Santos A. Martinez et al v. Anning-Johnson, Inc. et al

Filing 85

JUDGMENT AND ORDER GRANTING FINAL APPROVAL OF CLASS ACTION/COLLECTIVE ACTION SETTLEMENT AND AWARDING ATTORNEY'S FEES, COSTS, AND ENHANCEMENT AWARDS by Judge George H. King (MD JS-6, Case Terminated). (bm)

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AUG - 3 2016

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CASE NO.2:14-cv-06325-GHK(Ex)

SANTOS A. MARTINEZ and RAMON
FLORES VALDEZ on behalf of
13 themselves, all others similarly situated,
and the general public,
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JUDGMENT AND ORDER
GRANTING FINAL APPROVAL OF
CLASS ACTION/COLLECTIVE
ACTION SETTLEMENT AND
AWARDING ATTORNEYS'FEES,
COSTS,AND ENHANCEMENT
AWARDS

Plaintiffs,

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vs.
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18 ANNING-JOHNSON COMPANY,a

Delaware corporation; and DOES 1-10,
19 inclusive,
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Defendants.
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22 ENRIQUE OROZCO,individually and
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on behalf of all others similarly situated,

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Plaintiffs,

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2 ANNING-JOHNSON COMPANY,a
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Delaware Corporation, and DOES 1-50,

27 inclusive,
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Defendants.
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CESAR OROZCO aka JESUS
2 CHAVEZ,individually and on behalf of
all other similarly situated non-exempt
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f
ormer and current employees,
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Plaintiffs,

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vs.

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ANNING-JOHNSON COMPANY,a
8 Delaware corporation; and DOES 1-100,
9 inclusive,
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Defendants.

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Santos Martinez, Ramon Flores-Valdez, Enrique Orozco, and Cesar Orozco,
2 a1k/a Jesus Chavez(collectively "Plaintiffs," "Named Plaintiffs," or "Class

Representatives") and Arming-Johnson Company("Defendant" or "AJC")have
4 ~ reached a settlement of a putative class action/collective action.

On January 20, 2016, this Court:(1)preliminarily certified a class for

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6 settlement purposes;(2)preliminarily certified a collective class under the Fair
7 Labor Standards Act("FLSA");(3)preliminarily approved the terms of the
8 proposed class action/collective action Settlement; and (4)authorized notice to the
9 Settlement Class and Settlement Collective Class of the terms ofthe proposed
10 Settlement. Having completed the process of providing notice to the Settlement
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Class and the Settlement Collective Class, and no objectors having come forward,

12 Plaintiffs move for final approval of a class action and collective action settlement
13 of the claims asserted against Defendant in this action, memorialized in the Class
14 Action, Collective Action, And Representative Action Settlement Agreement

Amended, And As Further Amended January 2016)("Settlement Agreement" or
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Agreement"). Capitalized terms in this Order shall have the same meaning as in
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17 the Settlement Agreement unless otherwise stated.

After reviewing the Settlement Agreement, Plaintiffs' Unopposed Motion for

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19 Final Approval, Plaintiffs' Motion for Attorneys' Fees and Costs, Settlement
2 Administration Costs, and Enhancement Awards, and other related documents, and
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having heard the argument of counsel for the respective Parties, IT IS HEREBY

22 ORDERED AS FOLLOWS:
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1.

The Court has jurisdiction over the Parties to this action, including all

2 ~ members of the Final Settlement Class and Settlement Collective Class as defined
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The Court finds, for purposes of settlement only, that the proposed Final

27 Settlement Class satisfies the applicable standards for certification under Federal
28 Rule of Civil Procedure 23. The requirements of Rule 23(a) are satisfied because
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the Final Settlement Class is so numerous that joinder of all Final Settlement Class
2 members is impracticable, there are questions of law or fact common to the Final
3 Settlement Class, the claims of Plaintiffs are typical ofthe claims ofthe Final
4 Settlement Class, and Plaintiffs will fairly and adequately protect the interest ofthe
5 Final Settlement Class. The requirements of Rule 23(b)(3) are satisfied because
6 questions of law or fact common to Final Settlement Class Members predominate
7 over any questions affecting only individual Final Settlement Class Members, and
8 the class action device is superior to other available methods for fairly and
9 efficiently adjudicating this controversy. Accordingly, solely for purposes of
10 effectuating this Settlement, the Court hereby certifies the Final Settlement Class.

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The Court finds that the proposed Settlement Collective Class satisfies

12 the applicable standards for certification of a collective action under the FLSA in
13 that members ofthe Settlement Collective Class are similarly situated.
14 Accordingly, solely for purposes of effectuating this Settlement, the Court hereby
15 certifies the Settlement Collective Class.
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4.

The Court hereby grants final approval ofthe Settlement Agreement as

17 it meets the criteria for final settlement approval. The Settlement is fair, adequate,
18 and reasonable; appears to be the product of arm's-length and informed
19 negotiations; and treats all Final Settlement Class Members and Settlement
2 Collective Class Members fairly.
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5.

The Class Notice approved by the Court was provided by First Class

22 direct mail to the last-known address of each of the individuals identified as
23 Settlement Class Members(the Class Notice included an FLSA Opt-In Form for
24 those individuals who were also Potential Settlement Collective Class Members),

25 after first processing such addresses through the U.S. Postal Service change-of
2 address database. Follow-up efforts were made to send the Class Notice to those
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27 individuals whose original Class Notices were returned as undeliverable. The Class
28 Notice adequately described all of the relevant and necessary parts ofthe proposed
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Settlement Agreement, the right of Potential Settlement Collective Class Members

2 to opt in to the FLSA portion ofthe Settlement and the procedures for doing so, the
3 request for service payments to the Class Representatives and for reimbursement to
4 the Settlement Administrator, and Settlement Class Counsel's request for an award
5 of attorneys' fees and costs.

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The Court has determined that the Notice given to the Settlement Class

7 and Settlement Collective Class fully and accurately informed the Settlement Class
8 and Settlement Collective Class of all material elements of the proposed Settlement,
9 constituted the best practicable notice, and fully meets the requirements of Federal
10 Rule of Civil Procedure 23, the FLSA,and all applicable constitutional
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There were no requests for exclusion from the Settlement. The names

13 ' ofthe 197 Final Settlement Class Members(including Named Plaintiffs) have been

iled with the Court in conjunction with Plaintiffs' Unopposed Motion for Final
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15 Approval. The Court hereby orders that all Final Settlement Class Members have
16 released all claims or causes of action settled under the terms ofParagraph 81 of the
17 Settlement Agreement. All Final Settlement Class Members are hereby forever
18 barred and enjoined from commencing or prosecuting any ofthe claims, either
19 directly, representatively, or in any other capacity, that are released by Paragraph 81
2 ofthe Settlement Agreement.
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Having receiving no objections, and the time for submitting such

2 objections having passed, the Court finds that no valid objections have been
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23 submitted and no objections will be considered by the Court. Final Settlement
24 Class Members and Settlement Collective Class Members who did not timely
25 object to the Settlement set forth in the Settlement Agreement are barred from
2 prosecuting or pursuing any appeal of this Order.
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A total of 83 individuals validly and timely opted-in to the Settlement

28 Collective Class, including the Named Plaintiffs. A total ofthree individuals
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1 submitted Opt-In Forms that were dated prior to or on the Bar Date, but postmarked
2 after the Bar Date of Apri122, 2016. These three individuals are: Herman Hoyos;
3 Jonathan Andrew O'Brien; and Martin R. Enriquez Penaran. All three ofthese late4 postmarked Opt-In Forms were post-marked within 14 days after the Bar Date. The
5 Parties do not object to the inclusion of these three individuals within the
6 Settlement Collective Class notwithstanding their late-postmarked Opt-In Forms.
7 No prejudice will result from the inclusion ofthese individuals in the Settlement
8 Collective Class and their inclusion in the Settlement Collective Class will not
9 delay the conclusion of this matter. Accordingly, the Court deems these three
10 individuals (i.e., Herman Hoyos; Jonathan Andrew O'Brien; and Martin R.

1 1 Enriquez Penaran)to be included in the Settlement Collective Class
12 notwithstanding their belated submission of the required Opt-In Form. This results
13 in a total of86 individuals in the Settlement Collective Class (including Named
14 Plaintiffs). The names ofthese individuals and the written consent by such
15 individuals to join this action were filed with the Court in conjunction with
16 Plaintiffs' Unopposed Motion for Final Approval
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10.

The Court hereby orders that all Settlement Collective Class Members

18 have released all claims or causes of action settled under the terms ofParagraph 82
19 of the Settlement Agreement(this release is in addition to the release under
2 Paragraph 81 of the Settlement Agreement to which such individuals are also
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bound). All Settlement Collective Class Members are hereby forever barred and

22 enjoined from commencing or prosecuting any ofthe claims, either directly,
23 representatively, or in any other capacity, that are released by Paragraph 82 of the
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2 Settlement Agreement.
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1 1.

The Settlement embodied in the Settlement Agreement is not an

2 admission by Defendant nor is this Order a finding of the validity of any claims in
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27 the Litigation or of any wrongdoing by Defendant. Neither this Order, the
28 Settlement Agreement, any document referred to herein, nor any action taken to

1 carry out the terms ofthe Settlement Agreement may be construed as, or may be
2 'I used as, an admission by or against Defendant of any fault, wrongdoing, or liability
3 ~ whatsoever.
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The Total Settlement Amount shall be dispersed in accordance with the

5 ~ Settlement Agreement.
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Plaintiffs Santos Martinez, Ramon Flores-Valdez, Enrique Orozco, and

7 Cesar Orozco, a/k/a Jesus Chavez are appointed as Class Representatives for
8 purposes of settlement. The Court awards Class Representatives Santos Martinez,

9 Ramon Florez-Valdez, and Enrique Orozco Enhancement Awards of $3,000 each
10 as fair and reasonable compensation for their services. The Court awards Class
1 1 Representative Cesar Orozco, a/k/a Jesus Chavez, an Enhancement Award of
12 $2,000 as fair and reasonable compensation for his services. All ofthe
13 Enhancement Awards will be paid from the Total Settlement Amount as set forth in
14 the Settlement Agreement.
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14.

The Court hereby directs payment of$12,500.00 to the Settlement

16 Administrator, CPT Group, Inc., from the Total Settlement Amount.
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15.

The Court approves the settlement of claims under the California

18 Private Attorneys' General Act("PAGA"), Cal. Labor Code §2698 et seq., as set
19 forth in the Settlement Agreement and approves payment to the California Labor
2 and Workforce Development Agency in the amount of $18,750.00 from the Total
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Settlement Amount pursuant to the Settlement Agreement.
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Paul T. Cullen of The Cullen Law Firm, APC,James Hawkins and

23 Gregory Mauro of James Hawkins APLC,and Grant Joseph Savoy, Shoham
24 Solouki, and Lindsay Salk of Solouki Savoy, LLP are appointed as Settlement
25 Class Counsel for purposes of settlement. Plaintiffs' application for attorneys' fees
2 and reimbursement of litigation costs is granted as follows: Upon consideration of
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27 ~ the relevant factors, the Court grants an award of attorneys' fees in the amount of
28 $425,000, representing 25% ofthe Total Settlement Amount. See Vizcaino v.
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1 Microsoft Corp., 290 F.3d 1043, 1048-50(9th Cir. 2002). The Court grants
2 $22,688.07 in litigation costs. The attorneys' fees and costs will be paid from the
3 Total Settlement Amount as set forth in the Settlement Agreement.
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17.

Settlement Checks payable to Final Settlement Class Members for

5 whom valid addresses are not available will be paid by the Settlement
6 Administrator to the State of California Unclaimed Property Fund.
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18.

The Court finds that no just reason exists for delay in entering this

8 Judgment and Final Approval Order. Accordingly, the Clerk is hereby directed to

9 enter this Order as a Final Judgment. This Order shall constitute a final judgment
10 with respect to the claims ofthe Named Plaintiffs, the Final Settlement Class, and

1 1 the Final Settlement Collective Class for purposes of Rule 58 ofthe Federal Rules
12 of Civil Procedure.
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19.

The Court hereby orders that, without affecting the finality of the Final

14 Judgment, it reserves continuing jurisdiction over the matter and the Parties for the
15 purposes of implementing, enforcing, and/or administering the Settlement or
16 enforcing the terms of the Judgment.
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20.

Immediately upon entry ofthis Judgment and Order, the Consolidated

18 Fourth Amended Complaint in this action shall be dismissed in its entirety with
19 prejudice.

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IT IS SO ORDERED.

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22 DATED:
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Hon. George H. King
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United States District Judge

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