Selene Prado v. Warehouse Demo Services, Inc. et al

Filing 143

ORDER AND FINAL JUDGMENT GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT 141 by Judge John F. Walter. IT IS HEREBY ORDERED, ADJUDGED AND DECREED ASFOLLOWS: The Court hereby awards to Class Counsel the amount of $1,275,000 for attorney' s fees, and the amount of $71,716.44 for costs. Based on Plaintiffs' Motion for Attorney's Fees and Costs, and Class Representative Incentive Payments, the Court finds that Class Counsel advanced legal theories on a contingent-fee basi s, and that their efforts resulted in a substantial monetary recovery for the Settlement Class in addition to meaningful non-monetary relief. The Court finds this payment to be fair and reasonable. The Claims Administrator is ordered to wire these funds to Class Counsel in accordance with the terms of the Settlement Agreement. (See attachment Judgment for further details). (MD JS-6, Case Terminated). (jp)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA
Case No. CV14-3170 JFW (Ex)
SELENE PRADO, and CINDY
CALAHAN, as individuals, and on behalf ORDER AND FINAL
JUDGMENT GRANTING FINAL
of all others similarly situated,
APPROVAL OF CLASS ACTION
SETTLEMENT
Plaintiff,
Judge: Hon. Judge John F. Walter
Date: November 2, 2015
vs.
Time: 1:30 p.m.
WAREHOUSE DEMO SERVICES, INC., Dept.: 16
a Washington Corporation; CLUB
DEMONSTRATION SERVICES, INC., a
Connecticut Corporation; and DOES 1
through 10,

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Defendants.

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ORDER AND FINAL JUDGMENT GRANTING FINAL APPROVAL

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This matter came on for hearing on November 2, 2015, at 1:30 p.m., in

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Department 16 of the United States District Court for the Central District of

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California before the Honorable John F. Walter. Due and adequate notice having

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been given to the Settlement Class (as defined below), and the Court having

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considered all papers filed and proceedings held herein, all oral and written

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comments and any objections received regarding the proposed settlement, having

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reviewed the record in the above captioned matter, and good cause appearing

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thereto,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS
FOLLOWS:
1.

The Court has jurisdiction over the subject matter of the above-

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captioned action (the “Action”), the Class Representatives, Defendants Warehouse

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Demo Services, Inc. and Club Demonstration Services, Inc. (collectively

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“Defendants”), and all members of the Subclasses, which are defined as follows

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(the Subclasses are collectively referred to herein as the “Settlement Class”):

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Rest Period Subclass: The “Rest Period Subclass” means all current and
former non-exempt employees of WDS who worked in California as a
Demonstrator and/or Lead (also referred to as Sales Advisor and/or Shift
Supervisor in or about 2014), and who have worked shifts longer than 6.0
hours, but shorter than 7.50 hours, in a workday from April 2, 2011, through
the date of Preliminary Approval.
CDS Rest Period Subclass: The “CDS Rest Period Subclass” means all
current and former non-exempt employees of CDS who worked in
California as a Demonstrator and/or Lead (also referred to as Sales Advisor
and/or Shift Supervisor in or about 2014) at locations that were previously
WDS prior to being acquired by CDS, and who have worked shifts longer
than 6.0 hours, but shorter than 7.50 hours in a workday from April 2, 2011,
through the date of Preliminary Approval.

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FLSA Overtime Subclass: The “FLSA Overtime Subclass” means all
current and former non-exempt employees of Defendants in the United
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ORDER AND FINAL JUDGMENT GRANTING FINAL APPROVAL

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States who have held the position(s) of Demonstrator and/or Lead (also
referred to as Sales Advisor and/or Shift Supervisor in or about 2014), and
who have worked over 40 hours in a workweek, and have earned a “We
Drive Sales” Bonus during a corresponding workweek, from April 24, 2011,
through the date of Preliminary Approval.
California Incentive Pay Subclass: The “California Incentive Pay
Subclass” means all current and former non-exempt employees of
Defendants who worked in California as a Demonstrator and/or Lead (also
referred to as Sales Advisor and/or Shift Supervisor in or about 2014), and
who have either: (a) worked over 8 hours in a workday, and/or (b) 40 hours
in a workweek, and/or (c) received a meal period premium, and who have
earned a “We Drive Sales” bonus during a corresponding time period, from
April 2, 2011, through the date of Preliminary Approval.
Waiting Time Penalty Subclass: The “Waiting Time Penalty Subclass”
means all members of the Rest Period Subclass, CDS Rest Period Subclass
and/or California Incentive Pay Subclass who separated their employment
between April 24, 2011, through the date of Preliminary Approval.

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Wage Statement Subclass: The “Wage Statement Subclass” means all
members of the Rest Period Subclass, CDS Rest Period Subclass and/or
California Incentive Pay Subclass who worked in California from April 24,
2013, through the date of Preliminary Approval.
PAGA Aggrieved Employees Subclass: The “PAGA Aggrieved
Employees Subclass” means all current and former non-exempt employees
of Defendants who worked in California as a Demonstrator and/or Lead
(also referred to as Sales Advisor and/or Shift Supervisor in or about 2014),
and who are also a member of the Rest Period Subclass, and/or CDS Rest
Period Subclass, and/or California Incentive Pay Subclass, and/or Waiting
Time Penalty Subclass, and/or Wage Statement Subclass from April 24,
2013, through the date of Preliminary Approval.

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2.

The terms “Settlement” or “Settlement Agreement” shall refer to the

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Settlement Agreement filed by the Class Representatives on April 6, 2015 (Docket

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Entry 131-2), and all terms herein shall have the same meaning as the terms

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defined in the Settlement Agreement, unless specifically provided herein.
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ORDER AND FINAL JUDGMENT GRANTING FINAL APPROVAL

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3.

The Court grants final approval of the Parties’ Settlement Agreement

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because it meets the criteria for final settlement approval. The settlement falls

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within the range of possible approval as fair, adequate and reasonable, appears to

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be the product of arm’s-length and informed negotiations, and treats all members

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of the Settlement Class fairly.

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4.

The Court finds that the distribution by U.S. first-class mail of the

Class Notices and Opt-in Form constituted the best notice practicable under the
circumstances to all persons within the definition of the Settlement Class and fully
met the requirements of due process under the United States Constitution and

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applicable state law. Based on evidence and other material submitted in
conjunction with the Final Approval Hearing, the Notice to the Settlement Class
was adequate. The Notices informed members of the Settlement Class of the terms
of the Settlement, their right to object to the Settlement or Class Counsel’s Motion

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for Attorney’s Fees and Costs and the Class Representatives’ Incentive Payments,

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their right to appear in person or by counsel at the Final Approval Hearing and be

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heard regarding approval of the Settlement and Class Counsel’s motion for

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Attorney’s Fees and Costs and the Class Representatives’ Incentive Payments,

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their right to exclude themselves from the Settlement and pursue their own

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remedies, and the right of FLSA Overtime Subclass members to opt-in to the

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Settlement. Adequate periods of time were provided by each of these procedures.

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No members of the Settlement Class objected to the Settlement or Class Counsel’s

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motion for Attorney’s Fees and Costs and the Class Representatives’ Incentive

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Payments, and only 18 Settlement Class members opted out of the Settlement.

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5.

The Court finds, for purposes of settlement only, that the Settlement

Class satisfies the applicable standards for certification under Federal Rules 23(a),
23(b)(3) and the Fair Labor Standards Act. Accordingly, solely for purposes of
effectuating this Settlement, this Court has certified the Settlement Class, as
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ORDER AND FINAL JUDGMENT GRANTING FINAL APPROVAL

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defined above. Because the Settlement Class is being certified here for settlement

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purposes only, the Court need not (and does not) address the manageability

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requirement of Rule 23(b)(3). See Amchem Products, Inc. v. Windsor, 521 U.S.

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591 (1997).

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6.

The Court approves the Settlement, and each of the releases and other

terms set forth in the Settlement Agreement, as fair, just, reasonable and adequate
as to the Settlement Class, the Class Representatives, and Defendants (collectively
the “Settling Parties”). The Settling Parties and the Claims Administrator are
directed to perform in accordance with the terms set forth in the Settlement

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Agreement.
7.

Except as to any member of the Settlement Class who has validly and

timely opted out of the Settlement, and all Settlement Class members who are
solely members of the FLSA Overtime Subclass and who did not opt-in, all of the

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claims asserted in the Action are dismissed with prejudice as to the Class

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Representatives and the members of the Settlement Class. The Settling Parties are

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to bear their own attorney’s fees and costs, except as otherwise provided in the

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Settlement Agreement.

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8.

By this Judgment, the Class Representatives and Settlement Class

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members who have not validly and timely opted out of the Settlement, and all

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FLSA Overtime Subclass members who have affirmatively opted-in (collectively

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the “Releasing Members”), hereby release Defendants and the Released Parties (as

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defined in the Settlement Agreement) from the Settled Claims (as defined in the

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Settlement Agreement).

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9.

By this Judgment, the Releasing Members and Class Counsel shall be

deemed to have released all claims for attorney’s fees and costs incurred in
connection with the litigation and settlement of the Action.

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ORDER AND FINAL JUDGMENT GRANTING FINAL APPROVAL

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10.

The Action is dismissed on the merits and with prejudice,

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permanently barring the Releasing Members from prosecuting any of the Released

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Claims. The Court reserves and retains exclusive and continuing jurisdiction over

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the Action, the Class Representative, the Settlement Class, and Defendants for the

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purposes of supervising the implementation, effectuation, enforcement,

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construction, administration and interpretation of the Settlement Agreement and

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this Judgment.
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The Court finds that the plan of allocation for the shares of the Gross

Settlement Sum as set forth in the Settlement Agreement is fair and reasonable and

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that distribution of the Net Settlement Sum to the Settlement Class shall be done in
accordance with the terms outlined in the Notices and Settlement Agreement.
12.

The Court hereby confirms the appointment of Selene Prado and

Cindy Calahan as Class Representatives for the Settlement Class for purposes of
settlement.
13.

The Court hereby confirms the appointment of Hernaldo J. Baltodano

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of Baltodano & Baltodano LLP, and Paul K. Haines and Fletcher W. Schmidt of

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Boren, Osher & Luftman LLP as Class Counsel for the Settlement Class for

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purposes of settlement and the releases and other obligations therein.

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14.

Defendants have agreed for the Claims Administrator to pay from the

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Gross Settlement Sum: (i) the Claims Administrator its reasonable fees for its

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services; and (ii) the Incentive Payments to the Class Representatives to reimburse

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them for their valuable services to the Settlement Class. The Court hereby

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approves the payment of settlement administration costs in the amount of $55,000

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to CPT Group, Inc., the Claims Administrator, for services rendered in this matter.

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The Court also approves the Incentive Payments to Class Representative Prado in
the amount of $10,000, and to Class Representative Calahan in the amount of
$5,000 to reimburse the Class Representatives for their valuable services in
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ORDER AND FINAL JUDGMENT GRANTING FINAL APPROVAL

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initiating and maintaining this litigation and the benefits conferred onto the

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Settlement Class and Defendants’ current and future employees as a result of the

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Action. The Court finds that these payments are fair and reasonable. The Claims

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Administrator is directed to make the foregoing payments in accordance with the

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terms of the Settlement Agreement.

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15.

The Court hereby awards to Class Counsel the amount of $1,275,000

for attorney’s fees, and the amount of $71,716.44 for costs. Based on Plaintiffs’
Motion for Attorney’s Fees and Costs, and Class Representative Incentive
Payments, the Court finds that Class Counsel advanced legal theories on a

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contingent-fee basis, and that their efforts resulted in a substantial monetary
recovery for the Settlement Class in addition to meaningful non-monetary relief.
The Court finds this payment to be fair and reasonable. The Claims Administrator
is ordered to wire these funds to Class Counsel in accordance with the terms of the
Settlement Agreement.
16.

This document shall constitute a judgment for purposes of Rule 58 of

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the Federal Rules of Civil Procedure.

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IT IS SO ORDERED.

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Dated: November 2, 2015

_____________________________
The Honorable John F. Walter
United States District Judge

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ORDER AND FINAL JUDGMENT GRANTING FINAL APPROVAL