Arthur Williams et al v. Brinderson Constructors, Inc.

Filing 49

FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE by Judge Michael W. Fitzgerald. The Court approves the following payments, after which the remainingsettlement funds shall be distributed to the Participating Class Members pursuant to the terms of the Stipulation and Final Approval Order: California Labor and Workforce Development Agency: $10,000.00; Plaintiff ARTHUR WILLIAMS (as a Service Award): $5,000.00; Plaintiff CARL CURTIS (as a Service Award): $5,000.00; Class Counsel (as attorney's fees): $99,900.00; Class Counsel (as litigation costs and expenses): $8,288.09; and CPT Group, Inc. (for claims administration fees): $8,500.00. (MD JS-6, Case Terminated). (lom)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ARTHUR WILLIAMS, an individual;
CARL CURTIS, an individual,

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Plaintiffs,

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vs.

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BRINDERSON CONSTRUCTORS,
INC., a California corporation; and
DOES 1 through 100, inclusive,

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Defendants.

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Case No.: 2:15-cv-02474 MWF (AGRx)
Assigned to Hon. Michael W. Fitzgerald
FINAL JUDGMENT AND ORDER
OF DISMISSAL WITH PREJUDICE
HEARING:
Date:
February 6, 2017
Time:
10:00 a.m.
Place:
Courtroom 5A
350 W. 1st Street
Los Angeles, CA 90012

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On February 6, 2017, Plaintiff’s Motion for Final Approval of Class Action

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Settlement, Attorneys’ Fees and Service Award (the “Final Approval Motion”) came

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before the Court for hearing, on the application of Plaintiffs ARTHUR WILLIAMS and

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CARL CURTIS for approval of the comprehensive settlement terms set forth in the

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Joint Stipulation re: Class Action Settlement and Release (hereinafter the “Settlement”

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or the “Stipulation,” Docket No. 41-4 through 41-6).
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For the reasons stated in its Order dated February 6, 2017 this Court granted the
Final Approval Motion.
Pursuant to Federal Rule of Civil Procedure 58, the Court now HEREBY
ORDERS ENTRY OF JUDGMENT as follows:
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This Judgment incorporates by reference the definitions in the Stipulation,

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and all capitalized terms used, but not defined herein, shall have the same meanings as

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in the Stipulation.

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2.

This Court has jurisdiction over the subject matter of the Action and over

all parties to the Action, including all Class Members.
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All Parties are bound by this Final Judgment and Order of Dismissal with

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Prejudice and by the Stipulation. The parties shall comply with the terms and conditions

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of the Stipulation and of the Final Approval Order. Defendant BRINDERSON shall

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pay the settlement funds through the procedure described in the Stipulation.

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4.

The Court previously certified the Action as a class action under Federal

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Rule of Civil Procedure 23, for settlement purposes. The Class is defined as set forth in

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the Stipulation.

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5.

The Settlement as described in the Stipulation is fair, reasonable, and

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adequate to the Settlement Class when balanced against the probable outcome of

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extensive and costly litigation and it is in the best interest of the Class. Substantial

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investigation and research have been conducted such that the Plaintiffs’ and

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Defendant’s respective counsel have been reasonably able to evaluate their respective

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positions. The Stipulation was the result of non-collusive, arm’s length negotiations,

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including private mediation before an experienced wage-and-hour mediator; thorough

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factual and legal investigation; and the good-faith exchange of information and

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documents. The Court has considered the nature of Plaintiffs’ claims, the amounts and

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kinds of benefits to be paid under the Settlement Stipulation, the allocation of the

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settlement proceeds to the Settlement Class, and the fact that the Settlement Stipulation

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represents a compromise of the Plaintiffs’ and Defendant’s respective positions rather
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than the result of a finding of liability at trial
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The Court finds that the Parties and the Claims Administrator have fully

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complied with and implemented this Court’s instructions regarding class notice as set

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forth in its Order Granting Preliminary Approval entered on September 19, 2016.

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7.

The Court approves the following payments, after which the remaining

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settlement funds shall be distributed to the Participating Class Members pursuant to the

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terms of the Stipulation and Final Approval Order:

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- California Labor and Workforce Development Agency: $10,000.00;

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- Plaintiff ARTHUR WILLIAMS (as a Service Award): $5,000.00;

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- Plaintiff CARL CURTIS (as a Service Award): $5,000.00;

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- Class Counsel (as attorney’s fees): $99,900.00;

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- Class Counsel (as litigation costs and expenses): $8,288.09; and

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- CPT Group, Inc. (for claims administration fees): $8,500.00.

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8.

Except as to any individual claim of those persons who have validly and

timely requested exclusion from the Class, the Action is dismissed with prejudice.
9.

Upon the Effective Date (as defined in §1.14 of the Stipulation), all

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Released Claims of each and every member of the Class are and shall be deemed to be

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conclusively released as against Defendant. All persons and entities who are in the

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Class are hereby forever barred and enjoined from commencing, prosecuting or

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continuing, either directly or indirectly, against Defendant, in this or any other

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jurisdiction or forum, any and all Released Claims (as defined in the Stipulation of

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Settlement).

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10.

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Member.

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11.

This Judgment has the force and effect of res judicata as to each Class

The Court finds that in accordance with the requirements of the Class

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Action Fairness Act of 2005, 28 U.S.C. §1715, Defendant caused to be mailed notice of

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the Settlement via certified mail to the Attorney General of the United States of

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America and appropriate state official of each of the states where Class Members
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reside. No objections were filed by any state or federal official.
12.

The Court finds that during the course of the Action, the Settling Parties

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and their respective counsel at all times complied with the requirements of Federal Rule

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of Civil Procedure 11.

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13.

Within fifteen (15) calendar days of the entry of this order, Defendant shall

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cause to be transferred to the Claims Administrator the Gross Settlement Amount of

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$300,000.

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attorneys’ fees, or for any other charge, expense or liability, except as provided in the

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Settlement Stipulation.

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14.

Defendants will have no further lability for costs, expenses, interest,

Upon receipt of the Gross Settlement Amount from Defendants, the Court

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authorizes the Claims Administrator to issue settlement checks to Settlement Class

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Members who have submitted valid claim forms pursuant to the formula set forth in the

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Settlement Stipulation.

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distribute the aforementioned (1) attorney’s fees and costs to class counsel; (2)

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settlement administration fees and expenses to the Claims Administrator; (3) the service

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awards to Plaintiffs; and (4) the PAGA payment to the LWDA.

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15.

The Court also authorizes the Claims Administrator to

Without affecting the finality of this Final Judgment and Order of

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Dismissal with Prejudice in any way, this Court hereby retains continuing jurisdiction

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over: (a) implementation of the Settlement and any award or distribution of the

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Settlement Fund,; (b) disposition of the Settlement Fund; (c) hearing and determining

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applications for attorney fees and expenses in the Action; and (d) all parties hereto for

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the purpose of construing, enforcing, and administrating the Stipulation and the

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Settlement therein.

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IT IS SO ORDERED.

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DATED: February 6, 2017
Hon. Michael W. Fitzgerald
United States District Court Judge

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