Toolajian v. Air Methods Corporation

Background

Evan Toolajian filed the action on behalf of himself and other similarly situated people against Air Methods Corporation. The settlement class consisted of all current and former pilots employed by Air Methods Corporation in California at any time from September 20, 2014, through April 24, 2020. The opinion does not describe the underlying claims or the settlement’s total amount.

Settlement Approval

The court granted final approval of the amended settlement agreement. It found that the settlement was within the range of possible approval, fair, adequate, and reasonable; resulted from informed, arm’s-length negotiations; and treated class members fairly.

The court approved distribution of the class notice by first-class mail as the best notice practicable under the circumstances and found that the notice satisfied due process and applicable state-law requirements. The notice informed class members about the settlement, their right to object, their right to appear at the final approval hearing, and their right to exclude themselves from the settlement and pursue their own remedies.

The court certified the class solely for purposes of carrying out the settlement under Federal Rule of Civil Procedure 23(a) and 23(b)(3). Because the certification was only for settlement purposes, the court did not address the manageability requirement of Rule 23(b)(3).

Dismissal and Release

The court approved the settlement, the released claims, and the other settlement terms. Except for class members who had validly and timely opted out, all claims asserted in the action were dismissed with prejudice. The participating class members released Air Methods Corporation and the other released parties from the released claims defined in the settlement agreement. The court stated that the action was dismissed on the merits and with prejudice, permanently barring participating class members from pursuing the released claims.

The court retained exclusive and continuing jurisdiction to supervise and enforce the settlement agreement and judgment. It appointed Toolajian as class representative and Hunter Pyle, Monique Olivier, and Katharine Chao as class counsel for settlement purposes.

Fees, Costs, and Service Award

The court approved $7,000 in settlement-administration costs payable to Simpluris, Inc., and a $10,000 service award to Toolajian. It also awarded class counsel $490,000 in attorneys’ fees and $12,406.54 in costs, finding those amounts fair and reasonable. The order constituted a judgment under Federal Rule of Civil Procedure 58.

Ruling

Judge Alex G. Tse approved the class settlement, settlement-only class certification, allocation plan, payments, and attorneys’ fees and costs, and entered judgment dismissing the asserted claims with prejudice for participating class members.