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EM ILY R OB INSO N, e t al. v. SA CR AM EN TO CO UN TY , et al. USDC, Eastern District, Case No. CIV.S-04-1617 FCD DAD

KIM BERL Y KO ZLOWSK I, et al. v. SA CR AM EN TO CO UNTY , et a l. USDC, Eastern District, Case No. CIV.S-04-2381 FCD DAD

ORDER FOR PRELIMINARY APPROVAL OF SETTLEMENT OF CLASS ACTION [PROPOSED]

LAW OFFICE OF MARK E. MERIN

Mark E. Merin, SBN 043849

Jeffrey I. Schwarzschild, SBN 192086 

2001 P Street, Suite 100

Sacramento, CA 95814

Telephone: 916/443-6911

Facsimile: 916/447-8336

Attorneys for Plaintiffs

PORTER, SCOTT, WEIBERG & DELEHANT

Terence J. Cassidy, SBN 099180

350 University Avenue, Suite 200

Sacramento, CA 95825

Telephone: 916/929-1481

Facsimile: 916/927-3706

Attorneys for Defendants

—o0o—

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

—o0o—

EMILY ROBINSON, et al., 

Plaintiffs,

vs.

SACRAMENTO COUNTY, et al., 

Defendants.

CASE NO: CIV.S-04-1617 FCD/PAN

ORDER FOR PRELIMINARY

APPROVAL OF SETTLEMENT OF

CLASS ACTION

KIMBERLY KOZLOWSKI, et al., 

Plaintiffs,

vs.

SACRAMENTO COUNTY, et al., 

Defendants.

CASE NO: CIV.S-04-2381 FCD DAD

WHEREAS, plaintiffs EMILY ROBINSON, HEATHER HARRISON, RYAN PRICE,

KIMBERLY KOZLOWSKI, JASMINE TAGGART and ALICIA ANDERSON, on behalf of

themselves and all persons similarly situated, by and through their attorneys, Mark E. Merin of the

Law Office of Mark E. Merin, and defendants SACRAMENTO COUNTY, SACRAMENTO

Case 2:04-cv-02381-FCD-EFB Document 53 Filed 08/11/06 Page 1 of 7
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EM ILY R OB INSO N, e t al. v. SA CR AM EN TO CO UN TY , et al. USDC, Eastern District, Case No. CIV.S-04-1617 FCD DAD

KIM BERL Y KO ZLOWSK I, et al. v. SA CR AM EN TO CO UNTY , et a l. USDC, Eastern District, Case No. CIV.S-04-2381 FCD DAD

ORDER FOR PRELIMINARY APPROVAL OF SETTLEMENT OF CLASS ACTION [PROPOSED]

COUNTY PROBATION DEPARTMENT, SACRAMENTO COUNTY CHIEF PROBATION

OFFICER VERNE SPEIRS, and SACRAMENTO COUNTY ASSISTANT CHIEF PROBATION

OFFICER SUZANNE COLLINS, by and through their attorneys, Terence J. Cassidy of the law firm

of Porter, Scott, Weiberg & Delehant, have entered into a Stipulation of Settlement intending to

resolve all claims raised in these class actions pending in this Court; 

WHEREAS, the Stipulation of Settlement, together with the supporting materials, sets forth

the terms and conditions for a proposed settlement and dismissal with prejudice of the pending

above-captioned class actions against all defendants;

WHEREAS, the Court has before it and has reviewed the parties’ Stipulated Motion for

Preliminary Approval of Settlement of Class Action together with the Stipulation of Settlement and

supporting materials; and

WHEREAS, the Court is satisfied that the terms and conditions set forth in the Stipulation

of Settlement were the result of good faith, arms’ length settlement negotiations between competent

and experienced counsel for both plaintiffs and defendants, after mediation before the Raul Ramirez

(Retired), United States District Court Judge;

IT IS HEREBY ORDERED AS FOLLOWS:

I. PRELIMINARY APPROVAL OF SETTLEMENT AND APPROVAL OF

SETTLEMENT CLASS

1. The terms of the Stipulation of Settlement, filed July 10, 2006, are hereby

preliminarily approved, subject to further consideration thereof at the Fairness

Hearing provided for below. The Court finds that the settlement is sufficiently within

the range of reasonableness and that notice of the proposed settlement should be

given as provided in this Order. 

2. The Court hereby orders that the class of persons defined in Paragraph 15 of the

Stipulation of Settlement filed and incorporated by reference herewith is certified as

a Provisional Settlement Class. 

3. TheCourtfurther conditionally finds that plaintiffsEMILY ROBINSON,HEATHER

HARRISON, RYAN PRICE, KIMBERLY KOZLOWSKI, JASMINE TAGGART,

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EM ILY R OB INSO N, e t al. v. SA CR AM EN TO CO UN TY , et al. USDC, Eastern District, Case No. CIV.S-04-1617 FCD DAD

KIM BERL Y KO ZLOWSK I, et al. v. SA CR AM EN TO CO UNTY , et a l. USDC, Eastern District, Case No. CIV.S-04-2381 FCD DAD

ORDER FOR PRELIMINARY APPROVAL OF SETTLEMENT OF CLASS ACTION [PROPOSED]

and ALICIA ANDERSON are adequate class representatives for the settlement class.

4. The Court further finds that plaintiffs’ counsel Mark E. Merin of the Law Office of

Mark E. Merin is adequate class counsel.

5. The Court approves the Notice of Proposed Settlement of Class Action Strip Search

Case attached hereto as Exhibit A and further approves the method by which notice

is proposed to be given. 

6. If, pursuant to the terms of the Stipulation of Settlement, the settlement is not

consummated, the conditional certification of the settlement class and preliminary

approval of the Stipulation of Settlement shall be void and the parties shall have

reserved all of the rights to continue with any litigation or further mediation or

settlement discussions.

7. The Bar Date, as defined in paragraph 2 of the Stipulation of Settlement shall be

January 8, 2007.

II. NOTICE TO SETTLEMENT CLASS MEMBERS, APPROVAL OF CLASS

COUNSEL, AND EMPLOYMENT OF CLASS CLAIM ADMINISTRATOR

8. Counsel for the class (“class counsel”) is as follows:

Mark E. Merin, Esq.

Law Office of Mark E. Merin

2001 P Street, Suite 100

Sacramento, CA 95814

(916) 443-6911 - Telephone

(916) 447-8336 - Facsimile

9. Counsel for defendants is as follows:

Terence J. Cassidy, Esq.

Porter Scott Weiberg & Delehant 

P.O. Box 255428

Sacramento, CA 95865

(916) 929-1481- Telephone

(916) 927-3706- Facsimile

10. Class Claims Administrator is as follows:

Gilardi and Company, LLC

3301 Kerner Blvd

San Rafael, CA 94901

(415) 461-0410 - Telephone

(800) Toll Free Number to be arranged.

(415) 461-0412 - Facsimile

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EM ILY R OB INSO N, e t al. v. SA CR AM EN TO CO UN TY , et al. USDC, Eastern District, Case No. CIV.S-04-1617 FCD DAD

KIM BERL Y KO ZLOWSK I, et al. v. SA CR AM EN TO CO UNTY , et a l. USDC, Eastern District, Case No. CIV.S-04-2381 FCD DAD

ORDER FOR PRELIMINARY APPROVAL OF SETTLEMENT OF CLASS ACTION [PROPOSED]

11. Beginning no later than 30 days from the date of this Order, counsel for the parties

acting with the Class Claims Administrator shall cause to be disseminated the Notice

and Claim Form, substantially in the form attached as Exhibits A and B hereto, in the

manner set forth in paragraphs 54 through 58 of the Stipulation of Settlement. Such

summary notice as the parties agree will be published in accordance with the

Stipulation of Settlement and announcements following a script approved by the

parties will be made on such radio stations with the frequency provided in the

Stipulation of Settlement. Class members will have up to and including January 8,

2007, in which to opt-out of this settlement, object to this settlement, or file claims.

Prior to the Fairness Hearing, the Claims Administrator shall file and serve a sworn

statement attesting to compliance with the provisions of this paragraph.

12. The notice to be provided as set forth in the Stipulation of Settlement is hereby found

to be the best means practicable of providing notice under the circumstances and,

when completed, shall constitute due and sufficient notice of the proposed settlement

and of the Fairness Hearing to all persons and entities affected by and/or entitled to

participate in the settlement, in full compliance with applicable statutes and

Constitution of the state of California, due process, the Constitution of the United

States and all other applicable laws. The notices are accurate, objective, informative

and provide class members with all of the information necessary to make an informed

decision regarding their participation in the settlement and its fairness. 

13. Counsel for the respective parties are authorized to retain Gilardi and Company,

LLC, 3301 Kerner Blvd, San Rafael, CA 94901, as Class Claims Administrator in

accordance with the Stipulation of Settlement and this Order.

III. REQUESTS FOR EXCLUSION FROM THE SETTLEMENT CLASS

14. Any member of the settlement class who wishes to be excluded (“opt out”) from the

settlement class must send a written request for exclusion to the Court at the address

indicated in the Notice, postmarked on or before the Bar Date. The request for

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EM ILY R OB INSO N, e t al. v. SA CR AM EN TO CO UN TY , et al. USDC, Eastern District, Case No. CIV.S-04-1617 FCD DAD

KIM BERL Y KO ZLOWSK I, et al. v. SA CR AM EN TO CO UNTY , et a l. USDC, Eastern District, Case No. CIV.S-04-2381 FCD DAD

ORDER FOR PRELIMINARY APPROVAL OF SETTLEMENT OF CLASS ACTION [PROPOSED]

exclusion shall fully comply with requirements set forth in the Stipulation of

Settlement. Members of the settlement class may not exclude themselves by filing

requests for exclusion as a group or class, but must in each instance individually and

personally execute a request for exclusion and timely transmit it to the Court. 

15. Any member of the settlement class who does not properly and timely request

exclusion from the settlement class shall be bound by all of the terms and provisions

of the Stipulation of Settlement, including but not limited to the releases, waivers and

covenants described in the Stipulation of Settlement, whether or not such person

objected to the settlement and whether or not such person made a claim upon or

participated in, the Settlement Fund created pursuant to the Stipulation of Settlement.

IV. THE FAIRNESS HEARING

16. A hearing on final approval, the “Fairness Hearing,” is hereby scheduled to be held

before this Court on March 2, 2007, at 10:00 a.m., to consider the fairness,

reasonableness, and adequacy of the proposed settlement, the dismissal with

prejudice of these class action complaints with respect to the released parties herein,

and the entry of final judgment in the class action. Class counsel’s application for

award of attorney’s fees and costs shall be heard at the time of the Fairness Hearing.

17. The date and time of the Fairness Hearing shall be set forth in the Notice, but the

Fairness Hearing shall be subject to adjournment by the Court without further notice

to the members of the settlement class other than that which may be issued by the

Court. 

18. Any person who does not elect to be excluded from the settlement class may, but

need not, enter an appearance through his or her own attorney. Settlement class

members who do not enter an appearance through their own attorneys will be

represented by class counsel.

19. Any person who does not elect to be excluded from the settlement class may, but

need not, submit comments or objections to the proposed settlement. Any class

member may object to the proposed settlement, entry of the final order and judgment

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EM ILY R OB INSO N, e t al. v. SA CR AM EN TO CO UN TY , et al. USDC, Eastern District, Case No. CIV.S-04-1617 FCD DAD

KIM BERL Y KO ZLOWSK I, et al. v. SA CR AM EN TO CO UNTY , et a l. USDC, Eastern District, Case No. CIV.S-04-2381 FCD DAD

ORDER FOR PRELIMINARY APPROVAL OF SETTLEMENT OF CLASS ACTION [PROPOSED]

approving the settlement, and class counsel’s application for fees and expenses by

filing and serving a written objection.

20. Any class member making the objection (an “objector”) must sign the objection

personally. Any objection must state why the objector objects to the proposed

settlement and provide the basis to support such position. If an objector intends to

appear personally at the Fairness Hearing, the objector must include with the

objection a notice of the objector’s intent to appear at the hearing. 

21. Objections, along with any notice of intent to appear, must be filed with the Court no

later than February 16, 2007. If counsel is appearing on behalf of more than one

class member, counsel must identify each such class member and each class member

must have complied with the requirements of this order. These documents must be

filed with the clerk of the Court at the following address: United States District

Court, Eastern District of California, 501 I Street, Courtroom 2, Sacramento,

California 95814. 

22. Objections, along with any notice of intent to appear, must also be mailed to class

counsel and counsel for defendants at the addresses listed below:

Counsel for the class (“class counsel”) is as follows:

Mark E. Merin, Esq.

Law Office of Mark E. Merin

2001 P Street, Suite 100

Sacramento, CA 95814 

(916) 443-6911 - Telephone

(916) 447-8336 - Facsimile

Counsel for defendants is as follows:

Terence J. Cassidy, Esq.

Porter Scott Weiberg & Delehant 

P.O. Box 255428

Sacramento, CA 95865

(916) 929-1481- Telephone

(916) 927-3706- Facsimile

23. Only class members who have filed and served valid and timely notices of objection

shall be entitled to be heard at the Fairness Hearing. Any class member who does not

timely file and serve an objection in writing to the settlement, entry of final order and

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EM ILY R OB INSO N, e t al. v. SA CR AM EN TO CO UN TY , et al. USDC, Eastern District, Case No. CIV.S-04-1617 FCD DAD

KIM BERL Y KO ZLOWSK I, et al. v. SA CR AM EN TO CO UNTY , et a l. USDC, Eastern District, Case No. CIV.S-04-2381 FCD DAD

ORDER FOR PRELIMINARY APPROVAL OF SETTLEMENT OF CLASS ACTION [PROPOSED]

judgment, or to class counsel’s application for fees and expenses, in accordance with

the procedure set forth in the class notice and mandated in the order, shall be deemed

to have waived any such objection by appeal, collateral attack, or otherwise. 

24. Persons wishing to be heard at the Fairness Hearing are required to file written

comments or objections and indicate in their written comments or objections their

intention to appear at the Fairness Hearing. Settlement class members need not

appear at the hearing or take any other action to indicate their approval. 

25. All members of the settlement class who do not personally and timely request to be

excluded from the class are enjoined from proceeding against the defendants until

such time as the Court renders a final decision regarding approval of the settlement

and, if the settlement is approved, enters final judgment as provided in the Stipulation

of Settlement.

V. OTHER PROVISIONS

26. Upon approval of the settlement provided for in the Stipulation of Settlement, each

and every term and provision thereof shall be deemed incorporated herein as if

expressly set forth and shall have the full force and effect of an order of this Court.

27. Raul Ramirez, retired, United States District Court Judge, retired,is hereby appointed

to serve as Special Master to review and resolve certain disputes pursuant to the

terms of the Stipulation of Settlement.

28. All reasonable costs incurred in notifying members of the settlement class as well as

administering the Stipulation of Settlement shall be paid as set forth in the

Stipulation of Settlement.

IT IS SO ORDERED.

DATED: August 11, 2006

/s/ Frank C. Damrell Jr. 

HON. FRANK C. DAMRELL, JR.

JUDGE OF THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

Case 2:04-cv-02381-FCD-EFB Document 53 Filed 08/11/06 Page 7 of 7