Jorge Alvarez v. 9021Pho Fashion Square LLC et al

Filing 39

ORDER AND FINAL JUDGMENT GRANTING FINAL APPROVAL OF FLSA SETTLEMENT JUDGMENT by Judge S. James Otero. IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: The Court grants final approval of the Parties' Settlement Agreement because it me ets the criteria for settlement approval under the Fair Labor Standards Act ("FLSA"), pursuant to 29 U.S.C. § 216(b). The Settlement is a fair and reasonable resolution of a bona fide dispute over FLSA provisions. The Court finds that attorneys' fees in the amount of $38,500 and actual litigation costs of $5,884.07 are reasonable and justified by the evidence submitted, and orders that those amounts be paid to Plaintiffs' counsel in accordance with the terms of the Settlement Agreement. The Action is hereby dismissed on the merits and with prejudice. (See attached document for details.) (MD JS-6, Case Terminated). (lom)

JS-6

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March 16, 2016

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VC
P

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JORGE ALVAREZ, as an individual, and
on behalf of all others similarly situated,
Plaintiff,

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vs.
9021PHO FASHION SQUARE LLC, a
California Limited Liability Company;
9021PHO RESTAURANTS LLC, a
California Limited Liability Company;
9021PHO BEVERLY HILLS LLC a
California Limited Liability Company;
9021PHO GLENDALE GALLERIA LLC,
a California Limited Liability Company;
9021PHO KTOWN LLC, a California
Limited Liability Company; 9021PHO
SUNSET LLC, a California Limited
Liability Company; 9021PHO
THOUSAND OAKS LLC, a California
Limited Liability Company; 9021PHO
WESTWOOD LLC, a California Limited
Liability Company; and DOES 1 through
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CASE No. 2:15-cv-03657-SJOVBK
XXXXXXXXXXXX
[PROPOSED] ORDER AND
FINAL JUDGMENT GRANTING
FINAL APPROVAL OF FLSA
SETTLEMENT

Judge:
Date:
Time:
Dept.:

Hon. Judge S. James Otero
March 21, 2016
10:00 a.m.
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Defendants.

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xxxxxxxxxxxxxxxx
[PROPOSED]

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ORDER AND FINAL JUDGMENT GRANTING FINAL SETTLEMENT
APPROVAL

This matter came on for hearing on March 21, 2016, at 10:00 a.m., in

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Department 1 of the United States District Court for the Central District of

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California before the Honorable S. James Otero. Having considered all papers

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filed and proceedings held herein, having reviewed the proposed Settlement and

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the record in the above captioned matter, and good cause appearing thereto, IT IS

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HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1.

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The terms “Settlement” or “Settlement Agreement” shall refer to the

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revised Settlement Agreement filed by Plaintiffs Jorge Alvarez and Javier Clara on

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February 9, 2016, and all terms herein shall have the same meaning as the terms

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defined in the Settlement Agreement, unless specifically provided herein.

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2.

The Court grants final approval of the Parties’ Settlement Agreement

because it meets the criteria for settlement approval under the Fair Labor Standards
Act (“FLSA”), pursuant to 29 U.S.C. § 216(b). The Settlement is a fair and
reasonable resolution of a bona fide dispute over FLSA provisions.

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3.

The Court finds that the Settlement was achieved in an adversarial

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context, that Plaintiffs were represented by attorneys experienced in wage and hour
litigation and capable of protecting Plaintiffs’ rights, that the Settlement reflects a
reasonable compromise over issues actually in dispute, and that the terms of the
Settlement are fair and reasonable.
4.

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The Court finds that attorneys’ fees in the amount of $38,500 and

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actual litigation costs of $5,884.07 are reasonable and justified by the evidence

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submitted, and orders that those amounts be paid to Plaintiffs’ counsel in

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accordance with the terms of the Settlement Agreement.

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///

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///

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///

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[PROPOSED]
xxxxxxxxxxxxxxxx ORDER

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AND FINAL JUDGMENT GRANTING FINAL SETTLEMENT
APPROVAL

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5.

This document shall constitute a judgment for purposes of Rule 58 of

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the Federal Rules of Civil Procedure. The Action is hereby dismissed on the

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merits and with prejudice.

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IT IS SO ORDERED.

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March 16
Dated: ________________, 2016

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_____________________________
The Honorable S. James Otero
United States District Judge

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xxxxxxxxxxxxxxx
[PROPOSED]

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ORDER AND FINAL JUDGMENT GRANTING FINAL SETTLEMENT
APPROVAL