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)

Download PDF
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 2 JENNIFER L. KATZ, CA Bar No. 258917 3 Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 400 South Hope Street, Suite 1200 4 Los Angeles, CA 90071 Telephone: 213.239.9800 | Facsimile: 213.239.9045 1 5 Attorneys for Defendant 6 VICTORIA’S SECRET STORES, LLC 7 MARLIN & SALTZMAN, LLP Stanley D. Saltzman, Esq. [SBN 090058] 8 Stephen P. O’Dell, Esq. [SBN 132279] 9 29800 Agoura Road, Suite 210 10 Agoura Hills, California 91301 Phone: (818) 991-8080 | Fax: (818) 991-8081 11 Attorneys for Plaintiffs 12 MAYRA CASAS and JULIO FERNANDEZ 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 MAYRA CASAS, JULIO 16 FERNANDEZ, individuals, on behalf of themselves and all others similarly 17 situated, 18 19 Plaintiff, vs. Case No. 2:14-CV-06412 GW (VBKx) FIRST ADDENDUM TO JOINT STIPULATION RE: CLASS ACTION SETTLEMENT 20 Dist. Judge: Mag. Judge: 23 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, 24 25 26 Defendants. Hon. George H. Wu Hon. Victor B. Kenton July 9, 2014 September 5, 2014 December 29, 2014 27 28 1 Case No. 2:14-CV-06412 GW (VBKx) FIRST ADDENDUM TO JOINT STIPULATION RE: CLASS ACTION SETTLEMENT 1 2 TO THE COURT AND TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD: 3 This First Addendum to Joint Stipulation re: Class Action Settlement 4 (hereinafter, “Addendum”) is made and entered into by and between plaintiffs Mayra 5 Casas (“Casas”) and Julio Fernandez (“Fernandez”) (collectively, the “Plaintiffs”), 6 on behalf of themselves and on behalf of others similarly situated; and defendant 7 Victoria’s Secret Stores, LLC (“Defendant”), hereinafter collectively referred to as 8 the “Parties.” 9 Subject to the approval of the Court, the Action is being compromised and 10 settled pursuant to the terms and conditions set forth in the Joint Stipulation re: Class 11 Action Settlement (the “Settlement Agreement”) previously filed with this Court as 12 Exhibit A to the Saltzman Declaration filed in support of the Motion for Preliminary 13 Approval (Docket No. 80-1), and the terms of this Addendum thereto. 14 Settlement shall be binding on Plaintiffs and the class they purport to represent, 15 Defendant, and on their respective counsel, subject to the terms and conditions of the 16 Settlement Agreement, this Addendum thereto, and the approval of the Court. This 17 By way of this First Addendum to the Joint Stipulation re: Class Action 18 Settlement, THE PARTIES HEREBY FURTHER STIPULATE AND AGREE as 19 follows: 20 1. 21 follows: 22 23 24 25 26 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. 27 28 Additionally, a Subclass shall be formed to represent all members of the foregoing Class whose employment with Defendants terminated during 2 Case No. 2:14-CV-06412 GW (VBKx) FIRST ADDENDUM TO JOINT STIPULATION RE: CLASS ACTION SETTLEMENT 1 2 3 4 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. 5 6 2. Distribution Amendment: In recognition of the inclusion of the 7 “former employees” subclass set forth above in Paragraph 1, the Parties agree to 8 amend the distribution formula so as to afford compensation to the members of the 9 “former employees” subclass, to reflect their entitlement to a share of the 10 contemplated Labor Code Section 203 payment built into the Settlement. Given the 11 value attributed thereto, the Parties hereby agree to increase the proportionate share 12 payable to each of the members of the “former employees” subclass by increasing 13 the value of each such subclass member’s share by a factor of 1.05 percent, such that 14 a five percent (5%) increase in each such share will be allocated to said claim. The 15 Settlement Administrator will be responsible for performing the necessary 16 calculations to effectuate this increased proportional payment. 17 18 3. Financial Impact of Opt-Out Allocations: With regard to the impact 19 of any and all persons who elect to exercise their right to “opt out” of the Settlement, 20 pursuant to the terms of Paragraphs 11 and 19(d) of the Settlement Agreement, it is 21 hereby agreed that consistent with the intended “non-reversionary” terms of this 22 Settlement, that any and all funds previously designated towards payment to any and 23 all “opt-outs” shall become part of the Net Settlement Amount, and therefore 24 available for proportional distribution to the participating Class Members. 25 26 27 4. Injunction Term: The Parties hereby agree to delete, in its entirety, Paragraph 21(e) of the Settlement Agreement. 28 3 Case No. 2:14-CV-06412 GW (VBKx) FIRST ADDENDUM TO JOINT STIPULATION RE: CLASS ACTION SETTLEMENT

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?