IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

MICHAEL MAKANEOLE, individually 

and on behalf of all similarly situated, 

Plaintiff, 

v. 

SOLARWORLD INDUSTRIES 

AMERICA, INC.; SOLARWORLD 

INDUSTRIES AMERICA, LP; 

SOLARWORLD INDUSTRIES 

SERVICES, LLC; SOLARWORLD 

POWER PROJECTS, INC., 

RANDSTAD PROFESSIONALS US, 

LP, and KELLY SERVICES, INC., 

Defendants. 

3:14-CV-01528-PK 

FINDINGS AND ORDER 

PRELIMINARILY CERTIFYING 

A CLASS FOR SETTLEMENT 

PURPOSES AS TO DEFENDANT 

RANDSTAD ONLY, 

PRELIMINARILY APPROVING 

PROPOSED SETTLEMENT, 

APPROVING FORM AND 

DISSEMINATION OF CLASS 

NOTICE, AND SETTING DATE 

FOR SETTLEMENT APPROVAL 

HEARING 

This matter has come before the Coutt on Plaintiffs Motion for Preliminary Approval 

and for certification of a Settlement Class pursuant to the terms in the Stipulation and Settlement 

Agreement of Class Action Claims as to Defendant Randstad US, LP1 Only ("Settlement" or 

"Settlement Agreement"). The Court has received and reviewed the Settlement Agreement. 

The proposed Settlement expressly excludes any and all other Defendants besides 

Randstad. As used herein, "Parties" refers only to Plaintiff and Defendant Randstad. 

Certification of the claims advanced by the Settlement Class will achieve a definite and certain 

result for the benefit of the Settlement Class and is preferable to continuing litigation in which 

the Settlement Class would necessarily encounter substantial risk, uncertainty, delay, and cost. 

This Order is entered exclusively for purposes of this Settlement with Randstad. 

Preliminarily, this Comt finds that the following terms and conditions shall apply to this 

Order: 

1 Defendant Randstad US, LP was incorrectly sued as Randstad Professionals US, LP. 

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1. This Order is a conditional certification for Settlement purposes only as to 

Defendant Randstad. This Order is not intended to affect any other Defendant named in this 

Litigation. 

2. This Order is not intended to be an admission by Randstad that class cettification for 

any purpose other than this Settlement is proper in this Action or in any other litigation against 

Randstad. Randstad continues to assert that this Action fails to meet the prerequisites necessary 

for class treatment under applicable law. Plaintiff disagrees and continues to assett that the 

claims asserted meet the prerequisites necessary for class treatment. 

3. Other than to effectuate the Settlement of this Action in this jurisdiction, the 

certification of the Settlement Class for Settlement purposes and all documents related thereto, 

including the Settlement Agreement and all accompanying exhibits and all orders entered by the 

Court in connection with the Settlement Agreement, shall not be referred to nor shall they be 

admissible as evidence in this Action or in any judicial, arbitral, administrative, investigative, or 

other court, tribunal, forum or other proceeding, including any wage and hour or other litigation 

against Randstad. 

4. The Settlement resulted from extensive arm's-length negotiations, the Settlement 

Agreement was executed only after Plaintiffs Counsel had conducted extensive investigation 

and discovery, with a motion for class cettification pending, and the Settlement evidenced by the 

Settlement Agreement is sufficiently fair, reasonable, and adequate to warrant sending notice of 

the Settlement to the Settlement Class. 

5. The Settlement Agreement pursuant to which this Order is entered contains a 

claims process by which Settlement Class Members may submit a Claim Form that provides for 

payment. 

6. If for any reason this Court does not approve the Settlement Agreement, or if the 

Settlement Effective Date as defined in the Settlement Agreement does not occur, this order 

certifying a Settlement Class for settlement purposes shall be deemed null and void without 

further action by this Court or any of the Parties, and shall be without prejudice to the rights of 

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the Parties, all of whom shall be restored to their respective positions existing immediately 

before this Court entered this Order. In such circumstances each Party shall retain all of their 

respective rights to seek or to object to the certification of this Action as a class action under 

Federal Rule of Civil Procedure 23 or any other statute, law, or provision, and to contest and 

appeal any grant or denial of certification in this litigation or in any other litigation on any other 

grounds. 

In accordance with the foregoing terms, conditions and purpose, this Coutt ORDERS as 

follows: 

1. The Settlement Class meets the requirements of Rule 23 of the Federal Rules of 

Civil Procedure. The Settlement Class is certified for purposes of Settlement only and as used 

herein consists of: 

Named Plaintiff Michael Makaneole all current and former temporary employees of 

Randstad's who were assigned to SolarWorld's Hillsboro, Oregon manufacturing facility 

and paid an hourly wage, and who worked in a non-exempt position for Randstad at any 

time during the Class Period. 

2. For purposes of Settlement only, the Coutt preliminarily finds: 

a. Pursuant to Rule 23(a)(l), Settlement Class Members are sufficiently 

numerous that joinder of all members would be impracticable. 

b. Pursuant to Rule 23(a)(2), there exist questions oflaw and fact that are 

common to the claims of the Settlement Class Members. 

c. Pursuant to Rule 23(a)(3), the claims or defenses of the Plaintiff are 

typical of the claims of the Settlement Class Members. 

d. Pursuant to Rule 23(a)(4), that Plaintiff will fairly and adequately protect 

the interests of the Settlement Class in that (i) the interests of Plaintiff and the 

nature of their alleged claims are consistent with those of the Settlement Class, (ii) 

there appear to be no conflicts between or among Plaintiff and the Settlement 

Class, and (iii) Plaintiff and the Settlement Class are represented by qualified, 

reputable counsel at Schuck Law, LLC who are experienced in preparing and 

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prosecuting wage and hour class actions. 

e. Pursuant to Rule 23(b)(3), questions of law or fact common to the claim or 

defense of Plaintiff and the claim or defense of each Settlement Class Member 

predominate over any question oflaw or fact affecting only individual Settlement 

Class Members, and class representation is superior to other available methods for 

the fair and efficient adjudication of the controversy. 

3. The "Class Period" as used herein means the period of time from August 26, 2008 

through and including August 26, 2014. 

4. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Court appoints 

Plaintiff Michael Makaneole as the Class Representative. 

5. Pursuant to this Order, certification is for settlement purposes and consisting of 

claims arising from the following conduct, irrespective of the patiicular common law, statutory 

or equitable doctrine or theory advanced in support of the claim or claims: regular and overtime 

wages and penalties allegedly not fully paid due to the "5 Minute Rule" and/or short meal 

periods, and penalty wages resulting from all wages not being timely paid at the end of 

employment. 

6. Pursuant to Rule 23(g) of the Federal Rules of Civil Procedure, the Court appoints 

the following counsel as Class Counsel: David A. Schuck, Stephanie J. Brown, and Karen A. 

Moore of the Schuck Law firm. The attorneys at Schuck Law are capable of fairly and 

adequately representing the interests of the Settlement Class, in that they have done extensive 

work identifying or investigating potential claims in the action. The Schuck Law firm is 

experienced in handling class actions and claims of the type asserted in the Action; is 

knowledgeable of the applicable law; and has committed the necessary resources to represent the 

Settlement Class. 

7. The Parties have agreed, subject to Couti approval, to a proposed form ofNotice, 

which is Exhibit 1 to the Settlement Agreement. The Court finds that the form of notice meets 

the requirements of due process and provides the best notice practicable under the circumstances 

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and shall constitute due and sufficient notice to all persons entitled thereto. 

8. The Patties have agreed, subject to Court approval, to proposed detailed notice 

procedures as outlined in the Settlement Agreement for providing notice to Settlement Class 

Members. The Comt finds that the notice procedures in the Settlement Agreement are fair, 

adequate and reasonable for providing the best notice practicable to Settlement Class Members. 

The Court appoints Rust Consulting as "Settlement Administrator" to administer the Settlement 

in accordance with this Order and the requirements set forth in the Settlement Agreement. 

9. Any Settlement Class Member who wishes to object to the Settlement Agreement, 

to the proposed award of attomeys' fees, to the proposed reimbursement of costs and expenses, 

or to any request for compensation for the Plaintiff may file an Objection. Objectors or their 

attomeys intending to appear at the Settlement Approval Hearing must include a statement with 

the objection that they intend to appear. Any objector or their counsel who does not timely file 

and serve a written objection complying with the requirements in the Settlement Agreement shall 

be deemed to have waived, and shall be foreclosed from raising any objection to the Settlement, 

and any untimely objection shall be barred. 

10. Subject to final approval, the Court finds the Class Representative Service Award 

and Attomey Fees and Cost Award are fair and reasonable in light of claims asserted against 

Randstad, the procedural posture of the Litigation, and the experience of the attomeys at Schuck 

Law in class action litigation. 

11. By minute order, the Court shall set a Settlement Approval hearing date and time 

to dete1mine, among other things: 

a. Whether the Settlement should be given final approval as fair, reasonable 

and adequate; 

b. Whether the litigation as to any claims asserted against Randstad should 

be dismissed with prejudice pursuant to the terms of the Settlement; 

c. Whether Class Counsel's request for an award of attomeys' fees and 

reimbursement for costs and expenses should be approved; and 

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d. Whether the Class Representative Service Award to Plaintiff should be 

approved. 

12. The Court reserves the right to continue the Settlement Approval Hearing without 

further written notice. 

13. The Court finds that the deadlines and timing of events as detailed in the 

Settlement Agreement are fair, reasonable and adequate. The Court incorporates those deadlines 

and the timing of events detailed in the Settlement Agreement in this Order as if each were set 

fmih herein. If during the administration of the settlement the Settlement Administrator is 

unable to meet any of the deadlines in the Settlement Agreement, the Settlement Administrator 

shall immediately notify the Parties' counsel and work to comply with the tasks in a reasonable 

time as to avoid unreasonable delay. 

14. The Court finds that a stay of all proceedings, including but not limited to the 

pending motion for class certification, between Plaintiff and Randstad is reasonable for purposes 

of the Settlement, settlement administration, and notice procedures. This stay of proceedings 

does not apply to Plaintiffs prosecution of separate claims against the SolarWorld defendants. 

15. While the Parties represent that they are not aware of any other actions pending 

against Randstad by Class Members for unpaid wages due to work performed at the SolarWorld 

Oregon facility, the Parties request that the Cami enjoin Class Members from initiating or 

prosecuting any proceeding on any claim to be released under the Settlement Agreement. The 

Court finds this reasonable for purposes of the Settlement, settlement administration and notice 

procedures. This does not apply to Plaintiffs prosecution of separate claims against the 

SolarWorld defendants. 

16. This Order shall not be construed or used as an admission, concession, or 

declaration by or against Randstad of any fault, wrongdoing, breach, or liability. This Order 

shall not be construed or used as an admission, concession, or declaration by or against Plaintiff 

or the Settlement Class that their claims lack merit or that the relief requested in the Litigation is 

inappropriate, improper or unavailable. Nor shall it be construed as a waiver by any party of any 

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arguments, defenses, or claims he, she, or it may have, including, but not limited to, any 

objections by Randstad to class certification in the event that the Settlement Agreement is 

terminated. 

17. The Court hereby retains jurisdiction for purposes of implementing the Settlement 

Agreement, and reserves the power to enter additional orders to effectuate the fair and orderly 

administration and consummation of the Settlement Agreement as may from time to time be 

appropriate and to resolve any and all disputes arising thereunder. 

18. Nothing in the Settlement between Plaintiff and Randstad or this Preliminary 

Approval Order shall in any way, directly or indirectly, affect the claims and rights of Plaintiff 

and any class member as to any other Defendant in this case, except for Defendant Randstad. 

IT IS SO ORDERED. 

DATED this2F5tlay of ~-~~--T,-- 0t12\rcb '2018. 

United States Magistrate Judge 

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