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

[PROPOSED] ORDER

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

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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.

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

AMENDED [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

Case 3:17-cv-00152-VC Document 102 Filed 09/11/18 Page 1 of 4
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2 Case No. 3:17-cv-00152-VC

[PROPOSED] ORDER

Plaintiff’s Motion for Final Approval of Class Action Settlement came for hearing before 

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

1. The Settlement Agreement is hereby finally approved.

2. The Court finds that the proposed Settlement is “fair, reasonable and adequate” 

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

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

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

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

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

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

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

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

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

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

notice.

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

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

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

certified for settlement purposes.

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

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

enforcement of this order and the Settlement.

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

the Settlement Agreement.

6. 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.

7. The Court awards to Class Counsel attorney’s fees in the amount of $600,000 to be 

paid out of the Settlement Fund. Consistent with the Settlement Agreement, this award is 

Case 3:17-cv-00152-VC Document 102 Filed 09/11/18 Page 2 of 4
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3 Case No. 3:17-cv-00152-VC

[PROPOSED] ORDER

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. 

8. Noting that the Ninth Circuit’s benchmark for percentage-of-the recovery awards is 

25% the Court finds that a 25% 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 financial burden taken on by Class Counsel in litigating the case on a contingent 

basis.

9. 10% of the attorney fee award will be held back pending the filing of a Notice of 

Completion of Duties by Class Counsel along with accompanying declarations from Class Counsel 

and the Settlement Administrator, after substantially all of the settlement payments have been 

distributed and administration of the settlement is substantially complete. The notice should 

explain in detail when payments were made to class members, the number of members who were 

sent payments, the total amount of money paid out to members, the number of cashed and 

uncashed checks, the number of members who could not be contacted (if any), any significant or 

recurring concerns communicated by members to the settlement administrator and counsel since 

final approval, and any other issues in settlement administration since final approval, and how any 

concerns or issues were resolved. Class Counsel are expected to diligently supervise the 

administration of the settlement and remain in close contact with the settlement administrator. 

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.

//

//

//

Case 3:17-cv-00152-VC Document 102 Filed 09/11/18 Page 3 of 4
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4 Case No. 3:17-cv-00152-VC

[PROPOSED] ORDER

11. The Court awards the Settlement Administrator KCC settlement administration 

expenses in the amount of $110,000.

Dated:

The Honorable Vince Chhabria

September 11, 2018

Case 3:17-cv-00152-VC Document 102 Filed 09/11/18 Page 4 of 4