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SHAUN SETAREH (SBN 204514) 

shaun@setarehlaw.com

THOMAS SEGAL (SBN 222791) 

thomas@setarehlaw.com

SETAREH LAW GROUP 

9454 Wilshire Boulevard, Suite 907 

Beverly Hills, California 90212 

Telephone: (310) 888-7771 

Facsimile: (310) 888-0109 

Attorneys for Plaintiff, 

MARCUS CHISM 

Case No. 3:17-cv-00152-VC 

[PROPOSED] ORDER GRANTING FINAL 

APPROVAL OF CLASS ACTION 

SETTLEMENT; AWARD OF ATTORNEY 

FEES AND EXPENSES, SETTLEMENT 

ADMINISTRATOR EXPENSES, AND CLASS 

REPRESENTATIVE SERVICE AWARD 

Date: September 6, 2018 

Time: 10:00am 

Place: Courtroom 4, 17th Floor 

MARCUS CHISM, on behalf of himself, all 

others similarly situated, 

Plaintiffs, 

v. 

PEPSICO, INC., a North Carolina 

Corporation; FRITO-LAY, INC., a Delaware 

Corporation; FIRST ADVANTAGE 

BACKGROUND SERVICES CORP., a 

Florida Corporation; and DOES 1 to 100, 

Inclusive, 

Defendants. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

1 Case No. 3:17-cv-00152-VC 

[PROPOSED] ORDER 

Case 3:17-cv-00152-VC Document 95-6 Filed 07/09/18 Page 1 of 3
1 Plaintiffs Motion for Final Approval of Class Action Settlement came for hearing before 

2 this Court on September 6, 2018. The Court hereby determines and orders as follows: 

3 1. The Settlement Agreement is hereby finally approved. 

4 2. The Court finds that the proposed Settlement is "fair, reasonable and adequate" 

5 based on the value of the claims in the case, the monetary value of the proposed settlement and the 

6 risks that the plaintiffs would face in proceeding with litigation. The Settlement was arrived at after 

7 sufficient investigation and discovery and was based on a mediator's proposal from an experienced 

8 mediator. It appears that the settlement negotiations were at arms-length. 

9 3. The Court finds that the Notice Plan approved (as modified by the Court including 

10 the addition of email notice) has been fully implemented. The Notice Plan complies with F.R.C.P. 

11 23(c)(2)(B). It constituted the best practicable notice; was reasonably calculated, under the 

12 circumstances to inform Settlement Class Members of the pendency of this case, and of their right 

13 to exclude themselves or object to the Settlement and to appear at the Final Approval Hearing; and 

14 was reasonable and constituted due, adequate, and sufficient notice to all persons entitled to receive 

15 notice. 

16 4. The Court finds and determines that the Class, as conditionally certified by the 

17 Preliminary Approval Order meets all of the legal requirements for class certification for settlement 

18 purposes only under F.R.C.P. 23(a) and 23(b)(3) and it is hereby ordered that the class is finally 

19 certified for settlement purposes. 

20 5. Without affecting the fmality of this order in any way, the Court retains jurisdiction 

21 of all matters relating to the interpretation, administration, implementation, effectuation and 

22 enforcement of this order and the Settlement. 

23 5. The Parties and the Settlement Administrator will comply with all obligations under 

24 the Settlement Agreement. 

25 6. Upon completion of the administration of the Settlement, the Settlement 

26 Administrator will provide written certification of such completion to the Court and counsel to the 

27 parties with information on the amount paid to Class Members, the number of cashed and uncashed 

28 checks, the amount paid to the cy pres recipient and any issues related to the settlement 

2 Case No. 3:17-cv-00152-VC 

[PROPOSED] ORDER 

Case 3:17-cv-00152-VC Document 95-6 Filed 07/09/18 Page 2 of 3
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administration, and how any issues were addressed or resolved. 

7. The Court finds that the proposed service award is fair reasonable and adequate and 

orders an award of $5000 to be paid out of the Settlement Fund to Marcus Chism. 

8. The Court awards to Class Counsel attorney's fees in the amount of $800,000 to be 

paid out of the Settlement Fund pursuant to the parties' agreement. Consistent with the Settlement 

Agreement, this award is contingent upon all class members who do not request exclusion each 

being mailed a check of at least $40 each in the first settlement distribution. If it is necessary to 

reduce the attorney fee award to ensure that all class members who do not request exclusion are 

mailed a check of at least $40 each in the first settlement distribution, the award will be reduced 

accordingly. 

9. Noting that the Ninth Circuit's benchmark for percentage-of-the recovery awards is 

25% the Court finds that the attorneys' fee award is fair and reasonable based upon the following 

factors: (1) the results obtained in the case are excellent in comparison to settlements in similar 

cases; (2) the considerable risk at the outset of the case that Class Counsel would recover nothing 

given the presence of an arbitration agreement and the uncertain and evolving case law surrounding 

the FCRA; (3)the fmancial burden taken on by Class Counsel in litigating the case on a contingent 

basis. 

10. The Court awards Class Counsel's litigation expenses in the amount of $25,308.53. 

Counsel have adequately documented these expenses, all of which are compensable litigation 

expenses that were advanced for the benefit of the Class. 

11. The Court awards the Settlement Administrator KCC settlement administration 

expenses in the amount of $110,000. 

Dated: 

3 Case No. 3:17-cv-00152-VC 

[PROPOSED] ORDER 

The Honorable Vince Chhabria 

Case 3:17-cv-00152-VC Document 95-6 Filed 07/09/18 Page 3 of 3