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)

EXHIBIT 1
to [Proposed] Order Finally Approving Class
Action Settlement and Entering Judgment

EXHIBIT 1
to [Proposed] Order Finally Approving Class
Action Settlement and Entering Judgment

1
2

3
4

5
6

LORIA. BOWMAN, CA Bar No. 114664
[e-mail]
BETH A. GUNN, CA Bar No. 218889
beth.fill![e-mail]
JENNIFERL. KATZ, CA Bar No. 258917
[e-mail]
Ogletree, Deaici:tls, Nash,,, Smoak & Stewart, P.C.
400 South HoQe Stree;, ~uite 1200
Los Angeles CA 900 11
Telephone: [phone] I Facsimile: 213.239.9045
Attorney~ for

Defendant

7 VICTORIA'S SECRET STORES, LLC

8 MARLIN & SALTZMAN LLP
9

Stanley D . Saltzman, Esq. tsBN 090058]
[e-mail]
Stephen P . O'Dell, Esq. [SBN 132279]

1O sodell~arlinsaltzman.com

David ~. Leimbach, Esq. [SBN 265409]
[e-mail]
29229 Canwood Street,, Suite 208
12 Agoura Hills, California 91301
Plione: (818) 991 -8080 I Fax: [phone]
11

13

14

Attorneys for Plaintiffs
MAYRA CASAS and JULIO FERNANDEZ

15

UNITED STATES DISTRICT COURT

16

CENTRAL DISTRICT OF CALIFORNIA
17
18
19

MAYRA CASAS, an individual,, on
behalf of herself and all others Slmilarly
situated,
Plaintiff,

20
21

vs.

VICTORIA'S SECRET STORES,
LLC, a business eaj:ity Qf unknown
23 form, LIMITED BRANDS, a business
entity of unknown form, and DOES 1
24 Ithrough 100, inclusive,
22

25
26
27

Case No. 2:14-CV-06412 GW (VBKx)

JOINT STIPULATION RE: CLASS
ACTION SETTLEMENT
Dist. Judge:
Mag. Judge:

Hon. George H. Wu
Hon. Victor B. Kenton
July 9, 2014

Trial Date:

Defendants.

Complaint Filed:
First Amended
Comnlaint Filed:
Second Amended
Complai..11t Filed:
Third Amended
Complaint Filed:

None Set

Sentemher 5. 2014
D;cember

2~, 201 4 I

February 13, 2015

28
Case No. 2:14-CV-06412 GW VBKx
JOINT STIPULATION RE: CLASS ACTION SETILEMENT

TO THE COURT AND TO ALL PARTIES AND THEIR RESPECTIVE

1
2

COUNSEL OF RECORD:
This Joint Stipulation re: Class Action Settlement (hereinafter, "Stipulation" or

3
4

"Settlement") is made and entered into by and between plaintiffs Mayra Casas

5 ("Casas") and Julio Fernandez ("Fernandez," and, collectively with Casas,
6

"Plaintiffs"), on behalf of themselves and on behalf of others similarly situated; and

7 defendant Victoria's Secret Stores, LLC ("Defendant"), hereinafter collectively

8 referred to as the "Parties." Subject to the approval of the Court, the Action is
9 hereby being compromised and settled pursuant to the terms and conditions set forth
1O in this Stipulation. This Settlement shall be binding on Plaintiffs and the class they
11

purport to represent, Defendant, and on their respective counsel, subject to the terms

12

and conditions hereof and the approval of the Court.

THE PARTIES STIPULATE AND AGREE as follows :

13
14

15

I.

DEFINITIONS
1.

The following terms, as used throughout this Stipulation, are defined as

16 follows:
17

a)

Action. The term "Action" shall mean and refer to the legal

18

action pending in the United States District Court, Central District of

19

California, Case No. 2:14-cv-06412-GW (VBKx), entitled Mayra Casas, et al.

20

v. Victoria 's Secret Stores, LLC, et al., which is also currently pending before

21

the Ninth Circuit Court of Appeal, Case No. 15-56162.

22

b)

Check Cashing Deadline. The term "Check Cashing Deadline"

23

shall mean one hundred eighty (180) days after an Individual Settlement

24

Award is issued to a Class Member by check.

25

c)

Claims Administrator. The term "Claims Administrator" shall

26

refer to CPT Group, Inc., or any other third-party class action settlement

27

administrator agreed to by the Parties and approved by the Court for the

28

purposes of administering this Settlement.
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JOINT STIPULATION RE: CLASS ACTION SETILEMENT

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2
3

d)

Class. The term "Class" shall mean and refer, collectively, to all

Class Members.
e)

Class Counsel. The term "Class Counsel" shall refer,

4

collectively, to Marlin & Saltzman, LLP, located at 29229 Canwood Street,

5

Suite 208, Agoura Hills, California 91301, and all of its lawyers, specifically

6

including, but not limited to, Stanley D. Saltzman, Stephen P. O'Dell, and

7

David C. Leimbach.

8
9

f)

Class Members. The term "Class Members" shall mean all

current and former employees of Defendant, who worked in California during

10

the Class Period; who were classified as non-exempt from overtime pay,

11

excluding Defendant, its owners, directors, officers, executives, and all

12

management personnel whose responsibility it was to maintain and/or enforce

13

the policies, procedures, customs and/or business practices complained of in

14

the Action; who do not timely submit a Request for Exclusion; and to whom a

15

Notice was mailed pursuant to Paragraph 19, subparagraph (b).

16
17
18

g)

Class Period. The term "Class Period" shall mean the time period

from July 9, 2010 to the Preliminary Approval Date.
h)

Class Representatives. The term "Class Representatives" shall

19

mean and refer to plaintiffs Mayra Casas and Julio Fernandez. The term

20

"Class Representatives" shall be synonymous with the term "Plaintiffs."

21

i)

Court. The term "Court" shall refer to the Honorable George H.

22

Wu of the United States District Court for the Central District of California,

23

before whom the Action is pending.

24

25
26

j)

Defendant. The term "Defendant" shall mean and refer to

Victoria's Secret Stores, LLC.
k)

Defendant's Counsel. The term "Defendant's Counsel" shall

27

refer, collectively, to Lori A. Bowman, Beth Gunn, and Jennifer L. Katz of

28

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., located at 400 South Hope
2

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JOINT STfi>ULATION RE: CLASS ACTION SETILEMENT

Kx

1

2

Street, Suite 1200, Los Angeles, California, 90071.
1)

Effective Date. The term "Effective Date" shall mean the date by

3

which this Settlement is finally approved, as provided herein, and on which

4

the Court's Judgment becomes final, as further detailed in Paragraph 8, herein.

5

m)

Final Settlement Approval Hearing. The term "Final Settlement

6

Approval Hearing" shall mean and refer to a hearing before the Court to

7

finally approve the Settlement as fair, reasonable, and adequate, as further

8

detailed in Paragraph 27, herein.

9

n)

Final Settlement Papers. The term "Final Settlement Papers"

Io

shall refer to and include a Motion for Final Approval of the Settlement,

11

Motion for Attorneys' Fees and Costs, and [Proposed] Final Settlement Order.

12

o)

Fourth Amended Complaint. The term "Fourth Amended

13

Complaint" shall mean and refer to the Fourth Amended Complaint to be filed

14

to add claims for split shift pay and unreimbursed business expenses, which is

15

attached hereto as Exhibit D.

16

p)

Individual Settlement A ward. The term "Individual Settlement

17

Award" shall mean a Class Member' s share of the Net Settlement Amount, as

18

further detailed in Paragraph 17, subparagraph (f), herein.

19

q)

Net Settlement Amount. The term "Net Settlement Amount"

20

shall mean and refer to the balance of the Total Class Action Settlement

21

Amount, after all Court-approved deductions for attorneys' fees and actual

22

costs to Class Counsel, the claims administration costs and fees, Class

23

Representatives' enhancement awards, and the PAGA Allocation. The Net

24

Settiement Amount is the maximum amount that will be available for

25

distribution to Class Members.

26
27
28

r)

Notice. The term ''Notice" shall mean the Notice of Class Action

Settlement, attached hereto as Exhibit A.
s)

Opt-Out Deadline. The term "Opt-Out Deadline" shall mean
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Case No. 2:14-C'{-06412 GW (VBKx)
JOINT STIPULATION RE: CLASS ACTION SETI1..EMENT

1

thirty (30) days after the Notice is mailed to Class Members by the Claims

2

Administrator.

3

t)

Parties. The term "Parties" shall mean and refer collectively to

4

plaintiffs Mayra Casas and Julio Fernandez, on behalf of the Class, and

5

Defendant.
u)

6

Plaintiffs. The term "Plaintiffs" shall mean and refer to plaintiffs

7

Mayra Casas and Julio Fernandez. The term "Plaintiffs" shall be synonymous

8

with the term "Class Representatives."
v)

9

Preliminary Approval Date. The term "Preliminary Approval

1o

Date" shall mean the date that the Court enters the Preliminary Approval

11

Order, attached hereto as Exhibit B, including any revisions required by the

12

Court.

13

w)

Released Parties. The term "Released Parties" shall mean and

14

refer to Defendant and all of Defendant's current or former parent companies,

15

subsidiary companies and/or related companies, partnerships, or joint

16

ventures, and, with respect to each of them, all of their and/or such related

17

entities' predecessors and successors, and, with respect to each such entity, all

18

of its past, present, and future employees, officers, partners, principals,

19

directors, stockholders, owners, representatives, assigns, attorneys, agents,

20

insurers, employee benefit programs (and the trustees, administrators,

21

fiduciaries, and insurers of such programs), and any other persons acting by,

22

through, under, or in concert with any of the persons or entities listed in this

23

subsection, and their successors.

24

x)

Stipulation. The term "Stipulation" shall refer to this document,

25

entitled "Joint Stipulation re: Class Action Settlement," including all exhibits

26

attached hereto.

27

y)

28

Total Class Action Settlement Amount. The term "Total Class

Action Settlement Amount" shall mean exactly Twelve Million Dollars
4
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JOINT STIPULATION RE: CLASS ACTION SETILEMENT

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($12,000,000.00). This is the maximum possible amount that may be paid by

2

Defendant to resolve this Action, with the sole exception of certain additional

3

tax payments to be made pursuant to Paragraph 19, subparagraph (i). The

4

Total Class Action Settlement Amount is a common fund, non-reversionary

5

amount.

6

2.

7

Date Of This Stipulation. This Stipulation is made as of the date set

forth below by and between Plaintiffs, on behalf of themselves and the Class, on the

8 one hand, and Defendant, on the other hand, subject to the approval of the Court.
9
1o

II.

BACKGROUND OF THE LEGAL ACTION
3.

Complaint Filed In Los Angeles County Superior Court And Removed

11

To The Central District Of California. Casas filed the instant Action, entitled Mayra

12

Casas, et al. v. Victoria's Secret Stores, LLC, et al., in Los Angeles County Superior

13

Court on July 9, 2014. In it, Casas alleged causes of action for: (1) Failure to pay

14

reporting time on regularly scheduled shifts (8 Cal. Code Regs. § 11070(5); Cal. Lab.

15

Code§ 558); (2) Failure to pay reporting time on "call-in" shifts (8 Cal. Code Regs.

16

§ 11070(5); Cal. Lab. Code§ 558); (3) Failure to pay for all time worked (Cal. Lab.

17

Code§§ 510, 1194, 1194.2, 1197, and 1198; Wage Order); (4) Failure to maintain

18

required business records (Cal. Lab. Code§§ 1174, 1174.5; Wage Order); (5) Failure

19

to provide accurate itemized wage statements (Cal. Lab. Code§§ 226, 226.3; Wage

20

Order); (6) Unfair business practices (Bus. & Prof. Code§§ 17200, et seq.); and (7)

21

Civil penalties under the Private Attorneys General Act (Cal. Lab. Code§§ 2698, et

22

seq.). Defendant subsequently removed the Action to the Centrai District of

23

California, where it was assigned Case No. 2:14-cv-06412-GW (VBKx). On

24

September 5, 2014, Plaintiffs filed a First Amended Complaint ("FAC"), amending

25

the complaint to add Fernandez as a named plaintiff and putative class representative

26

and to add an additional claim for failure to pay all wages earned at termination

27

pursuant to California Labor Code sections 200 through 203 . Defendant moved to

28

dismiss Plaintiffs FAC, which Plaintiffs opposed. Following supplemental briefing,
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Case No. 2:14-CV-06412 GW (VBK.x)
JOINT STIPULATION RE: CLASS ACTION SETILEMENT

1

the Court granted, in part, Defendant's motion to dismiss Plaintiffs' FAC on

2

December 29, 2014. Thereafter, Plaintiffs filed a Second Amended Complaint

3

("SAC"), alleging causes of action for: (1) Failure to pay reporting time pay (8 Cal.

4

Code Regs. § 11070(5); Cal. Lab. Code§ 558); (2) Failure to pay overtime (Cal.

5

Lab. Code§§ 510, 1194; Wage Order); (3) Failure to pay minimum wage (Cal. Lab.

6

Code§§ 1182.11, 1182.12, 1194, 1194.2, 1197; Wage Order); (4) Failure to maintain

7

required business records (Cal. Lab. Code§§ 1174, 1174.5; Wage Order); (5) Failure

8

to provide accurate itemized wage statements (Cal. Lab. Code§§ 226, 226.3; Wage

9

Order); (6) Failure to pay all wages earned at termination (Cal. Lab. Code§§ 200-

10

203); (7) Unlawful business practices (Bus. & Prof. Code§§ 17200, et seq.); (8)

11

Unfair business practices (Bus. & Prof. Code§§ 17200, et seq.); and (9) Civil

12 penalties under the Private Attorneys General Act (Cal. Lab. Code§§ 2698, et seq.).

13

Defendants then moved to dismiss Plaintiffs' SAC, which Plaintiffs opposed.

14 During that time, Plaintiffs also moved this Court to certify for interlocutory appeal
15

pursuant to 28 U.S.C. § 1292(b) its order dismissing certain claims from the FAC,

16 which Defendant opposed. Thereafter, following the Court's decision on February
17

13, 2015 to grant, in part, Defendant' s motion to dismiss Plaintiffs' SAC, Plaintiffs

18

filed a Third Amended Complaint ("TAC"), which is currently the operative

19

complaint in this action, alleging the same claims and causes of action set forth in the

20

SAC. Defendant moved to dismiss the TAC, which Plaintiffs opposed. Before

21

ruling on Defendant's motion to dismiss the TAC, this Court granted Plaintiffs'

22

motion to certify for interlocutory appecU pursuant to 28 U.S.C. § 1292(b) its order

23

dismissing, in part, Plaintiffs' FAC. Thereafter, the Ninth Circuit granted Plaintiffs'

24

petition for interlocutory appeal, the partjes lodged formal merits briefing, and the

25

Iparties participated in oral argument on October 5, 2016. Defendant generally denies

26 Plaintiffs' claims, including the allegations in the Complaint, FAC, SAC, and TAC.
27

28

4.

Mediation And Settlement Agreement Reached By The Parties. On

October 25, 2016, the Parties and their counsel participated in a formal mediation
6

Case No. 2:14-CV-06412 GW (VBKx

JOINT STIPULATION RE: CLASS ACTION SETILEMENT

1

session before Steven G. Pearl, Esq., of ADR Services, Inc., in Los Angeles,

2

California. At the conclusion of the October 25, 2016 mediation session, the Parties,

3

by and through their counsel, reached an agreement to resolve the Action pursuant to

4

terms set forth in a Memorandum of Understanding. This Stipulation formalizes the

5 Settlement agreement reached by the Parties.

6
7

5.

Investigation. The Parties have conducted a detailed and

comprehensive investigation of the claims asserted against Defendant and of the

8 applicable law. Although the Action - including discovery-has been stayed during
9

initial motion practice before the Court and pending Plaintiffs' appeal of the Court's

10

order granting Defendant's motion to dismiss the FAC, the Parties agreed to engage

11

in informal discovery to prepare for mediation, which included: (a) analysis by the

12 Parties of payroll records, time records, scheduling records, and other related records
13

and policies pertaining to Plaintiffs, Class Members, and the claims asserted in the

14 Action; (b) Defendant's identification of all current and former non-exempt putative
15

class member employees in the relevant job categories during the relevant time

16

period; (c) research of the law applicable to Plaintiffs' claims and Defendant' s

17

affirmative defenses, as well as the damages alleged by Plaintiffs; (d) examination

18

and analysis of information and documents; and (f) consideration of information

19

disclosed at and in connection with mediation. Based upon the information known

20

as of February 27, 2016, the number of Class Members was approximately 36,278.

21

6.

Benefits Of Settlement. The Class Representatives and Class Counsel

22

recognize the uncertainty and risk of the outcome of further litigation, and the

23

difficulties and delays inherent in such litigation. The Class Representatives and

24

Class Counsel also are aware of the burdens of proof necessarv to establish liabilitv
.

25

for the claims asserted in the Action, the defenses thereto, and t.lie difficulties

26

inherent in the Action. Based on the foregoing, the Class Representatives and Class

27

Counsel have determined that the Settlement set forth in this Stipulation is a fair,

28

adequate, and reasonable settlement, and that it is in the best interest of the Class

~

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JOINT STIPULATION RE: CLASS ACTION SETTLEMENT

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Members. Based on their discovery and investigation, Class Counsel has determined

2 that the

Se~lement

is well within the range of reasonableness. The settlement

3

embodied and documented in this Stipulation is the product of extensive, arms-

4

length negotiations, and is not the product of collusion. Likewise, Defendant has

5 concluded that any further defense of this Action would be protracted and expensive.
6

Substantial amounts of time, energy, and resources have been, and will continue to

7 be, devoted to the defense of the Action unless this Settlement is made. Therefore,

8 Defendant has agreed to settle, in the manner and upon the terms set forth in this
9

Stipulation, in order to fully and finally resolve the claims asserted in the Action.
7.

10

11

Denial Of Wrongdoing . .Defendant has denied and continues to deny

each of the claims asserted by Plaintiffs in this Action, as referenced in Paragraph 3,

12 above. Defendant has asserted and continues to assert defenses to the Class
13 Representatives' claims, and has expressly denied and continues to deny any
14

wrongdoing whatsoever. Neither this Stipulation nor any action ta.ken to carry out

15

the Settlement may be construed as an admission by Defendant of any fault,

16 wrongdoing, or liability whatsoever.
17

18

III.

DATE OF SETTLEMENT
8.

Effective Date. The Court's Judgment shall become final when all of

19 the following events have occurred:

20
21

a)

The Stipulation has been executed by all Parties, Class Counsel,

and Defendant's Counsel;

22

b)

The Court has given preliminary approval to the Settlement;

23

c)

The Court has held a Final Settlement Approval Hearing and has

24

entered a Final Order and Judgment, dismissing the Action with prejudice, and

25

approving the Stipulation; and

26
27

28

d)

In the event that written objections are filed prior to the Final

Settlement Approval Hearing which are not later withdrawn, upon the later of:
t.

The date of final affirmance on an appeal of the Judgment;
8

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JOINT STIPULATION RE: CLASS ACTION SETILEMENT

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the expiration of the time for a petition to review the

2

Judgment; and, if review is granted, the date of final

3

affinnance of the Judgment following review; or

4

n.

The date of final dismissal of any appeal from the

5

Judgment or the final dismissal of any proceeding to

6

review the Judgment; or

7

ni.

8

If no appeal is filed, the expiration date for filing any
appeal from the Judgment.

e)

9

In the event that no written objections are filed prior to the Final

10

Settlement Approval Hearing, or that any filed written objections are

11

withdrawn prior to the Final Settlement Approval Hearing, the Court's

12

Judgment shall become final when the conditions set forth in subparagraphs

13

(a) through (c) of this Paragraph 8, hereinabove, have been fulfilled.

14
15

IV.

CLASS MEMBERS INCLUDED IN SETTLEMENT
9.

Scope Of The Class. The Class is comprised of all current and former

16

employees of Defendant, who worked in California during the period from July 9,

17

2010 to the Preliminary Approval Date; who were classified as non-exempt from

18

overtime pay, excluding Defendant, its owners, directors, officers, executives, and all

19

management personnel whose responsibility it was to maintain and/or enforce the

20

policies, procedures, customs and/or business practices complained of in the Action;

21

who do not timely submit a Request for Exclusion; and to whom a Notice was

22

mailed pursuant to Paragraph 19, subparagraph (b).

23

10.

Class Members' Objections To This Settlement. Any Class Member

24

may object to the Settlement by filing a written objection with the Court and serving

25

the written objection on counsel for the Parties on or before the Opt-Out Deadline, at

26 the addresses detailed in Paragraph 42, below. Any Class Member who does not
27 object to the Settlement in the manner provided for in this Stipulation may not appeal
28

the Final Judgment. In the event that the Court approves this Settlement
9
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notwithstanding the objections of any Class Members, Class Members who object to

2

the Settlement will nonetheless be bound by the Settlement. Class Members who

3 have opted out of the Settlement as detailed in Paragraph 19, subparagraph (d),
4

herein do not have standing to object to the Settlement or to file an appeal for

5 purposes of Paragraph 8.

11.

6

Class Members' Exclusion ("Opt-Out") From This Settlement. Any

7

Class Member may request to be excluded ("opt-out") from this Settlement by

8

mailing a written Request for Exclusion to the Claims Administrator as prescribed in

9

Paragraph 19, subparagraph (d), herein. Each Class Member who submits a valid

1o Request for Exclusion shall not be bound by the Settlement.

12.

11

Blow-Up Provision. Defendant reserves the right to revoke this

12

Stipulation and the Settlement provided for herein if more than ten percent (10%) of

13

Class Members opt out of the Settlement by submitting timely and valid Requests for

14

Exclusion in the manner set forth in Paragraph 19, subparagraph (d), below, in which

15

case this Stipulation will not have any force and/or effect. Class Counsel and Class

16

Representatives agree not to oppose any application by Defendant and/or its Counsel

17

that is consistent with this Paragraph. Defendant shall make its election within seven

18

(7) calendar days of receipt from the Claims Administrator of the total percentage of

19

opt-outs. If the Settlement is voided, no payment will be made by Defendant to

20

Plaintiffs, any Class Member, or Class Counsel; and all Parties and third parties

21

referenced in this Stipulation will bear their own costs, fees, and expenses associated

22

with the Litigation. However, Defendant will be responsible for the costs incurred

23

by the Settlement Administrator.
13.

24

Finality Of Settlement. As of the Effective Date, the Settlement

2s 1 ·contained herein, including the Release outlined below, shall be final and binding
26

upon all Class Members who do not exclude themselves from the Settlement.

27

V.

28

RELEASES
14.

Release By Plaintiffs And Class Members. As of the date of final
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approval of this Stipulation, Plaintiffs and Class Members (including the Class

2

Representatives) release the Released Parties from the following, collectively

3

referred to as the "Released Class Claims":

4

Any and all claims, actions, demands, causes of action, suits, debts,

5

obligations, damages, rights or liabilities that have been asserted by

6

Plaintiffs, or the Class Members or any of their respective heirs,

7

executors, administrators, beneficiaries, predecessors, successors,

8

attorneys, assigns, agents, and/or representatives arising out of any

9

claims that were encompassed in the Action, and any claims which

10

reasonably flow from the facts alleged in Plaintiffs' Complaint, First

11

Amended Complaint, Second Amended Complaint, Third Amended

12

Complaint, or Fourth Amended Complaint, including, but not limited to:

13

claims for unpaid wages (including claims for minimum wage and

14

overtime compensation); reimbursement of business expenses pursuant

15

to Labor Code section 2802; interest; penalties (including waiting time

16

penalties pursuant to Labor Code section 203, pay stub penalties

17

pursuant to Labor Code section 226, and civil penalties pursuant to the

18

Labor Code Private Attorneys General Act of 2004 (Labor Code

19

sections 2698, et seq.) ("PAGA")); claims pursuant to Labor Code

20

sections 200, 201, 202, 218.5, 226, 510, 558, 1174, 1194, 1197, 1198,

21

and 1199; the Industrial Welfare Commission Wage Orders relating to

22

claims for unpaid reporting time pay premiums, unpaid hours worked,

23

recordkeeping, and split shift pay; and claims under Business and

24

Professions Code sections 17200, et seq., claims for attorneys' fees and

25

costs, conversion, fraud, common count, and unfair business practices.

26

Released Class Claims include all claimed or unclaimed compensatory,

27

consequential, incidental, liquidated, punitive and exemplary damages,

28

restitution, interest, costs and fees, injunctive or equitable relief, and any
11

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other remedies available at law or equity allegedly owed or available to

2

the Class arising or reasonably flowing from the Complaint, First

3

Amended Complaint, Second Amended Complaint, Third Amended

4

Complaint, or Fourth Amended Complaint against the Released Parties

5

for the time period from the beginning of each claim's applicable statute

6

of limitations, up to and including the Date of Final Approval.

7

15.

General Release By The Class Representatives. In addition to the

8

release set forth in the above Paragraph 14, the Class Representatives make the

9

additional general release of all of their individual claims as follows: Class

10

Representatives release Released Parties from any and all claims, actions, demands,

11

causes of action, suits, debts, obligations, damages, rights, or liabilities of any nature

12 and description whatsoever, known or unknown, that Class Representatives
13

individually may possess against the Released Parties arising from Class

14 Representatives' employment with Defendant. Class Representatives hereby
15

acknowledge that, upon receiving the sums provided to them pursuant to this

16

Stipulation, they will have received all potential wages, damages, and penalties

17

owing to them by Defendant, and, further, that they are not owed any additional

18 wages, penalties, or damages from Defendant.

Class Representatives also agree to expressly waive the provisions of

19
20

California Civil Code section 1542, which provides as follows:

21

A general release does not extend to claims which the creditor

22

does not know or suspect to exist in his or her favor at the time of

23

executing the release, which if known by him or her must have

24

materially affected his or her settlement with the debtor.

25 Class Representatives' general release shall cover the time period from the start of
26 each of their respective employment with Defendant up to the Effective Date.
27 VI.

AMOUNT AND DISTRIBUTION OF SETTLEMENT

28

16.

Settlement Amount. The Total Class Action Settlement Amount shall
12
Case No. 2:14-CV-06412 GW
JOINT STIPULATION RE: CLASS ACTION SETILEMENT

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1

be exactly Twelve Million Dollars ($12,000,000.00). Defendant will pay the Total

2

Class Action Settlement Amount, within twenty (20) calendar days of the Effective

3

Date by wiring that amount to the Claims Administrator. With the limited exception

4

of Defendant's obligation to pay the employer's share of payroll taxes as described

5

in Paragraph 19, subparagraph (i), under no circumstances will Defendant be

6

obligated to pay more than the amount of $12,000,000.00 as a result of this

7

Settlement.

8
9
10

17. · Deductions From Settlement Amount. Deductions from the Total Class
Action Settlement Amount, all subject to Court approval, shall be made for:
a)

Attorneys' Fees. Class Counsel may apply for an award of

11

attorneys' fees, not to exceed 30 percent of the Total Class Action Settlement

12

Amount , or Three Million Six Hundred Thousand Dollars ($3,600,000.00).

13

The attorneys' fees award shall be paid from the Total Class Action Settlement

14

Amount. Defendant agrees not to oppose any such applications which are

15

consistent with this paragraph. The amount of attorneys' fees shall include all

16

past and future attorneys' fees to Class Counsel - including, without

17

limitation, all time expended by Class Counsel in defending the Settlement

18

and securing final approval of the Settlement (including any appeals thereof).

19

b)

Attorneys'

Cos~.

In addition to attorneys' fees, Class Counsel

20

may apply for an award of costs, not to exceed the sum of Twenty Thousand

21

Dollars ($20,000.00). The costs award shall be paid from the Total Class

22

Action Settlement Amount. Defendant agrees not to oppose any such

23

applications which are consistent with this paragraph. The amount of costs

24

shall include all past and future costs associated with this Action - including,

25

without limitation, all costs expended by Class Counse] in defending the

26

Settlement and securing final approval of the Settlement (including any

27

appeals thereof).

28

c)

Class Representatives' Enhancement Awards. Class Counsel
13

Case No. 2:14-CV-06412 GW

JOINT STIPULATION RE: CLASS ACTION SETTLEMENT

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1

may apply for an enhancement award to the Class Representatives in an

2

amount not to exceed Twenty Thousand Dollars ($20,000.00), allocated as not

3

more than Ten Thousand Dollars ($10,000.00) to Casas and not more than Ten

4

Thousand Dollars ($10,000.00) to Fernandez. The enhancement award shall

5

be paid from the Total Class Action Settlement Amount. Defendant agrees

6

not to oppose any such application which is consistent with this paragraph.

d)

7

Claims Administration Costs And Fees. All actual costs for

8

claims administration, including related accounting costs, in an amount not to

9

exceed Two Hundred Thousand Dollars ($200,000.00), shall be paid from the

1o

Total Class Action Settlement Amount. The Parties contemplate that the

11

Claims Administrator shall be CPT Group, Inc., or any other third-party class

12

action settlement administrator agreed to by the Parties and approved by the

13

Court for the purposes of administering this Settlement. To the extent actual

14

costs for claims administration are less than $200,000.00, those amounts will

15

be credited to the Total Class Action Settlement Amount prior to distribution

16

of the Net Settlement Amount to Class Members. Defendant agrees not to

17

oppose any such applications which are consistent with this paragraph.
e)

18

PAGA Allocation. The Parties agree to allocate Fifty Thousand

19

Dollars ($50,000.00) of the Total Class Action Settlement Amount to resolve

20

the Class Members' claims arising under PAGA (the "PAGA Allocation").

21

Pursuant to PAGA, 75 percent of the PAGA Allocation, or Thirty-Seven

22

Thousand Five Hundred Dollars ($37,500.00), shall be paid to the State of

23

California Labor and Workforce Development Agency (the "LWDA"), with

24

the remaining 25 percent of, or Twelve Thousand Five Hundred Dollars

2s
26

II

($12,500.00), allocated to the Net Settlement Amount.

f)

Payment Of Individual Settlement Awards To Class Members.

27

After the amounts described in Paragraph 17, subparagraphs (a) through (e),

28

above, have been deducted from the Total Class Action Settlement Amount,
14
Case No. 2:14-CV-06412 GW
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1

the remainder - the Net Settlement Amount - shall be distributed to each

2

Class Member, in the following manner:

3

Each Class Member' s share of the Net Settlement Amount - i.e., each

4

Individual Settlement Award - will be calculated as follows: The Net

5

Settlement Amount shall be divided by the number of aggregate

6

qualified weeks worked by all Class M embers during the Class Period

7

to produce a "Weekly Settlement Value." A " qualified week" shall be

8

any week in which a Class Member was employed by Defendant in

9

California in a non-exempt job position - excluding in a position with

10

responsibility for maintaining and/or enforcing .the policies, procedures,

11

customs and/or business practices complained of in the Action - during

12

the Class Period. Each Class Member shall be eligible to receive a

13

settlement payment in the amount of the total number of qualified

14

weeks the Class Member worked for Defendant during the Class Period

15

multiplied by the Weekly Settlement Value, less applicable

16

withholdings, provided that the Class Member has not submitted a

17

Request for Exclusion.
18.

18
19

Non-Reversionruy Settlement. There will be no reversion to Defendant

following the claims process. In the event that an Individual Settlement Award is

20 paid to a Class Member by check and the check is not cashed on or before the Check

21

Cashing Deadline, the amount of the Individual Settlement Award shall be

22

considered unclaimed. Each unclaimed Individual Settlement Award shall be

23

tendered to the State of California Unclaimed Wages Fund in the Class Member's

24 name.
25
26
27

VII. CLAIMS ADMTNISTRATION
19.

Claims Administrator's Duties. The Claims Administrator shall be

responsible for (a) processing the data provided by Defendant to be used in

28 calculating Individual Settlement Awards; (b) preparing, printing, and mailing to
15

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1

Class Members the Notice (attached hereto as Exhibit A), as well as following up

2

with reasonable skip tracing; ( c) notifying the Parties of the identity of Class

3

Members who submit timely Requests for Exclusion; (d) calculating and mailing

4

Individual Settlement Awards to Class Members; (e) calculating and paying the

5 employer' s share of the applicable federal and state withholding taxes; (f) filing any
6

required federal and state tax forms and related agency reporting; (g) filing any

7 required reports with the Court; and (h) any and all such other tasks as to which the

8 Parties mutually agree, or which the Court orders the Claims Administrator to
9
10
11

perform. The claims process shall be anonymous to the extent possible.
Specifically, the Claims Administrator shall perform the following duties:
a)

Processing Data Provided By Defendant. Upon receipt of the

12

data provided by Defendant pursuant to Paragraph 24 herein, the Claims

13

Administrator shall determine, for each Class Member: (i) the Class Member's

14

name, (ii) the Class Member's last known address, (iii) the last four digits of

15

the Class Member' s social security number, and (iv) the Weekly Settlement

16

Value to be paid to the Class Member pursuant to Paragraph 17, subparagraph

17

( f), above.

18

b)

Mailing Of Notice. Within ten (10) calendar days of receipt of

19

the database containing the information to be provided by Defendant pursuant

20

to Paragraph 24 herein, the Claims Administrator shall mail a copy of the

21

Notice to all Class Members by first class regular U.S. Mail, using the most

22

current mailing address information possessed by Defendant. The Claims

23

Administrator will engage in address searches consistent with its normal

24

practices in administering settlements of wage claims, including skip tracing.

25

Such search efforts shall include, where necessary, using social security

26

numbers to obtain better address information and attempting to call such Class

27

Members. Any returned envelopes from this mailing with forwarding

28

addresses will be utilized by the Claims Administrator to forward the Notices
16

Case No. 2: 14-CV-06412 GW

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to the Class Members.
2

c)

Re-Mailing Of Returned Notices. Notices returned to the Claims

3

Administrator as non-delivered shall be re-sent to the forwarding address, if

4

any, on the retwned envelope. A returned Notice will be forwarded only once

5

per Class Member by the Claims Administrator. Upon completion of these

6

steps by the Claims Administrator, the Parties shall be deemed to have

7

satisfied their obligation to provide the Notice to the affected Class Member.

8

The affected Class Member shall remain a Class Member and shall be bound

9

by all the terms of this Stipulation and the Court's Final Order and Judgment.

10

d)

Processing Requests For Exclusion ("Opt-Outs") From

11

Settlement. In the event that a Class Member requests to be excluded ("opts

12

out") from the Settlement provided herein, he or she must mail a written

13

Request for Exclusion to the Claims Administrator by first class U.S. Mail, or

14

equivalent, postage paid and postmarked, by no later than the Opt-Out

15

Deadline, which is thirty (30) calendar days after the date that the Claims

16

Administrator originally mails Notices to Class Members. To be valid, the

17

written Request for Exclusion must include (i) the Class Member's name, (ii)

18

the Class Member's address, (iii) a request for exclusion, and (iv) the Class

19

Member's signature. The Claims Administrator shall notify Class CounseJ

20

and Defendant's Counsel of its receipt of all valid Requests for Exclusion

21

within three (3) business days after having received each such Requests for

22

Exclusion.

23

e)

Payment Of Individual Settlement Awards. The Claims

24

Administrator shall be solely responsible for the disbursement of the

25

Individual Settlement Award payments.

26

f)

Adjustments To Individual Settlement Awards. The Claims

27

Administrator shall perform additional calculations for the purpose of

28

determining the final amount to be distributed to Class Members as Individual
17

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JOINT STIPULATION RE: CLASS ACTION SEITLEMENT

1

Settlement Awards by removing the number of Class Members for whom the

2

Notice was returned as undeliverable from the total number of Class Members

3

used to divide the total Net Settlement Amount prior to finalizing the

4

Individual Settlement Awards.

5

g)

Declaration Of Due Diligence. No later than ten (IO) calendar

6

days prior to the Final Settlement Approval Hearing, the Claims Administrator

7

shall provide both Parties with a declaration of due diligence to be filed with

8

the Court.

9

h)

Allocating Portions Of The Individual Settlement Awards As

10

Wages. The Claims Administrator shall be responsible for calculating the

11

portion of each Individual Settlement Award to be allocated as wages. Thirty-

12

three percent (33%) of each Individual Settlement Award shall be allocated as

13

wages. Sixty-seven percent (67%) of each Individual Settlement Award shall

14

be allocated as non-wages, which includes consideration for release of claims

15

seeking interest and penalties.

16

i)

Taxation Of Individual Settlement Awards. The Claims

17

Administrator shall be responsible for paying the employer's and employees'

18

share of federal, state, and local payroll and income taxes. The portion of each

19

Individual Settlement Award allocated as wages shall be subject to payroll

20

withholding. The employer's share of payroll taxes shall be paid in addition to

21

the Total Class Action Settlement Amount. Appropriate withholding of the

22

employee's share of income taxes shall be deducted from each Individual

23

Settlement Award.

24

t.

Federal Tax Reporting. The Claims Administrator shall

25

issue an IRS Fonn W-2 to each Class Member for the

26

portion of the Individual Settlement Award that is

27

designated as wages. The Claims Administrator shall issue

28

an IRS Form 1099 to each Class Member for the portion of
18
Case No. 2:14-CV-06412 GW
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1

the Individual Settlement Awards that is not designated as

2

wages. The Claims Administrator shall issue an IRS Form

3

1099 to the Class Representatives for any enhancement

4

award paid pursuant to Paragraph 17, subparagraph ( c ),

5

above, in connection with their roles as Class

6

Representatives.

7

11.

State Tax Reporting. The Claims Administrator shall file,

8

with the California Employment Development Department

9

("EDD"), the required reports of Personal Income Tax

10

("PIT') wages withheld from the Individual Settlement

11

Awards, as well as the amounts to be paid as

12

Unemployment Insurance ("Dr'), Employment Training

13

Tax ("EIT'), and State Disability Insurance ("SDI"). For

14

purposes of this reporting, prior to disbursement of the

15

Individual Settlement A wards, the Claims Administrator

16

shall provide Defendant with a list of all Class Members,

17

and Defendant shall provide to the Claims Administrator

18

the following information: (1) its Form DE 2088, Notice of

19

Contribution Rates and Statement of UT Account, for the

20

current calendar year (if unavailable, Defendant may

21

provide instead their California State Employer's

22

Identification Number and its applicable UI and ETT

23

Rates); and (2) the year-to-date earnings of each Class

24

Member who received any wages from Defendant during

2s
26

I

the current calendar year.
ni.

Responsibility For Tax Obligations. All Class Members

27

and the Class Representatives will be responsible for

28

correctly characterizing the compensation they receive for
19
Case No. 2:14-CV-06412 GW
JOINT STIPULATION RE: CLASS ACTION SEITLEMENT

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1

tax purposes and for paying any taxes on the amounts

2

received, except for the employer contributions which will

3

be handled as provided by this Stipulation. The Class

4

Members and the Class Representatives agree to indemnify

5

Defendant for any liability Defendant incurs to any tax

6

authority on account of the Class Members' or Class

7

Representatives' failures to pay all taxes due on amounts

8

they receive hereunder, except if the failure results from

9

Defendant's failure to pay their own portion of taxes due.

10

The liability of each Class Member, and each Class

11

Representative is limited to the liability caused by that

12

individual's own failure.

13

j)

Mailing Of Individual Settlement Awards. Within ten (10)

14

calendar days after Defendant's transfer of funds to the Claims Administrator,

15

the Claims Administrator shall mail all Class Members their Individual

16

Settlement Awards. Each check issued to a Class Member shall remain valid

17

and negotiable for one hundred eighty (180) days from the date of issuance.

18

Those Individual Settlement Awards not cashed by the Check Cashing

19

Deadline shall be canceled automatically, in which event the Class Member's

20

claim will be deemed void and the unclaimed funds shall be sent to the State

21

of California Unclaimed Wages Fund in the Class Member's name.

22

k)

Certifying The Class Members Bound By The Settlement.

23

Within fifty (50) calendar days from the Effective Date, the Claims

24

Administrator shall file written certification with the Court with copies to

25

counsel for all Parties that all Class Members have been mailed their

26

Individual Settlement Awards.

27
28

1)

Payment Of Attorneys' Fees And Costs. The Claims

Administrator shall pay the attorneys' fees and costs, as detailed in Paragraph
20
Case No. 2:14-CV-06412 GW
JOINT STIPULATION RE: CLASS ACTION SETILEMENT

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17, subparagraphs (a) and (b), above, within ten ( 10) calendar days after the
2

Effective Date.

3

m)

Payment Of PAGA Allocation. The Settlement Administrator

4

shall mail to the LWDA the State of California's allocated portion of the

5

Court-approved PAGA Allocation, as detailed in Paragraph 17, subparagraph

6

( e ), above, within ten (I 0) calendar days after the Effective Date.

7

20.

Disputes Regarding The Claims Administrator's Performance Of

8 Duties. All disputes relating to the Claims Administrator's performance of its duties
9 shall be referred to the Court, if necessary, which will have continuing jurisdiction
1o over the terms and conditions of this Stipulation until all payments and obligations

11

contemplated by this Stipulation have been fully carried out.

12

vm. DUTIES OF THE PARTIES PRIOR TO PRELIMINARY COURT

13

APPROVAL

14

21.

Submission Of Stipulation To Court. The Parties shall promptly submit

15 this Stipulation to the Court in support of Plaintiffs motion for preliminary approval
16 and determination by the Court as to the fairness, adequacy, and reasonableness of

17 this Stipulation, and shall apply to the Court for the entry of an order substantially in

the following form:

18

a)

19

Scheduling a fairness hearing on the question of whether the

20

proposed Settlement - including payment of attorneys' fees, attorneys' costs,

21

appointment of Class Representatives and the amount of their enhancement

22

award, and the method of determining Individual Settlement Awards to be

23

paid to Class Members - should be finally approved as fair, reasonable, and

24

25

I

I

adequate as to the Class;
b)

Approving as to form and content the proposed Notice (attached

26

as Exhibit A);

27

c)

28

Directing the mailing of the Notice, by first class U.S. Mail, to

the Class Members, pursuant to the terms specified herein;
21

Case No. 2:14-CV-06412 GW

JOINT STIPULATION RE: CLASS ACTION SETILEMENT

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d)

1

Preliminarily approving the Settlement, subject only to the

objections of Class Members and final review by the Court; and

2

e)

3

Enjoining the Class Representatives and all Class Members from

4

filing or prosecuting any claims, suits, or administrative proceedings

5

(including filing claims with the California Division of Labor Standards

6

Enforcement) regarding claims released by the Settlement unless such

7

individuals have submitted valid Requests for Exclusion to the Claims

8

Administrator. The parties expressly agree that if the Court refuses to enter

9

this injunction, this provision shall be severable and will not affect the
remainder of this Stipulation.

1O
11

The [Proposed] Preliminary Approval Order to be submitted shall be the document

12

attached hereto as Exhibit B, unless the Court's orders during the approval process .

13

require revisions to be made. Unless the Parties agree otherwise, only necessary

14 revisions shall be made to the [Proposed] Preliminary Approval Order to be
15

submitted to the Court.
22.

16

Amendment Of This Stipulation To Conform To The Court's Order. To

17

the extent the Court does not approve this Stipulation, or any term contained herein,

18

and instead allows the Parties to amend this Stipulation, the Parties agree to

19

cooperate in good faith to amend the Stipulation in accordance with the Court' s

20

direction, and to retain all other terms of the Stipulation that the Court approves.

21

IX.

DUTIES OF THE PARTIES FOLLOWING PRELIMINARY COURT

22

APPROVAL

23

23.

24

Timely Approval Of Documents To Be Mailed By The Claims

Administrator. Counsel for the Parties shall respond to requests by the Claims

25 Administrator to approve all claims administration documents, including the Notice
26

to be mailed to the Class, within seven (7) calendar days of the Claims

27

Administrator' s request for approval.

28

24.

Defendant' s Provision Of Class Member Data To Claims Administrator.
22

Case No. 2:14-CV-06412 GW

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1

No later than thirty (30) calendar days following preliminary approval of this

2

Settlement by the Court, Defendant shall provide the Claims Administrator with data

3

that is within Defendant's possession containing, for each Class Member: (a) the

4

Class Member's name, (b) the Class Member's last known address, and (c) the Class

5 Member's social security number. In addition to that data, if the Claims

6 Administrator determines that it needs any Class Members' last-known phone
7

numbers in order to effectuate the settlement, Defendant will provide such

8

information to the Claims Administrator, to the extent such information is available

9 to Defendant, within seven (7) calendar days after the Claims Administrator's
1O request. This Class information is confidential and not to be disclosed to anyone
11

other than the Claims Administrator. This information shall be based on

12

Defendant's payroll and other business records, and shall be in a format readily

13

accessible to Defendant. Within ten (10) calendar days of receipt of the information

14

from Defendant, the Claims Administrator will mail the Notice to the Class

15

Members, provided that counsel for the Parties have approved the documents

16 pursuant to Paragraph 23 herein. In the event that approval of the documents

17 pursuant to Paragraph 23 takes more than ten (10) calendar days, the Claims

18

Administrator shall mail the Notice to the Class Members within two (2) business

19 days of receiving approval of the documents pursuant to Paragraph 23.
20

25.

Disputes Arising From Claims Administration. Any disputes arising

21

duri..tJ.g the claims acl'llinistration process must be resolved informally by counsel for

22

the Parties and, if the Parties cannot agree, by the Claims Administrator, within ten

23

(10) calendar days of the Opt-Out Deadline.

24
25

26.

Motions By Class Counsel.
a)

Motions Required For Final Approval Of The Settlement. Class

26

Counsel shall timely prepare, subject to Defendant's review and right to

27

comment, Final Settlement Papers in conformance with the terms of this

28

Settlement, including (1) a motion for final approval of the Settlement; (2) a
23
Case No. 2:14-CV-06412 GW
JOINT STIPULATION RE: CLASS ACTION SETILE.:."\IBNT

Kx

1

motion for award of attorneys' fees and costs; (3) a motion for Class

2

Representatives' enhancement awards; (4) the [Proposed] Final Settlement

3

Order; and (5) any other documents, petitions, or motions required to

4

effectuate this Settlement - including, but not limited to, any additional

5

proposed orders requested by the Court. Class Counsel must submit the Final

6

Settlement Papers to Defendant's Counsel no later than three (3) court days

7

prior to the deadline for filing the motion for final approval of the Settlement.

8

In the event that Class Counsel and Defendant's Counsel cannot resolve any

9

dispute regarding the Final Settlement Papers arising from Defendant's right

10

to review and comment, Defendant's Counsel shall submit its objections to the

11

Final Settlement Papers to the Court before or during the Final Settlement

12

Approval Hearing.

13
14
15

b)

[Proposed] Final Settlement Order. The [Proposed] Final

Settlement Order shall include a proposed Final Order and Judgment ordering:
i.

Approval of the Settlement, adjudging the terms thereof to

16

be fair, reasonable, and adequate, and directing

17

consummation of its terms and provisions;

18

n.

Approval of Class Counsel's application for an award of

19

attorneys' fees and costs (Class Counsel will separately

20

submit a motion for award of attorneys' fees and costs);

21

111.

Approval of the proposed Fourth Amended Complaint,

22

attached hereto as Exhibit D, adding claims against

23

Defendant for split shift pay and unreimbursed business

24

expenses, and deeming it filed as of the date of Final

25

Approval of the Settlement;

26

1v.

Representatives;

27

28

Approval of the enhancement awards to the Class

v.

Dismissal of the Action with prejudice and permanently

24
Case No. 2:14-CV-06412 GW
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1

barring and enjoining the Class Representatives and all

2

Class Members from prosecuting against the Released

3

Parties any claims released herein pursuant to Paragraphs

4

14 and 15, above, including any Released Class Claims

5

and, with respect to the Class Representatives, any claims

6

covered by the general release, upon satisfaction of all

7

payments and obligations hereunder; and
v1.

8

Reserving jurisdiction over the construction, interpretation,
implementation, and enforcement of the Parties'

9

10

Settlement, and over the administration and distribution of

11

the Settlement amounts.

12

The [Proposed] Final Approval Order and Judgment to be submitted shall be the

13

document attached hereto as Exhibit C, unless the Court's orders during the

14

approval process require revisions to be made. Unless the Parties agree otherwise,

15

only necessary revisions shall be made to the [Proposed] Final Approval Order and

16

Judgment to be submitted to the Court.
27.

17

Fairness Hearing. Upon expiration of the Opt-Out Deadline, the Parties

shall attend a Final Settlement Approval Hearing with the Court to finally approve

18

19 the Settlement as fair, reasonable, and adequate as to (a) Class Members; (b)
20

attorneys' fees and costs to Class Counsel; (c) the enhancement awards to Class

21

Representatives; (d) the costs and fees for claims administration; (e) the PAGA

22

Allocation, and (t) the Individual Settlement Awards to be paid to the Class

23

Members, including the methodology used to calculate such awards.

24

X.

2s
26

I

DUTIES OF THE PARTIES FOLLOWING FINAL COURT
APPROVAL
28.

Final Settlement Approval, And Entry Of Judgment. At or before the

27

Final Settlement Approval Hearing, Class Counsel shall submit the [Proposed] Final

28

Settlement Approval Order and Judgment to the Court for the Court's approval and
25

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1

entry. After entry of the Final Settlement Approval Order and Judgment, the Court

2

shall have continuing jurisdiction over the administration of the Settlement.
29.

3

Payment Of Settlement Amount. Not later than twenty (20) calendar

4

days following the Effective Date, Defendant shall deposit the Total Class Action

5

Settlement Amount into an account established by the Claims Administrator. The

6

Claims Administrator will retain authority over the deposited funds, which are to be

7 used in accordance with this Stipulation and any orders of the Court. The Claims
8 Administrator shall make all payments and other disbursements required by this

Stipulation from the Total Class Action Settlement Amount. Defendant shall have

9

10 no further obligations over the distribution of the Total Class Action Settlement

Amount.

11

30.

12

Provision Of Final Settlement Approval Order And Judgment To

Claims Administrator. Within two (2) business days of final approval by the Court

13

14 of the Settlement provided for in this Stipulation, Class Counsel shall provide the
15

Claims Administrator with a copy of the Final Settlement Approval Order and

16

Judgment.

17

XI.

ADDITIONAL TERMS
31 .

18

Nullification Of Settlement. This Stipulation shall be null and void, and

19

any order of judgment entered by the Court in furtherance of the Settlement shall be

20

vitiated nunc pro tune, if any of the following occurs:
a)

21

and Judgment as provided for herein or contemplated by this Stipulation;

22
23

b)

The Court does not finally approve the Settlement as provided for

herein;

24

2s

The Court does not enter the Final Settlement Approval Order

II

c)

The Court does not enter a Final Settlement Approval Order and

26

Judgment as provided for herein that becomes final as a result of the

27

occurrence of the Effective Date; or

28

d)

The Settlement does not become final for any other reason.
26
Case No. 2:1 4-CV-06412 GW
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1

In such a case, the Parties shall be returned to their respective statuses as of the date

2

of October 25, 2016, and the Parties shall proceed in all respects as if this Stipulation

3

had not been executed. If an appeal is filed from the Court's Final Settlement

4

Approval Order and Judgment prior to the Effective Date, administration of the

5 Settlement shall be immediately stayed pending final resolution of the appeal
6 process.
7

32.

No Admissions. Nothing contained herein is to be construed or deemed

8

to be an admission of liability or wrongdoing by Defendant. This Stipulation and the

9

attached exhibits are settlement documents, and, pursuant to California Evidence

1O Code section 1152, these documents shall be inadmissible in any proceeding except
11

12
13

14

in an action or proceeding to approve, interpret, or enforce this Stipulation.
33.

Amendment Or Modification. This Stipulation may be amended or

modified only by a written instrument signed by counsel for all Parties.
34.

Entire Agreement. This Stipulation and the accompanying exhibits

15

constitute and comprise the entire agreement between the Parties. No oral or written

16

representations, warranties, or inducements have been made to any of the Parties

17

concerning this Stipulation other than the representations, warranties, and covenants

18

contained and memorialized herein.

19

35.

Construction. The Parties agree that the terms of this Stipulation and

20

the accompanying exhibits are the result of lengthy, arms-length negotiations, and

21

lliat this Stipulation shall not be construed in favor of or against any of the Parties by

22

reason of the extent to which any of the Parties or their respective counsel

23

participated in the drafting of this Stipulation.

24

36.

Parties' Authority. The signatories to this Stipulation represent that

25

they are fully authorized to enter into this Stipulation and to bind the Parties hereto to

26

the terms and conditions hereof.

27
28

37.

Successors And Assigns. This Stipulation is binding upon, and inures

to the benefit of, the Parties' successors and assigns. The Parties represent and
27

Case No. 2:14-CV-06412 GW

JOINT STIPULATION RE: CLASS ACTION SEITLEMENT

Kx

1 warrant that they have not, directly or indirectly, assigned, transferred, or
2

encumbered to any person or entity any portion of any claim, demand, action, cause

3

of action, or rights herein released and discharged except as set forth herein.

4

38.

Enforcement Of Actions. In the event that any of the Parties to this

5

Stipulation institutes any legal action, arbitration, or other proceeding against any of

6

the other Parties to enforce the provisions of this Stipulation or to declare rights or

7 obligations under this Stipulation, the successful Party shall be entitled to recover
8 from the unsuccessful Party or Parties, reasonable attorneys' fees and costs,
9

including expert witness fees, incurred in connection with any such enforcement

Io proceedings.
11

12

13

39.

Governing Law. All terms of this Stipulation shall be governed by and

interpreted according to the laws of the State of California.
40.

Jurisdiction Of The Court. The Court shall retain jurisdiction with

14 respect to the interpretation, implementation, and enforcement of the terms of this
15
16

Stipulation and all orders and judgments entered in connection therewith.
41.

Counterparts. This Stipulation may be executed in one or more

17 counterparts. All executed counterparts, and each of them, shall be deemed to be one
18

and the same instrument. Signatures may be affixed either by original signatures,

19 PDF, or facsimile.
20

21

42.

Notices. Unless otheiwise specifically provided in this Stipulation, all

notices, demands, and/or other communications will be in writing and will be

22 deemed to have been duly given as of the third (3rd) business day after mailing by
23

U.S. Mail, addressed as follows:

24

25

26
27

28

To The Class:
MARLIN & SALTZMAN, LLP
Stanley D. Saltzman
Stephen P. 0 'Dell
David C. Leimbach
29229 Canwood Street) Suite 208
Agoura Hills, Califorma 91301
28

Case No. 2:14-CV-06412 GW

JOINT STIPULATION RE: CLASS ACTION SETTLEMENT

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1

To Defendant:

2

OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Lori A. Bowman
Beth Gunn
Jennifer L. Katz
400 South Ho2e Street, Suite 1200
Los Angeles, California 90071

3
4

5
6

7

43.

Enforceability. The Parties intend for this Agreement to be enforceable

in the United States District Court, Central District of California, by and subject to

8 the Court's pendingjurisdiction.
9

44.

Interpretation. This Stipulation shall be construed as a whole according

10

to its fair meaning. It shall not be construed strictly for or against any Party. Unless

11

the context indicates otherwise, the term "or" shall be deemed to include the term

12 "and," and the singular or plural number shall be deemed to include the other.

13

Captions and headings are intended solely for convenience of reference and shall not

14

be used in the interpretation of this Stipulation.

15
16

45 .

Confidentiality.
a)

Media Comment. The Parties and their respective counsel agree

17

that the terms of this Settlement (including, but not limited to, any settlement

18

amounts), the negotiations leading to this Settlement, and all documents

19

related to the Settlement, shall not be discussed with, publicized, or promoted

20

to the media, except as necessary in order to enforce its tenns. The Parties and

21

their counsel agree that they will not directly or indirectly issue any press

22

release, hold any press conference, initiate any contact with any members of

23

the news media - including, but not limited to, any radio or television stations,

24

newspapers, or magazines - regarding the settlement between the Parties, this

25

Stipulation, or the negotiations of this Stipulation. Jn response to any

26

inquiries, including those from media outlets, concerning the settlement, the

27

Parties and their respective counsel agree that they shall simply respond by

28

stating, "the matter has resolved."
29
Case No. 2:14-CV-06412 GW
JOINT STIPULATION RE: CLASS ACTION SETTLEMENT

Kx

b)

1

Class Counsel Marketing And Adequacy Declarations. Class

2

Counsel agrees not to use Defendant's name in marketing materials. Class

3

Counsel and Class Representatives will not make any posting on any website,

4

instant message site, blog, or social networking site that uses Defendant's

5

name, and will not list or refer to the Action in any website, mailings,

6

publicity, or other similar fora or materials. However, following entry by the

7

Court of the Final Order and Judgment, in marketing materials or on websites,

8

Class Counsel shall be entitled to provide a brief description of the nature of

9

the case, the amount of the settlement, and that the defendant in the action was

1o

"a retailer"; Defendant shall approve the final language of any such statements

11

made by Class Counsel regarding the Action.

12

46.

Exhibits Incorporated By Reference. The terms of this Stipulation

13

include the terms set forth in any attached Exhibit, which are incorporated by this

14

reference as though fully set forth herein. Any Exhibit to this Stipulation is an

15

integral part of the Settlement.

16

47.

Interim Stay Of Proceedings. The Parties agree to refrain from further

17

litigation of this matter, except such proceedings necessary to implement and obtain

18

an Order granting Final Approval of the terms of the Settlement. The Parties further

19

agree that the mutual, voluntary cessation of litigation shall terminate either as of the

20

Effective Date or the date upon which this Settlement has been denied by the Court

21

and all subsequent attempts to cure deficiencies pursuant to Paragraph 22 have

22

ended.

23

48.

Invalidity Of Any Provision. Before declaring any provision of this

24

Stipulation invalid, the Court shall first attempt to construe the provisions valid to

25

the fullest extent possible consistent with applicable precedents so as to define all

26

provisions of this Settlement valid and enforceable.

27
28

49.

Class Certification For Settlement Purposes Only. The Parties agree to

stipulate to class certification only for purposes of the Settlement. If, for any reason,
30
Case No. 2:14-CV-06412 GW
JOINT STIPULATION RE: CLASS ACTION SETTLEMENT

Kx

1 the Settlement is not approved, the stipulation to certification will be void. The

2 Parties further agree that certification for purposes of the Settlement is not an
3

admission that class certification is proper under the standard applied to contested

4

certification motions and that this Settlement will not be admissible in this or any

5

other proceeding as evidence that (i) a class should or should not be certified or (ii)

6

Defendant is or is not liable to Class Representatives or the putative Class Members.

50.

7

Adding Claims For Settlement Purposes Only. Defendant agrees to

8

stipulate to allow Plaintiffs to add claims for split shift pay and unreimbursed

9

business expenses in the Action for the purpose of effectuating the Settlement, as

1O such potential claims were fully considered and negotiated as part of the Parties'

11

settlement negotiations. Attached hereto as Exhibit D is a Fourth Amended

12

Complaint, to be deemed the operative complaint in this matter as of the date that the

13

Final Approval Order is entered. If, for any reason, the Settlement is not approved

14

and/or final approval is not granted as anticipated in this Stipulation, Defendant

15

reserves the right to object to the addition of Plaintiffs' claims for split shift pay and

16

unreimbursed business expenses in the Action.
51.

17

All Terms Subject To Final Court Approval. All amounts and

18 procedures described in this Stipulation shall be subject to final Court approval.

52.

19
20

Execution Of Necessary Documents. All Parties shall execute all

documents reasonably necessary to effectuate the terms of this Settlement.

53.

21

Binding Agreement. The Parties intend that this Settlement shall be

22

fully enforceable and binding on all Parties, and that it shall be admissible and

23

subject to disclosure in any proceeding to enforce its terms, notwithstanding any

24

mediation confidentiality provisions that otherwise might apply under federal or state

25

law.

I

26

27

[Signature pages to follow.]

28
31
Case No. 2:14-CV-06412 GW
JOINT STIPULATION RE: CLASS ACITON SETTLEMENT

Kx

------~ 2017

By:

1-u-u-0-Pernan~--ae-z~~~~~~

Plaintiff and ClBSS Representative

, 2017

VICTORIA,S SECRET STORBS, LLC

13

14
lS

18

19

20

21
22

Atto_m_eys for Plaintiffs
MAYRA CASAS and JUUO
FERNANDEZ

23
24

25

26
27

28
32

Case No. 2:14-CV..()6412 OW

JOINT STIPULATION RE: CLASS ACI10N SEITLBMENT

l

DATED: _ _ _ _ _ _ 2017

2

3

By:MiYfi

4

Plaintiff and Class R.epft:sentative

: DATED:

f(.,rfi '2 /

Casas

_,2017

I

2017

~----~2017

VICTORIA'S SECRET STORES, LLC

MARLIN & SALTZMAN. LLP

By:

Stiiitey D. Siltzman

.

Stephen P. o•Dell
David C. Leimbach

Atto_Qteys for Plaintiffs
MAYRA CASAS and JULIO
FERNANDEZ
23
24

25

26
27

28
32
CaleNo. 2:14-CV..o64120W
JOINT STIPULATION RB: CLASS ACTlON SE1TLBMBNT

1CX

1

2

DATED: ...&....--'~'-------'--'' 2017
'fv\~CY'\ \

OGLETREEA DEAKINS~NASH,
SMOAK & ~TEWART, .t' .C.

3
4
5
6

7

Attorney~ for

Defendant
VICTORIA'S SECRET STORES, LLC

8
9

10
11

12
13

14
15
16

17
18

19
20

21
22
23
24
25

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33
Case No. 2:14-CV-06412 GW
JOINT STIPULATION RE: CLASS ACTION SETTLEMENT

K.x

EXHIBIT A
to Joint Stipulation Re Class Action Settlement

EXHIBIT A
to Joint Stipulation Re Class Action Settlement

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF CLASS ACTION SETTLEMENT
PLEASE READ CAREFULLY AS
THIS NOTICE MAY AFFECT YOUR RIGHTS
MAYRA CASAS, JULIO FERNANDEZ, individuals,
on behalf of themselves and all others similarly
situated,

CASE NO.: 2:14-cv-06412 GW (VBKx)
JUDGE: Honorable George H. Wu
COURTROOM: 9D

Plaintiff,
vs.
NOTICE OF CLASS ACTION SETTLEMENT
VICTORIA’S SECRET STORES, LLC, a business
entity of unknown form; LIMITED BRANDS, a
business entity of unknown form; and DOES 1 through
100, inclusive,
Defendants.
I.

WHY DID I GET THIS NOTICE?

This notice explains that a settlement has been reached in the case entitled Mayra Casas, et al. v. Victoria’s
Secret Stores, LLC, et al., Case No. 2:14-cv-06412 GW (VBKx) (the “Lawsuit”). You are receiving this notice
because the records of Victoria’s Secret Stores, LLC (“VSS”) indicate that you are a member of the proposed
“Class” of employees included in the Lawsuit, because you are a current or former VSS employee who worked in
California during the time period of July 9, 2010 to August 10, 2017, who was classified as non-exempt from
overtime pay (hourly). Not included in the Class are VSS’ 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 Lawsuit. As a member of the proposed Class, you are eligible to
receive a portion of the settlement amount.
This is not a notice of a lawsuit against you. You are not being sued. The Lawsuit was brought on behalf of all
Class members, for their benefit. Your participation, or non-participation, in the Settlement will not affect your
employment with VSS in any way whatsoever.
The Court has ordered that this notice be sent to you because VSS’ records indicate that you are a member of the
Class. The purpose of this notice is to inform you of the proposed Settlement of the Lawsuit. The notice is also
intended (i) to describe the Settlement, including how the Settlement monies will be allocated and how the
Settlement may affect you, and (ii) to advise you of your rights and options with respect to the Settlement.
II.

WHAT IS THE CLASS ACTION LAWSUIT ABOUT?

In July 2014, a then-current VSS employee filed a lawsuit in which she alleged multiple violations of California
wage-and-hour laws that were believed to be effecting all members of the proposed Class of employees described
above, including: (1) failure to pay reporting time pay for regular shifts; (2) failure to pay reporting time pay for
Page 1 of 6

“call-in” shifts; (3) failure to pay for all time worked; (4) failure to maintain required business records; (5) failure
to provide accurate itemized wage statements; (6) unfair business practices; and (7) civil penalties under the
Private Attorneys General Act (PAGA). Another former VSS employee was subsequently added to the Lawsuit.
These two individuals who are suing VSS are referred to in this document as “Plaintiffs.” The Lawsuit was
transferred from State to Federal Court in the Central District of California, and was litigated there prior to this
settlement.
VSS contends that the members of the Class have been paid all monies that were due to them, maintains that it
has at all times complied with California’s wage-and-hour laws, and vigorously denies any wrongdoing alleged
by Plaintiffs.
The Court has not ruled on whether Plaintiffs’ allegations have any merit. However, for the purpose of avoiding
the time and expense of further litigation, the ultimate outcome of which is uncertain, and to provide a fair and
reasonable resolution of this legal dispute, Plaintiffs and VSS have negotiated a settlement whereby VSS has
agreed to pay $12,000,000.00 to resolve the matter, and Class Members will be eligible to receive a portion of
this amount. This Settlement is not an admission by VSS of any liability.
III.

WHO IS INCLUDED IN THIS CLASS ACTION LAWSUIT?

The proposed Class is defined to include the following individuals:
Class Members” shall mean all current and former employees of VSS, who worked in
California during the Class Period and who were classified as non-exempt from overtime pay,
excluding VSS, 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 Lawsuit.
Additionally, a Subclass shall be formed to represent all members of the foregoing Class whose
employment with VSS terminated during the Class Period.
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 August 10, 2017.
IV.

WHAT DOES THE PROPOSED SETTLEMENT OFFER?

Under the terms of the parties’ proposed settlement, the following will occur if the Settlement is given final
approval by the Court:
A.

VSS will pay Twelve Million Dollars ($12,000,000.00) to settle the claims of all Class Members.

B.
A claims administrator has been appointed by the Court to administer the Settlement. The claims
administrator will pay from the $12,000,000.00: (1) Plaintiffs’ costs of litigation, up to the amount of
$20,000.00; (2) The expenses of administering the Settlement, up to the amount of $200,000.00; (3) Plaintiffs’
counsel’s attorneys’ fees, up to $3,600,000.00; (4) An enhancement award of $10,000.00 to each Plaintiff; and
(5) $37,500.00 to the California Labor & Workforce Development Agency, representing 75% of the $50,000.00
allocated to the settlement of Plaintiffs’ claim for penalties under the Private Attorneys General Act of 2004
(California Labor Code sections 2698, et seq.) (“PAGA”). The remainder of the $12,000,000.00, currently
estimated to be at least $8,122,500.00, will be available to be distributed to all Settlement Class Members; this
amount is called the Net Settlement Fund (“NSF”).
Page 2 of 6

C.
The amount stated above to be distributed to the Settlement Class Members will be divided among
all Settlement Class Members as follows. After the amounts described in paragraph IV.B, above, are deducted,
the resulting NSF will be divided by the total number of “qualified weeks” worked by all Class Members during
the Class Period, to produce a “Weekly Settlement Value.” A “qualified week” is any week in which a
Settlement Class Member was employed by VSS in California in a non-exempt job position – excluding in a
position with responsibility for maintaining and/or enforcing the policies, procedures, customs and/or business
practices complained of in the Action – during the Class Period. You will be eligible to receive a Settlement
payment in the amount of the total number of qualified weeks you worked for VSS during the Class Period
multiplied by the Weekly Settlement Value, less applicable withholdings, unless you choose to opt out of (i.e.,
not participate in) the Settlement.
Please note that those Settlement Class Members who are members of the Subclass referred to in
Section III above, which includes those Class Members “whose employment with VSS
terminated during the Class Period,” will receive a five percent (5%) increase in their Settlement
payment amount, to reflect the estimated settlement value of the claim for “waiting time
penalties” under California Labor Code section 203, a claim which only former employees may
pursue.
D.
If the Court grants final approval of the settlement agreement and you do not opt out of the
settlement, then you will release VSS and all of VSS’ current or former parent companies, subsidiary companies
and/or related companies, partnerships, or joint ventures, and, with respect to each of them, all of their and/or
such related entities’ predecessors and successors, and, with respect to each such entity, all of its past, present,
and future employees, officers, partners, principals, directors, stockholders, owners, representatives, assigns,
attorneys, agents, insurers, employee benefit programs (and the trustees, administrators, fiduciaries, and insurers
of such programs), and any other persons acting by, through, under, or in concert with any of the persons or
entities listed in this subsection, and their successors (the “Released Parties”), from any and all claims, actions,
demands, causes of action, suits, debts, obligations, damages, rights or liabilities that have been asserted by
Plaintiffs, or the Class Members or any of their respective heirs, executors, administrators, beneficiaries,
predecessors, successors, attorneys, assigns, agents, and/or representatives arising out of any claims that were
encompassed in the Action, and any claims which reasonably flow from the facts alleged in Plaintiffs’
Complaint, First Amended Complaint, Second Amended Complaint, Third Amended Complaint, or Fourth
Amended Complaint, including, but not limited to: claims for unpaid wages (including claims for minimum wage
and overtime compensation); reimbursement of business expenses pursuant to Labor Code section 2802; interest;
penalties (including waiting time penalties pursuant to Labor Code section 203, pay stub penalties pursuant to
Labor Code section 226, and civil penalties pursuant to the Labor Code Private Attorneys General Act of 2004
(Labor Code sections 2698, et seq.) (“PAGA”)); claims pursuant to Labor Code sections 200, 201, 202, 218.5,
226, 510, 558, 1174, 1194, 1197, 1198, and 1199; the Industrial Welfare Commission Wage Orders relating to
claims for unpaid reporting time pay premiums, unpaid hours worked, recordkeeping, and split shift pay; and
claims under Business and Professions Code sections 17200, et seq., claims for attorneys’ fees and costs,
conversion, fraud, common count, and unfair business practices (the “Released Class Claims”). Released Class
Claims include all claimed or unclaimed compensatory, consequential, incidental, liquidated, punitive and
exemplary damages, restitution, interest, costs and fees, injunctive or equitable relief, and any other remedies
available at law or equity allegedly owed or available to the Class arising or reasonably flowing from the
Complaint, First Amended Complaint, Second Amended Complaint, Third Amended Complaint, or Fourth
Amended Complaint against the Released Parties for the time period from the beginning of each claim’s
applicable statute of limitations, up to and including the date of final approval of the settlement. You will be
barred from prosecuting any of the Released Class Claims against the Released Parties.

Page 3 of 6

V.

WHAT ARE MY OPTIONS?

A.
You may accept your share of the $12,000,000.00 settlement and be bound by the release of all
claims described above. In order to receive your Settlement award, you do not need to do anything. Settlement
awards will be paid by check after the Settlement is given final approval by the Court. The checks will be mailed
to you by the claims administrator. Your check will remain valid and negotiable for one hundred eighty (180)
days from the date on which it is issued. After those one hundred eighty (180) days expire, the check will
become void and your Settlement share will be sent to the State of California Unclaimed Wages Fund in your
name; or
B.
You may opt out of the Settlement, and thus not participate in it, in which case you will not
receive your share of the Settlement and you will not be bound by the terms of the Settlement. In order to
express your intention to opt out, you must send a written request for exclusion, by mail, to the claims
administrator, CPT Group, Inc., located at 50 Corporate Park, Irvine, California, 92606, by no later than
October 18, 2017 (30 calendar days after mailing of this Notice). In order to be considered valid, your request
for exclusion must include your name, your address, state your intent to opt out of the Settlement, and affix your
signature to that statement.
C.
You may object to the settlement. The procedures for objecting to the settlement are described
below in Section VIII of this form.
VI.

WHAT ARE THE PROCEDURES FOR PAYMENT?

A.
The claims administrator will calculate your share of the Settlement based upon your “qualified
weeks” worked, and will issue and mail you a check.
B.
Thirty-three percent (33%) of your share of the Settlement award will be considered wages from
which ordinary W-2 tax withholdings will be deducted. No tax deductions shall be made from the remaining
sixty-seven percent (67%), which will be issued as 1099 “other income”. You will be given IRS tax forms for
each of these amounts, if applicable. You are responsible for paying the correct amount of taxes on each portion
of your share of the settlement.
C.
It is important for the Parties to the Lawsuit to have your current address in order to be able to
send you other mailings regarding the Lawsuit. You should contact the claims administrator to report any change
of your address after you receive this Notice. Failure to report a change of address may result in you not
receiving your share of the settlement money.
VII.

HEARING ON PROPOSED SETTLEMENT

A Final Fairness Hearing, at which the Court will decide whether or not the proposed settlement is fair,
reasonable, and adequate, will be held on November 20, 2017, at 8:30 a.m., in Courtroom 9D of the United States
District Court for the Central District of California, located at 350 West First Street, Los Angeles, CA 90012.
The Court may adjourn or continue the hearing without further notice to you.
You are not required to attend the hearing. Counsel for Plaintiffs and the Class will answer any questions the
Court may have. However, you are welcome to attend the hearing at your own expense.
///
///
Page 4 of 6

VIII. PROCEDURES FOR OBJECTING TO SETTLEMENT
A.
You may object to the proposed settlement as unfair, unreasonable, and/or inadequate. You will
not be heard or entitled to contest the approval of the terms and conditions of the proposed settlement, or, if
approved, the judgment to be entered approving the settlement, unless you formally object to the settlement on or
before October 18, 2017 (30 calendar days after mailing of this Notice).
B.
To object to the settlement, you must file a written objection, along with copies of any papers in
support of your position, with the Clerk of the United States District Court for the Central District of California,
located at 350 West First Street, Los Angeles, CA 90012. You also must serve your objection and supporting
papers on all counsel for the parties, as listed below. In your written objection, you must also verify that you are
a member of the Class. If you do not object in this manner as described, you will have given up your right to
object to the settlement. If you file an objection, you do not have to come to the Court to talk about it. As long
as you submit your written objection on time, the Court will consider it. You may also pay your own lawyer to
appear in Court on your behalf.
C.
If you do not make your objection in the manner provided for in this Notice, you will be deemed
to have waived such objection and shall forever be barred from making any objection to or appealing the fairness,
reasonableness, or adequacy of the settlement.
IX.

EXAMINATION OF COURT PAPERS AND QUESTIONS

This Notice summarizes the Settlement. For more detailed information, you may review the Joint Stipulation re:
Class Action Settlement, and all other settlement related documents and motions, which are posted for your
review at www.xxxx.com, which you can access using the following code: xxxx. Additionally, all papers filed in
the Lawsuit, including the Joint Stipulation re: Class Action Settlement and all settlement related documents and
motions are on file with the Clerk of the Court, case number 2:14-cv-06412 GW (VBKx), which is located in the
office of the Clerk of the Court for the United States District Court for the Central District of California at 350
West First Street, Los Angeles, CA 90012, and is available for viewing during regular office hours (Mon. – Fri.,
10:00 a.m. to 4:00 p.m.). Finally, the pleadings and all other records from this Lawsuit may also be examined by
accessing the Court docket in this case through the Court’s online Public Access to Court Electronic Records
(PACER) system, at https://ecf.cacd.uscourts.gov. There may be a fee required to review the materials via the
online PACER system.
If you have any questions, you can call the Claims Administrator at _____ or any of the attorneys
representing the Class (see below for Class Counsel’s phone number).

ATTORNEYS REPRESENTING THE CLASS
Marlin & Saltzman, LLP
Stanley D. Saltzman
Stephen P. O’Dell
29800 Agoura Road, Suite 210
Agoura Hills, California 91301
Tel: [phone]; Fax: [phone]
[e-mail]
[e-mail]

Page 5 of 6

ATTORNEYS REPRESENTING VICTORIA’S SECRET STORES, LLC
(Not to be Contacted by Class Members)
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Lori A. Bowman
Jennifer L. Katz
400 South Hope Street, Suite 1200
Los Angeles, California 90071

PLEASE DO NOT CALL OR OTHERWISE ATTEMPT TO CONTACT THE
COURT, VSS, VSS’ CORPORATE OFFICE AND/OR MANAGERS, OR THE
ATTORNEYS REPRESENTING VSS REGARDING THIS SETTLEMENT.

Page 6 of 6

EXHIBIT B
to Joint Stipulation Re Class Action Settlement

THIS EXHIBIT
INTENTIONALLY OMITTED

EXHIBIT B
to Joint Stipulation Re Class Action Settlement

EXHIBIT C
to Joint Stipulation Re Class Action Settlement

THIS EXHIBIT
INTENTIONALLY OMITTED

EXHIBIT C
to Joint Stipulation Re Class Action Settlement

EXHIBIT D
to Joint Stipulation Re Class Action Settlement

THIS EXHIBIT
INTENTIONALLY OMITTED

EXHIBIT D
to Joint Stipulation Re Class Action Settlement