Gerardo Garcia vs Silva Dairy Farms

25CV-04721 Gerardo Garcia vs Silva Dairy Farms

Motion for Preliminary Approval of Class Action Settlement and Setting Final Approval Hearing

The motion for preliminary approval of class action settlement is DENIED WITHOUT PREJUDICE.

The Court has reviewed the motion and accompanying declarations and finds that the settlement terms are fair and reasonable under the particular circumstances of this case, and conditional certification of the class is appropriate.

However, the below issue must be addressed prior to approval.

The motion, Declaration of Young, settlement agreement, and proposed order, all provide for litigation expenses up to $12,000. (Motion, 9:13; Young Decl., ¶ 56; Settlement Agreement, 3.2.2; Proposed Order, ¶ 8.) However, the proposed Notice of Class Action Settlement at Section III provides for litigation expenses up to $20,000.

The discrepancy needs to be corrected on the proposed Notice of Class Action Settlement before the court will grant preliminary approval of the settlement.