Mayra Casas v. Victoria's Secret Stores, LLC et al

Filing 107

ORDER FINALLY APPROVING CLASS ACTION SETTLEMENT AND ENTERING JUDGMENT DISMISSING THE ACTION WITH PREJUDICE by Judge George H. Wu. (See document for details) (MD JS-6, Case Terminated). (Attachments: # 1 Exhibit, # 2 Exhibit) (mrgo)

JS-6
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MAYRA CASAS, JULIO
FERNANDEZ, individuals, on behalf
12 of themselves and all others similarly
situated,
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Plaintiff,
vs.

Case No. CV 14-6412-GW(VBKx)
ORDER FINALLY APPROVING
CLASS ACTION SETTLEMENT AND
ENTERING JUDGMENT
DISMISSING THE ACTION WITH
PREJUDICE

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VICTORIA’S SECRET STORES,
LLC, a business entity of unknown
form, LIMITED BRANDS, a business
17 entity of unknown form, and DOES 1
through 100, inclusive,
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Dist. Judge:
Mag. Judge:

Hon. George H. Wu
Hon. Victor B. Kenton

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Complaint Filed:
First Amended
Complaint Filed:
Second Amended
Complaint Filed:
Third Amended
Complaint Filed:

February 13, 2015

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Trial Date:

None Set

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Defendants.

July 9, 2014
September 5, 2014
December 29, 2014

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Case No. 2:14-CV-06412 GW (VBKx)
[PROPOSED] ORDER FINALLY APPROVING CLASS ACTION SETTLEMENT
AND ENTERING JUDGMENT DISMISSING THE ACTION WITH PREJUDICE

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This matter came on for hearing on November 20, 2017, upon the Motion for

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Final Approval of the proposed settlement of this action on the terms set forth in the

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Joint Stipulation re: Class Action Settlement (the “Settlement” or “Stipulation”),

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attached hereto as Exhibit 1, and the First Addendum to Joint Stipulation re: Class

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Action Settlement (the “First Addendum”), attached hereto as Exhibit 2. Due and

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adequate notice having been given to the members of the Class, and having

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considered the Settlement and the First Addendum thereto, all papers and

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proceedings held herein, and all oral and written comments received regarding the

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proposed Settlement, and having reviewed the entire record in this action, Case No.

10 2:14-cv-06412 GW (VBKx), entitled Mayra Casas, et al. v. Victoria’s Secret Stores,
11 LLC, et al. (the “Action”), and good cause appearing, the Court finds that:
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WHEREAS, plaintiffs MAYRA CASAS and JULIO FERNANDEZ have

13 alleged claims against defendant VICTORIA’S SECRET STORES, LLC
14 (“Defendant”) on behalf of themselves and on behalf of others similarly situated,
15 comprising all current and former employees of Defendant, who worked in
16 California during the period from July 9, 2010 to August 11, 2017, and who were
17 classified as non-exempt from overtime pay, excluding Defendant, its owners,
18 directors, officers, executives, and all management personnel whose responsibility it
19 was to maintain and/or enforce the policies, procedures, customs and/or business
20 practices complained of in the Action; and
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WHEREAS, Plaintiffs assert claims against Defendant for (1) failure to pay

22 reporting time pay for regular shifts; (2) failure to pay reporting time pay for “call23 in” shifts; (3) failure to pay overtime compensation; (4) failure to pay minimum
24 wages; (5) failure to maintain required business records; (6) failure to provide
25 accurate itemized wage statements; (7) failure to pay all wages earned at termination;
26 (8) unlawful business practices; (9) unfair business practices; (10) failure to pay split
27 shift premiums; (11) unreimbursed business expenses; and (12) civil penalties based
28 on these alleged violations; and
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Case No. 2:14-CV-06412 GW (VBKx)
[PROPOSED] ORDER FINALLY APPROVING CLASS ACTION SETTLEMENT
AND ENTERING JUDGMENT DISMISSING THE ACTION WITH PREJUDICE

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WHEREAS, Defendant expressly denies the allegations of wrongdoing and

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violations of law alleged in this Action, and further denies any liability whatsoever to

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Plaintiffs or to the Class Members; and

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WHEREAS, without admitting any liability, claim, or defense, Plaintiffs and

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Defendant (collectively, the “Parties”) determined that it was mutually advantageous

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to settle this Action and to avoid the costs, delay, uncertainty, and business

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disruption of ongoing litigation; and

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WHEREAS, the Parties agreed to resolve the Action and entered into the
Stipulation in and about February and March, 2017, and the First Addendum on or

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about July 28, 2017, which together provide for a complete dismissal, with prejudice,

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of the claims asserted in the Action against Defendant on the terms and conditions

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set forth in the Stipulation and the First Addendum, subject to the approval of this

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Court; and

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WHEREAS, this Court granted preliminary approval of the Parties’ Settlement
in this Action on or about August 11, 2017 (the “Preliminary Approval Order”); and
WHEREAS, notice to the Class Members was sent in accordance with the
Stipulation and the Preliminary Approval Order; and
WHEREAS, a fairness hearing on the proposed Settlement having been duly
held and a decision reached;

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NOW, therefore, the Court grants final approval of the Settlement, and

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

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1.

To the extent defined in the Joint Stipulation re: Class Action

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Settlement, attached hereto as Exhibit 1 and the First Addendum thereto, attached

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hereto as Exhibit 2, and incorporated herein by reference, the terms in this Order

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shall have the meanings set forth therein.

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2.

The Court has jurisdiction over the subject matter of this Action,

27 Defendant, and the Class.
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3.

The Court has determined that the notice given to the Class fully and
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Case No. 2:14-CV-06412 GW (VBKx)
[PROPOSED] ORDER FINALLY APPROVING CLASS ACTION SETTLEMENT
AND ENTERING JUDGMENT DISMISSING THE ACTION WITH PREJUDICE

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accurately informed all persons in the Class of all material elements of the proposed

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Settlement – including the plan of distribution of the Settlement funds, the

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application for enhancement awards to the Class Representatives, and the application

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for an award of attorneys’ fees and costs to Class Counsel – constituted the best

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notice practicable under the circumstances, and constituted valid, due, and sufficient

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notice to all Class Members.

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4.

The Court hereby (1) grants final approval of the Settlement and

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Stipulation as fair, reasonable, and adequate in all respects to the Class Members; (2)

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grants final certification of the Class as defined below in Paragraph 6 of this Order;

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and Orders the parties to consummate the Settlement in accordance with the terms of

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the Stipulation and the First Addendum thereto.

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5.

The plan of distribution as set forth in the Stipulation and the First

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Addendum thereto, providing for the distribution of the Net Settlement Amount to

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Class Members, is approved as being fair, reasonable, and adequate.

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6.

The Class consists of 43,669 Class Members, and is defined as follows:

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“Class Members” shall mean all current and former employees of
Defendant, who worked in California during the Class Period and who
were classified as non-exempt from overtime pay, excluding
Defendant, its owners, directors, officers, executives, and all
management personnel whose responsibility it was to maintain and/or
enforce the policies, procedures, customs and/or business practices
complained of in the Action.
Additionally, a Subclass is formed to represent all members of the
foregoing Class whose employment with Defendant terminated during
the Class Period.

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As used hereinabove, the term “Class Period” means the time frame
commencing four years prior to the date the original Complaint in this action
was filed, i.e., July 9, 2010, and continuing until the date of preliminary
approval.

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Case No. 2:14-CV-06412 GW (VBKx)
[PROPOSED] ORDER FINALLY APPROVING CLASS ACTION SETTLEMENT
AND ENTERING JUDGMENT DISMISSING THE ACTION WITH PREJUDICE

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7.

As previously ordered in the Court’s Preliminary Approval Order dated

2 August 11, 2017, the Court appoints as Class Counsel the following attorneys:
3 Stanley D. Saltzman and Stephen P. O’Dell of Marlin & Saltzman, LLP, 29800
4 Agoura Road, Suite 210, Agoura Hills, California 91301.
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The Court approves the payment of attorneys’ fees in the amount of

6 $3,540,000.00 (equal to 29.5%) to Class Counsel, which shall be paid from, and not
7 in addition to, the Total Class Action Settlement Amount.
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The Court approves the payment of attorneys’ costs in the amount of

9 $10,797.00 to Class Counsel, which shall be paid from, and not in addition to, the
10 Total Class Action Settlement Amount.
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10.

The Court approves a payment in the amount of $37,500.00 to the

12 California Labor & Workforce Development Agency, representing the State of
13 California’s portion of civil penalties under the Private Attorneys General Act, which
14 shall be paid from, and not in addition to, the Total Class Action Settlement Amount.
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The Court approves the payment of reasonable claims administration

16 costs to the Claims Administrator, CPT Group, Inc., in the amount of $200,000.00,
17 which shall be paid from, and not in addition to, the Total Class Action Settlement
18 Amount.
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The Court approves enhancement awards to Plaintiff and class

20 representative Mayra Casas in the amount of $10,000.00 and to Plaintiff and class
21 representative Julio Fernandez in the amount of $9,000.00, which amounts shall be
22 paid from, and not in addition to, the Total Class Action Settlement Amount.
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13.

The Court hereby dismisses this Action with prejudice. Without

24 affecting the finality of this Final Order and Judgment, the Court reserves exclusive
25 and continuing jurisdiction over the Action; plaintiffs Mayra Casas and Julio
26 Fernandez; the Class; and Defendant for the purposes of: (a) supervising the
27 implementation, enforcement, construction, and interpretation of the Stipulation and
28 the First Addendum thereto, the Preliminary Approval Order, the distribution of the
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Case No. 2:14-CV-06412 GW (VBKx)
[PROPOSED] ORDER FINALLY APPROVING CLASS ACTION SETTLEMENT
AND ENTERING JUDGMENT DISMISSING THE ACTION WITH PREJUDICE

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Total Class Action Settlement Amount, and the Final Order and Judgment; and (b)

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hearing and determining the application by Class Counsel for an award of attorneys’

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fees, costs, and expenses, which hearings shall take place concurrently with the

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hearing for this Final Order and Judgment.
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Upon entry of this Final Order and Judgment, and by operation of this

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Final Order and Judgment, the claims in this Action of each Class Member against

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Defendant, and against any and all of the Released Parties (as defined in the

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Stipulation), are fully, finally, and forever released, relinquished, and discharged

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pursuant to the terms of the Stipulation and the First Addendum thereto.
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Each member of the Class is bound by this Final Order and Judgment,

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including, without limitation, the release of claims as set forth in the Stipulation and

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the First Addendum thereto.
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This Final Order and Judgment and the Stipulation and the First

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Addendum thereto, and all papers related thereto, are not, and shall not be construed

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to be, an admission by Defendant of any liability, claim, or wrongdoing whatsoever,

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and shall not be offered as evidence of any such liability, claim, or wrongdoing in

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this Action or in any other proceeding.
17.

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In the event that the Settlement does not become effective in accordance

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with the terms of the Stipulation, then this Final Order and Judgment shall be

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rendered null and void to the extent provided by and in accordance with the

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Stipulation and shall be vacated, and, in such event, all orders entered and releases

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delivered in connection herewith shall be null and void to the extent provided by and

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in accordance with the Stipulation, and each party shall retain his, her or its rights to

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proceed with litigation of the Action.

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Case No. 2:14-CV-06412 GW (VBKx)
[PROPOSED] ORDER FINALLY APPROVING CLASS ACTION SETTLEMENT
AND ENTERING JUDGMENT DISMISSING THE ACTION WITH PREJUDICE

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The Court finds that there is no just reason for delay of entry of this

Final Order and Judgment and hereby directs its entry.

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IT IS SO ORDERED, ADJUDGED, AND DECREED.

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DATED: November 21, 2017

___________________________________
Hon. George H. Wu
United States District Judge

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Case No. 2:14-CV-06412 GW (VBKx)
[PROPOSED] ORDER FINALLY APPROVING CLASS ACTION SETTLEMENT
AND ENTERING JUDGMENT DISMISSING THE ACTION WITH PREJUDICE