Case Information
Case 2:09-cv-01829-LDG -GW F Docum ent 57-7 Filed 05/04/1 1 Page 1 of 5 l Fltzp 2 8'ï'E?'L'D --- Y CDUED --- SEnyo () cptavt/-h'h'i-is gr astu 3
10 q 11 UNITED STATES DISTRICT COURT l E 12 D ISTRICT OF N EV AD A
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14 AMBER SALXZAR, an indivldu ,a1 on CASE NO. 2:0%CV-01829-LDG GW F
behzf of herself, aqd on behalf of a11 othc
15 persons sim llarly sltuated, CLASS AG IO N
Plaintiffs, 16 ) ORDER GRANTING FINAL v, PRO VA L O F CLASS AC TIO N SETTLEM ENT
W ELLS FA RG O N,A ., and DOES 1
18 tlzrough 100 inclusive, Judge Lloyd D . George Defendants
20 . 1: 23 p 24 7
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I ORDER GRANTING FINAL APPROV AL OF CLASS ACTION EAs1:44696793 . SETTLEM ENT
ase 2:09-cv-Q1829-LDG -GW F Docum ent 57-7 Filed 05/04/1 1 Page 2 of 5 The parties have subm itted their Settlem ent A greemertt and Joint Stipulatioa 2 evidencing their proposed settlement (the Ktsettlement'), which this Court preliminarily approved 3 in it.s D ecem ber 14, 20l 0 Order. In accordance with the prelim inary approval order Clwss 4 Members have been given notice of the tenns of the Settlement and the opporttmity to objeot to it 5 or to exclude tbemselves from its provisions H aving received aad considered the Sdtlmnent the supporting papers liled by the
8 parties, the application for final approval of the settlem ent of this class action and an award of 9 Plaintiffs' attomeys' fee and reimbursement of expenses, and the evidence and arpzment received 10 by thc Court at the tinal approval hearing, the Court grants final approval to the Settlem ent and 1 1 H EREBY ORDERS and M A KES DETERM INA TION S as follow s:
The Class covered by tlzis Order is dofined > 1 14 GtAll current and fonntr hourly W ells Fargo employees with tbe job title çtBusiness Banking 1 5 Spedalist,'' including positions with similar titles and/or duties who worked in Nevada at any 1 6 tim e from August 1 1 , 2006 through D eccm ber 1 4 2010.99 2. Pursuant to this Court's order of Decem ber 14 20 1 0, a Notice of Class Action
1 8 Settlem ent, and Exclusion Borm were sent to each Class M em ber by flrst-class m ail . Thtso 19 papers infonned Class M embers of the terms of the Sdtlement, their right to object to the 20 Settlem ent or to elect not to participatt in the Settlem ent and punue their ow n rem edits and their 21 Iight to appear in person or by counsel at the final approval hearjng and be heard regarding 22 approval of the Settlem ent. Adequate periods of tim e were provided by each of these procedures 23 Ne Class M embers filed timely written objections to tho Settlement as part of this noticc process 24 or stated his or her intent to appear at the ftnal approval healing. 3. Tht Court fm ds and determ ines tllat this notict procedm e affordtd adequate
26 protections to Class M embers and provide,s the basis for the Court to make an informed decision 27 regarding approval of the Sottloment based on the responses of Class M embers n e Court finds ORDER GRANTING FINAL
APPROVAL OF CLASS AC7 'IOH -2- CW 09-3 189 CW SETTL FU EN'I- EA5m 4696793.2 ase 2:09-cv-01829-LDG -GW F Document 57-7 Filed 05/04/1 1 Page 3 of 5 1 and determ ines that the notice provided in this case whs the best notice practicable , which 2 satisfied the requirements of 1aw and due prx ess 4. For the reasons stated in the Court's Deoember 14 , 20l 0 preliminary approval
4 order, the Court finds and determ ines that thc proposed Settlem ent Class as defined in the 5 detinitions section of the Settlem ent m eets a1l of tbe legal requirem ents for class certifcation , 6 and it is hereby ordered that the Settlem ent Class is finally approved and certified as a class for 7 purposes of setllem ent of this action. 5. The Court further finds and detennines that the terms of the Settlemtnt are fair ,
9 rcasonable and adequate to the class and to each Class M em ber and that the Class M em bers who 1 0 have not opted out shall be bound by the Settlem tnt that the Settlem en! is ordercd tinally 1 1 approved, and that all telnns and provisions of the Settlement slzould bc and hereby are ordered to 12 be consum m ated.
l 3 6. The Court Iinds and determines that the payments to be made to the Settlement 14 Class M em bers as provided for in the Settlem ent are fair and reasonable . The Court hereby gives 15 tinal approval to and orders the payment of those amounts be made to the Settlement Class 16 M embers out of the $100,000 M aximum Settlem ent Amount in accordance with the terms of the 17 Sdtloment, W ells Fargo shall pay an amount up to $ 100 , 000, with an additional paym ent of up to 18 $5.000 to the Claims Adm inistator, if necessary to pay for additional administrative costs 19 incurred, in full satisfaction of the claims as more specifcally described in the Settlement . After 20 fees, costs, residual adm inistration costs and incentive aw ard, the rem ainder N et Fund V alue 2 l (NFV) shall be paid to participating clu s members on a pro rata basis in proportion to a11 22 Settlem ent Class M em bers, in the form ula specified in the Settlem ent Any portion of the NFV 23 that is not claimd by Settlement Class M embers either because they did not subm it a valid and 24 tim ely Claim Fonn or epted out of the Settlem ent shall perm anently revert to Defqndaat 8. Th< Court hereby grants and approves the application presented by Plaintiffs' 26 Attom eys for an award of fees ia the amolmt of $25,000) attom eys' costs in the amount of $8000 27 claim s adm inistration fees ef !4,000 to be paid out of the M axim um Settlem ent Am ount in J ORFER GRAPTING FFNAL (2V - 09-3189 CW ROVAL OF CLASS AC l ION -3-
SETI-I,EMEAIT EA5-844696793.2 ase 2:09-cv-O1829-LDG -GW F Document 57-7 Filed 05/04/11 Page 4 of 5 1 ' j 1 accordance with the tenns of the Settlement, and rcmaining $5,000 in daim administration costs 2 to be paid by W ells Fargo . ' 9. 'I71t Court hereby grants and approves the application presented by the Plaintiff for
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4 an award of an enhancement in the amount of $2,500 . 00 to Am ber Sala'zar to bq paid out of the 5 M ibxim um Settlem ent Am ount in accordalw e wit . h the term s of the Settlem ent. . 10. Upon completion of administration of the Settlement , the Settlem ent Adm inistrator
7 will provide written certification of such com pletion to thc Court and counsel for the parties , 1 1. Pursuant to the Settlement, a1I Class M embel's (except for those who tiled 9 Exclusion Fonns) are adjudged to have relemsed Defendant and its former and present parents, ; ' y l 0 subsidiaries, and affiliated comorations and entities, and vach of îts respedive past and present t 1 1 t ofliçers. directors, em ployees, partners, atlom eyss accountants y insurcrs, shareholders and agents, ' 12 and any other successozs, assigns, or legal representatives (tî and from any and a11 rights, claim s, : l 3 d i emands, liabilities, causes of action, liens and judgments arising out of or in any way related to ' 14 tht matters set forth, or that could have bee . a set fbrth, in tlte Com plaint in relation to the alleged 1 5 claim s relating to the release as set forth in the Settlem ent including, without lim itation, any and 16 al1 conduct, events or transactions occurring within the Class Period and any and a11 claims for r 1 7 alleged violations under Ncvada and/or federal law relating to overtim e or the other allegations ' 1 8 ofthe Action, including claims under NRS j 608.016; NRS û 608.01 8; NRS j 608.140; 29 '
, 19 U.S.C. â 20l , et seq.; 29 U.S.C. j 207; 29 U.S.C. # 216; 29 U.S.C. j 255; claims of convcsion, ) 20 claims for restitution and othtr equitable relietl liquidated dam ages, punitive damages, penalties 21 or any other benetit claimed on account of the allegations asserted in the Action arising from 22 August 1 1 , 2006, through December l4, 2010 . 12. Punuant to the Settlcment, a1l Clgss Members (except for those who tilcd
24 Exclusion Forms) are permanently barred from prosecuting against Defendant, and its fonner and ) 25 present parents, subsidiaries, and affiliated comorations and entities and each of its respedive 26 officers, directors, employees, partnerss shareholdm's and agents and any other successors, t ( 27 assigns, or lega.l representatives, any icdividual or class claim s that were released as sd forth in 28 the Settlem ent.
E 1 ORDER GRANTING H NAL CV PROVAL OF CLASS ACTION -4- - 09-3 189 CW SETTLEM ENT EA5*14696793.2 ase 2:Q9-cv-Q1829-LDG -GW F Docum ent 57-7 Filed 05/04/1 1 Page 5 of 5 1 3 . Pursuant to the Settlem ent, Plaintiff is conclusively deem ed to have released a11 2 claim s against the Relgased Pazties as described in the Settlem ent. l4. The parties are hertby ordered to com ply with thc terms of the Settlem ent, l 5. n is action, and the claim s alleged in the Complaint filed in the A ction is hereby
5 erdere,d dismissed with prejudice, cach side to bear its own costs and attomeys' fees except as 6 provided by the Settlem ent. 16, W ithout affecting the finality of this Final Order in any way, this Court retains
8 jurisdiction of a1l matters relating to the interpretation, administration, implementauon, 9 effecm ation and enforcem ent of this order and the Settlem ent.
1 0
1 1 IT IS SO ORDERED .
13 Dated; Je zou
H Loy o GE R , ()()E TH E IJN ITED STA ES DISTRICT CO UR ' ( ' RDER G RANTTNO FINAL : PROVAL OF CLM S ACR 'ION -5- 0V209-3189 CW SETTLEM E!NT E*5144696793.2