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 2
to [Proposed] Order Finally Approving Class
Action Settlement and Entering Judgment

EXHIBIT 2
to [Proposed] Order Finally Approving Class
Action Settlement and Entering Judgment

LORI A. BOWMAN, CA Bar No. 114664
[e-mail]
2 JENNIFER L. KATZ, CA Bar No. 258917
[e-mail]
3 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
400 South Hope Street, Suite 1200
4 Los Angeles, CA 90071
Telephone: [phone] | Facsimile: 213.239.9045
1

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Attorneys for Defendant

6 VICTORIA’S SECRET STORES, LLC
7 MARLIN & SALTZMAN, LLP

Stanley D. Saltzman, Esq. [SBN 090058]

8 [e-mail]

Stephen P. O’Dell, Esq. [SBN 132279]

9 [e-mail]

29800 Agoura Road, Suite 210

10 Agoura Hills, California 91301

Phone: [phone] | Fax: [phone]

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Attorneys for Plaintiffs

12 MAYRA CASAS and JULIO FERNANDEZ
13

UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MAYRA CASAS, JULIO

16 FERNANDEZ, individuals, on behalf

of themselves and all others similarly

17 situated,
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19

Plaintiff,
vs.

Case No. 2:14-CV-06412 GW (VBKx)
FIRST ADDENDUM TO JOINT
STIPULATION RE: CLASS ACTION
SETTLEMENT

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Dist. Judge:
Mag. Judge:

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

February 13, 2015

Trial Date:

None Set

VICTORIA’S SECRET STORES,
21 LLC, a business entity of unknown
form, LIMITED BRANDS, a business
22 entity of unknown form, and DOES 1
through 100, inclusive,
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Defendants.

Hon. George H. Wu
Hon. Victor B. Kenton
July 9, 2014
September 5, 2014
December 29, 2014

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Case No. 2:14-CV-06412 GW (VBKx)
FIRST ADDENDUM TO JOINT STIPULATION RE: CLASS ACTION SETTLEMENT

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TO THE COURT AND TO ALL PARTIES AND THEIR RESPECTIVE
COUNSEL OF RECORD:

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This First Addendum to Joint Stipulation re: Class Action Settlement

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(hereinafter, “Addendum”) is made and entered into by and between plaintiffs Mayra

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Casas (“Casas”) and Julio Fernandez (“Fernandez”) (collectively, the “Plaintiffs”),

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on behalf of themselves and on behalf of others similarly situated; and defendant

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Victoria’s Secret Stores, LLC (“Defendant”), hereinafter collectively referred to as

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the “Parties.”

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Subject to the approval of the Court, the Action is being compromised and

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settled pursuant to the terms and conditions set forth in the Joint Stipulation re: Class

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Action Settlement (the “Settlement Agreement”) previously filed with this Court as

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Exhibit A to the Saltzman Declaration filed in support of the Motion for Preliminary

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Approval (Docket No. 80-1), and the terms of this Addendum thereto.

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Settlement shall be binding on Plaintiffs and the class they purport to represent,

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Defendant, and on their respective counsel, subject to the terms and conditions of the

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Settlement Agreement, this Addendum thereto, and the approval of the Court.

This

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By way of this First Addendum to the Joint Stipulation re: Class Action

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Settlement, THE PARTIES HEREBY FURTHER STIPULATE AND AGREE as

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follows:

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1.

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follows:

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Class Definition: The Class Definition shall be amended to read as

“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.

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Additionally, a Subclass shall be formed to represent all members of the
foregoing Class whose employment with Defendants terminated during
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Case No. 2:14-CV-06412 GW (VBKx)
FIRST ADDENDUM TO JOINT STIPULATION RE: CLASS ACTION SETTLEMENT

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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 the date of
preliminary approval.

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2.

Distribution Amendment: In recognition of the inclusion of the

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“former employees” subclass set forth above in Paragraph 1, the Parties agree to

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amend the distribution formula so as to afford compensation to the members of the

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“former employees” subclass, to reflect their entitlement to a share of the

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contemplated Labor Code Section 203 payment built into the Settlement. Given the

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value attributed thereto, the Parties hereby agree to increase the proportionate share

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payable to each of the members of the “former employees” subclass by increasing

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the value of each such subclass member’s share by a factor of 1.05 percent, such that

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a five percent (5%) increase in each such share will be allocated to said claim. The

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Settlement Administrator will be responsible for performing the necessary

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calculations to effectuate this increased proportional payment.

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3.

Financial Impact of Opt-Out Allocations: With regard to the impact

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of any and all persons who elect to exercise their right to “opt out” of the Settlement,

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pursuant to the terms of Paragraphs 11 and 19(d) of the Settlement Agreement, it is

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hereby agreed that consistent with the intended “non-reversionary” terms of this

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Settlement, that any and all funds previously designated towards payment to any and

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all “opt-outs” shall become part of the Net Settlement Amount, and therefore

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available for proportional distribution to the participating Class Members.

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4.

Injunction Term: The Parties hereby agree to delete, in its entirety,

Paragraph 21(e) of the Settlement Agreement.

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Case No. 2:14-CV-06412 GW (VBKx)
FIRST ADDENDUM TO JOINT STIPULATION RE: CLASS ACTION SETTLEMENT