IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

MICHAEL MAKANEOLE, individually 

and on behalf of all similarly situated, 

Pl11intiff, 

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 

ORDER AND FINAL 

JUDGMENT APPROVING 

SETTLEMENT OF CLASS 

ACTION AS TO DEFENDANT 

RANDSTAD PROFESSIONALS 

US, LP (ONLY) 

This matter came before this Court on the Plaintiffs Motion for Final Approval of 

Settlement ("Final Approval Motion")f;,i 1 !>) , 

WHEREAS, the Comi has received and reviewed the Settlement Agreement entered into 

between the Plaintiff as the Class Representative, on the one hand, and Randstad US, LP 

("Randstad"), on the other hand (the "Settlement Agreement"), and has considered the tenns of 

the proposed settlement set forth therein (the "Settlement"); 

WHEREAS, all terms contained herein shall have the same meanings as set forth in the 

Settlement Agreement, unless otherwise defined herein; 

WHEREAS, on March 21, 2018, the Comi entered its order preliminarily approving the 

settlement of this class action, approving the foim and method of notice, and setting a date and 

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time for a Settlement Approval hearing to consider whether the Settlement should be finally 

approved by the Court pursuant to Rule 23( e) of the Federal Rules of Civil Procedure as fair, 

adequate, and reasonable (the "Preliminary Approval Order"); 

WHEREAS, the Court's Preliminary Approval Order reflects the claims ce1iified solely 

for settlement purposes and the scope of the Settlement Class as to Defendant Randstad only; 

WHEREAS, the Preliminary Approval Order fmiher directed that all Settlement Class 

Members be given notice of the Settlement and of the date for the Settlement Approval hearing; 

WHEREAS, the Court has received a declaration of Abigail Schwartz on behalf of Rust 

Consulting, Inc., the appointed Settlement Administrator, attesting to notice procedures in 

substantial accordance with the Preliminary Approval Order and Settlement Agreement; 

WHEREAS, the Court having considered that no objections to the Settlement were filed; 

WHEREAS, the Comi having conducted a final fairness hearing on June 19, 2018 (the 

"Settlement Approval Hearing"), and having considered the arguments presented, all papers filed 

and all proceedings had therein; 

and 

WHEREAS, the full 90 days required by CAF A under 28 USC § 1715( d) having expired 

on July 22, 2018 and the Court having received no comment or inquiry from the Oregon Bureau 

of Labor and Industries or the US Depmiment of Justice; 

IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 

1. The Court has jurisdiction over the subject matter of this action, all Settlement 

Class Members, who have not timely requested exclusion, and Defendant Randstad. 

2. In accordance with Rule 23 of the Federal Rules of Civil Procedure and the 

requirements of due process, all Settlement Class Members have been given proper and adequate 

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notice of the Settlement. Based upon the evidence submitted by the Parties, the Settlement 

Agreement, the arguments of counsel, and all the files, records and proceedings in this case, the 

Comi finds that the Notice and notice methodology implemented pursuant to the Settlement 

Agreement and the Couti's Preliminary Approval Order (a) constituted the best practicable 

notice under the circumstances; (b) constituted notice that was reasonably calculated, under the 

circumstances, to apprise Settlement Class Members of the pendency of the litigation, their right 

to object to the Settlement, and their right to appear at the Settlement Approval Hearing; ( c) were 

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

and (d) met all applicable requirements of Rule 23 of the Federal Rules of Civil Procedure, and 

any other applicable law. 

3. The Settlement Agreement in this action warrants final approval pursuant to Rule 

23(e) of the Federal Rules of Civil Procedure because it is fair, adequate, and reasonable to those 

it affects; resulted from extensive good-faith arm's length negotiations between the patties; and 

is in the public interest considering the following factors 

(a) the strength of the Plaintiffs case as to the claims asserted against Randstad; 

(b) the risk, expense, complexity and likely duration of further litigation; 

( c) the risk of maintaining class action status against Randstad throughout the 

trial; 

( d) the amount offered in settlement; 

( e) the extent of discovery completed, and the stage of the proceedings; 

(f) the experience and views of counsel; 

(g) the presence of a governmental participant; and 

(h) the reaction of the class members to the proposed settlement. 

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Torrisi v. Tucson Elec. Power Co., 8 F.3d 1370, 1375 (9111 Cir. 1993). Settlements that follow 

sufficient discovery and genuine arms-length negotiation are presumed fair. Hanlon v. Chrysler 

Corp., 150 F.3d 1011, 1026 (91h Cir. 1998). 

4. The Final Approval Motion is hereby GRANTED, and the Settlement Agreement 

is hereby APPROVED as fair, reasonable, adequate, and in the public interest, and the terms of 

the Settlement Agreement are hereby determined to be fair, reasonable and adequate, for the 

exclusive benefit of the Settlement Class Members. The Pmiies are directed to consummate the 

Settlement Agreement in accordance with its terms. 

5. The Comi APPROVES payment of the Settlement Amount in accordance with 

the terms of the Settlement Agreement. 

6. The Court AW ARDS payment of Class Representative Service Award to Michael 

Makaneole in the amount of$8,000.00. 

7. The Comi AW ARDS payment o~orney Fees to Schuck Law, LLC as Class 

~::<,77; 2.. 9J. <S 

Counsel in the amount of $283;9B&.-e6 and costs a d expenses in the amount of $38,610.17 

(collectively "Attorney Fee and Cost Award"). 

8. The allocation of funds as provided in the Settlement Agreement up to the 

Maximum Settlement Liability Amount is APPROVED as fair, adequate, and reasonable. The 

Settlement Amount, Class Representative Service Award, Attorney Fee and Cost Award, 

payment of the settlement administrator and Settlement Awards to all Approved Claimants shall 

be distributed in accordance with the te1ms and deadlines of the Settlement Agreement and any 

further orders of this Court. 

9. The Litigation is DISMISSED WITH PREJUDICE regarding m1y and all claims 

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asse1ied against Defendant Randstad US, LP, 1 and without costs other than as specified in the 

Settlement Agreement and this Order. 

10. In consideration of the Class Settlement Amount, and for other good and valuable 

consideration, each of the Settlement Class Members, including those who did not submit valid 

and timely requests for exclusion, shall have fully, finally, and forever released, relinquished, 

and discharged all Released Claims against Randstad and Releasees in accordance with the 

Settlement Agreement. 

11. This Judgment is the Final Judgment in the suit as to all Settlement Class 

Members. 

12. Without affecting the finality of this Judgment in any way, this Comi retains 

jurisdiction over (a) implementation of the Settlement and the terms of the Settlement 

Agreement; (b) distribution of the Class Settlement Amount, the Class Representative Incentive 

A wards, and the Attorneys' Fees and Costs Amount; and ( c) all other proceedings related to the 

implementation, interpretation, administration, consummation, and enforcement of the te1ms of 

the Settlement Agreement and/or the Settlement, and the administration of Claims by Settlement 

Class Members. The time to appeal from this Judgment shall commence upon its entry. 

13. In the event that the Effective Date, as defined in the Settlement Agreement, does 

not occur, this Judgment shall be rendered null and void and shall be vacated, nunc pro tune, 

except insofar as expressly provided to the contrary in the Settlement Agreement, and without 

prejudice to the status quo ante rights of Plaintift: Settlement Class Members, and Randstad. 

14. This Co mi finds that there is no just reason for delay and expressly directs 

Judgment and immediate entry by the Clerk of the Court. 

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

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15. Nothing in the Settlement between Plaintiff and Randstad, this Court's 

Preliminary Approval Order, or this Order and Final Judgment 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 this '2-':i 

44191986v.l 

day of July, 2018. 

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