February 8, 2012 Update

On January 31, 2012 a hearing was held before Honorable Edmond E. Chang on Plaintiffs unopposed motion for preliminary approval of class settlement, for certification of settlement of class, and for permission to disseminate notice to class. The rulings from the hearing are provided.

During the hearing on January 31, 2012, the Court made specific inquiries in open court. Based on the answers to the inquiries, and for the reasons stated in open court, the Court granted the motion. The Settlement Agreement is preliminarily approved: as noted in open court, the amount of the settlement fund represents a near-complete victory on liability and damages, and the settlement is otherwise fair. Moreover, injunctive relief is not required because Defendant changed its donning and doffing policies.

The Court also found that the numerosity, typicality, commonality, and predominance elements were met. The named Plaintiffs are also adequate class representatives who have actively assisted in litigating the case, and the class counsel have also vigorously represented the class. The following schedule is entered: by February 14, 2012, Kraft will supply the information necessary for the class administrator to prepare notices to the individual class members; by March 13, 2012, notices to the class will be mailed (the notices have been amended in open court and can be obtained here); by April 2, 2012, the class administrator will resolve returned notices; by April 27, 2012, proposed class member's objections and opt-outs, if any, must be filed; by May 17, 2012, Plaintiffs' counsel shall file the fee, costs, and award petition; by May 28, 2012, Plaintiffs will report the opt-outs, if any; and by May 31, 2012, the parties shall file any supplemental briefs in response to any objections. Fairness hearing is set for June 8, 2012 at 9:00 a.m.