of the Settlement Agreement. Further, pending the Court's final determination of whether the proposed settlement will be approved, each and every Plaintiff Class Member is barred and enjoined from instituting, commencing, or continuing to prosecute, directly or indirectly, as an individual or collectively, representatively, derivatively on behalf of them, or in any other capacity of any kind whatsoever, asserting any claims that would be released and discharged upon final approval of the settlement.. If the Settlement Agreement and the settlement are not approved in all material respects by the Court and all appellate courts to which any appeal or other form of review of such approval may be taken, Plaintiff and his counsel shall withdraw the motion for preliminary OF CLASS ACTION SETTLEMENT - 00 Stewart Street, Suite 01 Seattle, Washington 1 () -0

4 1 approval of Settlement from the Court. In such event, this Order will be vacated and the Settlement Agreement and the settlement shall become null and void and neither the Settlement Agreement, its provisions, the exhibits thereto, nor any of the negotiations, statements, representations, or other information provided by Plaintiff s Counsel or Defendant in the course of negotiating the Settlement Agreement or any proceedings relating thereto: (i) shall be offered, received in evidence, or otherwise used in the Action or in any other action or proceeding for any purpose whatsoever; or (ii) shall prejudice the rights of any of the parties hereto, who shall be restored to their respective positions immediately prior to the date of execution of the Settlement Agreement. Further, in such event, the Action shall revert to its status immediately prior to the date of execution of the Settlement Agreement and shall proceed as if the Settlement Agreement and all related orders and papers had not been executed or otherwise agreed to.. Neither the settlement nor the Settlement Agreement should be interpreted as an admission of any liability or wrongdoing by Defendant or their affiliates or as an admission of the strength or weakness of the claims against Defendant or its affiliates. Neither Defendant s agreement to the Settlement Agreement, nor Defendant s stipulations or other actions, nor any failure to act, shall be used by any Settlement Class Member in any other proceeding to argue that any class action should be certified against Defendant. THE COURT HEREBY SETS THE FINAL APPROVAL HEARING AT THE FOLLOWING DATE AND TIME: June, June, at a.m. DONE this th day of March,. Electronic signature attached THE HONORABLE JANET M. HELSON OF CLASS ACTION SETTLEMENT - 00 Stewart Street, Suite 01 Seattle, Washington 1 () -0

5 Presented by: /s/ Patrick L. McGuigan Patrick L. McGuigan, WSBA # Attorneys for Plaintiffs /s/ Derek A. Bishop Derek A. Bishop, WSBA # GORDON & REES Attorneys for Defendants 1 OF CLASS ACTION SETTLEMENT - 00 Stewart Street, Suite 01 Seattle, Washington 1 () -0

6 King County Superior Court Judicial Electronic Signature Page Case Number: Case Title: Document Title: Signed by: Date: --- ROGERS VS FARRELLIS MANAGEMENT SERVICES ET AL ORDER PRELIMINARILY APPR CLASS ACTION Janet Helson // 1:: PM Judge/Commissioner: Janet Helson This document is signed in accordance with the provisions in GR 0. Certificate Hash: EA0A1EDEEFDADDBD00ED Certificate effective date: /1/ :: AM Certificate expiry date: /1/ :: AM Certificate Issued by: C=US, OU=KCDJA, O=KCDJA, CN="Janet Helson: OQHanxxGBZv/HV1GsA==" Page of