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Case 2:11-Cv-01135-DMG-PJW Document 380 Filed 07/01/16 Page 1 of 33 Page ID #:11496

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Case 2:11-Cv-01135-DMG-PJW Document 380 Filed 07/01/16 Page 1 of 33 Page ID #:11496 Case 2:11-cv-01135-DMG-PJW Document 380 Filed 07/01/16 Page 1 of 33 Page ID #:11496 1 Olu K. Orange, Esq., SBN: 213653 ORANGE LAW OFFICES 2 3435 Wilshire Blvd., Suite 2900 Los Angeles, California 90010 3 Tel: (213) 736-9900 / Fax: (213) 417-8800 Email: [email protected] 4 5 Dan Stormer, Esq., SBN: 101967 Cindy Pánuco, Esq., SBN: 266921 6 Mohammad Tajsar, Esq. SBN: 280152 HADSELL STORMER & RENICK LLP 7 128 North Fair Oaks Avenue, Pasadena, California 91103-3645 8 Tel: (626) 585-9600; Fax: (626) 577-7079 Emails: [email protected]; 9 [email protected]; 10 [email protected] 11 Attorneys for Plaintiffs 12 [Additional counsel listed on next page] 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 CHRISTIAN RODRIGUEZ, ALBERTO Case No.: CV11-01135 DMG (JEMx) 16 CAZAREZ, individually and as class 17 representatives PLAINTIFFS’ NOTICE OF MOTION AND UNOPPOSED MOTION FOR 18 Plaintiffs, PRELIMINARY APPROVAL OF 19 vs. SETTLEMENT; DECLARATIONS OF COUNSEL; EXHIBITS 20 CITY OF LOS ANGELES, CARMEN 21 TRUTANICH, CHARLES BECK, DATE: July 29, 2016 ALLAN NADIR, ANGEL GOMEZ TIME: 11:00 a.m. 22 CRTRM: 7 AND DOES 1 THROUGH 10. 23 Complaint Filed: February 7, 2011 24 25 Defendants. 26 27 28 PLAINTIFFS’ NTC OF MTN & UNOPPOSED MTN FOR PRELIM APPROVAL OF SETTLEMENT Case 2:11-cv-01135-DMG-PJW Document 380 Filed 07/01/16 Page 2 of 33 Page ID #:11497 1 [Additional counsel cont. from first page] 2 Anne K. Richardson, Esq. [S.B. #151541] 3 Alisa Hartz, Esq. [S.B. #285141] 4 PUBLIC COUNSEL 610 S. Ardmore Ave. 5 Los Angeles, California 90005 6 Telephone: (213) 385-2977 Facsimile: (213) 385-9089 7 Email: [email protected] 8 [email protected] 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFFS’ NTC OF MTN & UNOPPOSED MTN FOR PRELIM APPROVAL OF SETTLEMENT Case 2:11-cv-01135-DMG-PJW Document 380 Filed 07/01/16 Page 3 of 33 Page ID #:11498 1 TO DEFENDANTS AND ITS ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that on July 29, 2016, at 11:00 a.m., in 3 Courtroom 7 of the above entitled court, located at the 312 North Spring Street, Los 4 Angeles, California, Plaintiffs Christian Rodriguez and the Estate of Alberto Cazarez, by 5 and through their undersigned attorneys, will move for preliminary approval of a class 6 action settlement in this case. The motion will be based on the Federal Rules of Civil 7 Procedure, the foregoing notice, points and authorities, and declarations and exhibits filed 8 concurrently herewith, and the pleadings, records, and files in this action. 9 10 DATED: July 1, 2016 Respectfully Submitted, 11 ORANGE LAW OFFICES HADSELL STORMER & RENICK, LLP 12 PUBLIC COUNSEL 13 14 By /s/ - Anne Richardson Anne Richardson, Esq. 15 Attorneys for Plaintiffs 16 17 18 19 20 21 22 23 24 25 26 27 28 1 PLAINTIFFS’ NTC OF MTN & UNOPPOSED MTN FOR PRELIM APPROVAL OF SETTLEMENT Case 2:11-cv-01135-DMG-PJW Document 380 Filed 07/01/16 Page 4 of 33 Page ID #:11499 1 TABLE OF CONTENTS 2 Page(s) 3 TABLE OF AUTHORITIES ................................................................................ iii 4 INTRODUCTION ..................................................................................................1 5 I. FACTUAL AND PROCEDURAL BACKGROUND ................................... 2 6 A. Pertinent Procedural History ...............................................................2 7 B. Issues Remaining for Trial ..................................................................4 8 C. Settlement Negotiations ......................................................................5 9 D. Parties ................................................................................................. 6 10 II. SUMMARY OF THE PROPOSED SETTLEMENT TERMS……………...6 11 A. Jobs and Education Program ..............................................................7 12 13 1. City's economic commitment .....................................................7 14 2. Overview of the Jobs and Education benefits ............................. 7 15 3. Transferability of Jobs and Education Program .......................... 9 16 B. Tattoo Removal Program .....................................................................9 17 C. Injunctive Relief………………………………………………………9 18 1. Non-Enforcement of certain provisions and conditions of future service of class gang injunctions .................................. 9 19 2. Gang injunction removal process ............................................. 10 20 D. Incentive Awards .............................................................................. 10 21 E. Attorney's Fees and Costs ................................................................. 11 22 23 F. Administrative Costs ......................................................................... 11 24 G. Notice to the Class ............................................................................ 11 25 H. Release Provisions ............................................................................ 12 26 III. THE PROPOSED CLASS SETTLEMENT WARRANTS PRELIMINARY APPROVAL ................................................................... 12 27 A. Legal Standard .................................................................................. 12 28 i PLAINTIFFS’ NTC OF MTN & UNOPPOSED MTN FOR PRELIM APPROVAL OF SETTLEMENT Case 2:11-cv-01135-DMG-PJW Document 380 Filed 07/01/16 Page 5 of 33 Page ID #:11500 B. The Proposed Settlement Meets the Requirements for 1 Preliminary Approval……………………………………………….14 2 1. The Proposed Class Settlement Is the Product of Serious, Informed, Non-Collusive, and Good-Faith Negotiations…….14 3 4 2. Plaintiffs' Counsel, Who Are Experienced in Class Action Litigation, Believe the Settlement Is Fair, 5 Reasonable, and Adequate……………………………………15 6 3. The Risk of Continued Litigation Supports Preliminary Approval………………………………………………………16 7 4. The Settlement's Value Supports Preliminary Approval .......... 18 8 C. The Attorney's Fees Sought Fall within the Range of Possible 9 Approval…………………………………………………………….20 10 D. The Additional Compensation for Named Plaintiffs Falls Within the Range of Possible Approval ............................................ 21 11 IV. THE PROPOSED SETTLEMENT NOTICE AND SETTLEMENT 12 ADMINISTRATION PLAN SATISFY THE REQUIREMENTS OF 13 RULE 23……………………………………………………………………22 14 V. PROPOSED SCHEDULE AND FINAL APPROVAL HEARING..……...23 15 VI. CONCLUSION…………………………………………………………….24 16 17 18 19 20 21 22 23 24 25 26 27 28 ii PLAINTIFFS’ NTC OF MTN & UNOPPOSED MTN FOR PRELIM APPROVAL OF SETTLEMENT Case 2:11-cv-01135-DMG-PJW Document 380 Filed 07/01/16 Page 6 of 33 Page ID #:11501 1 TABLE OF AUTHORITIES 2 Page(s) 3 FEDERAL CASES 4 5 In re Bluetooth Headset Products Liability Litigation 6 654 F.3d 935 (9th Cir. 2011) .................................................................. 14, 20 7 Carter v. Anderson Merchandisers, LP 8 No. EDCV 08-0025-VAP OPX, 2010 WL 1946784 (C.D. Cal. May 11, 2010) ............................................................................ 14 9 10 Chun-Hoon v. McKee Foods Corp. No. C 05-0620 VRW, 2009 WL 3349549 (N.D. Cal. Oct. 15, 2009) .......... 14 11 12 Churchill Village, L.L.C. v. General Electric 13 361 F.3d 566 (9th Cir. 2004) ................................................................. 17, 23 14 Cotton v. Hinton 15 559 F.2d 1326 (5th Cir. 1977) ..................................................................... 13 16 Hanlon v. Chrysler Corp. 17 150 F.3d 1011 (9th Cir. 1998) ............................................................... 12, 13 18 Nat'l Rural Telecomm. Coop. v. DIRECTV, Inc. 19 221 F.R.D. 523, 525 (C.D. Cal. 2004) .................................................. passim 20 Officers for Justice v. Civil Serv. Commission of City & Cty. of San Francisco 21 688 F.2d 615 (9th Cir. 1982) ....................................................................... 13 22 In re Online DVD Rental Antitrust Litigation 23 779 F.3d 934 (9th Cir. 2015) ....................................................................... 21 24 25 Rodriguez v. City of Los Angeles 552 F. App'x. 723 (9thCir. 2014) ..................................................................3 26 27 Rodriguez v. West Publishing 28 563 F.3d 948 (9th Cir. 2009) ................................................................. 12, 22 iii PLAINTIFFS’ NTC OF MTN & UNOPPOSED MTN FOR PRELIM APPROVAL OF SETTLEMENT Case 2:11-cv-01135-DMG-PJW Document 380 Filed 07/01/16 Page 7 of 33 Page ID #:11502 1 Spann v. J.C. Penney Corp. 2 314 F.R.D. 312 (C.D. Cal. 2016) ...................................................... 1, 14, 15 3 Staton v. Boeing, Co. 4 327 F.3d 938 (9th Cir. 2003) ....................................................................... 21 5 6 In re Syncor ERISA Litigation 516 F.3d 1095 (9th Cir. 2008) ..................................................................... 12 7 8 Torrisi v. Tucson Electric Power Co. 8 F.3d 1370 (9th Cir. 1993) ......................................................................... 13 9 10 In re Toys R Us-Del., Inc.--Fair & Accurate Credit Transactions Act (FACTA) Litigation 11 295 F.R.D. 438 (C.D. Cal. 2014) .......................................................... 13, 14 12 13 Trujillo v. City of Ontario No. EDCV 04-1015-VAP (SGLx), 14 2009 U.S.Dist. LEXIS 79309 (C.D. Cal. Aug. 24, 2009) ............................ 21 15 United States v. Armour & Co. 16 402 U.S. 673 (1971) .................................................................................... 13 17 18 Wright v. Linkus Enterprises, Inc. 259 F.R.D. 468 (E.D.Cal.2009) ..................................................................
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