Curtis Patton v. Dollar Tree Stores, Inc. et al

Filing 232

JUDGMENT AFTER TRIAL by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that final judgment in this action (SEE ATTACHMENT OF THIS JUDGMENT FOR FURTHER DETAILS). As the prevailing party, Defendant Dollar Tree Stores, Inc. is t o recover from Plaintiff Francisca Guillen its costs of suit as provided by law. Now that the matter has been tried to conclusion, the website established to provide notice (www.DTclassaction.com) should be removed from the Internet within 7 days. (MD JS-6, Case Terminated). (jp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FRANCISCA GUILLEN, an
individual, on behalf of herself and all
others similarly situated,

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Plaintiffs,

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vs.

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DOLLAR TREE STORES, INC., a
Virginia Corporation

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Defendant.

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CASE NO.: CV 15-3813-MWF(PJWx)
The Honorable Michael W. Fitzgerald,
United States District Judge
JUDGMENT AFTER TRIAL

This action came on regularly for jury trial between November 2, 2017, and

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November 7, 2017, in Courtroom 5A of this United States District Court.

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Plaintiffs were Francisca Guillen, on behalf of herself and a certified Class of all

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others similarly situated. Plaintiffs were represented by Matthew J. Matern, Esq.,

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Mikael H. Stahle, Esq., and Joshua D. Boxer, Esq., of Matern Law Group, PC.

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Defendant Dollar Tree Stores, Inc. was represented by Lindbergh Porter, Esq., of

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Littler Mendelson, P.C., and Elena R. Baca, Esq., and Ryan D. Derry, Esq., of Paul

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Hastings LLP.

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JUDGMENT AFTER TRIAL

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A jury of eight persons was regularly empaneled and sworn. One juror was

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excused with the consent of the parties. Witnesses were sworn and testified and

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exhibits were admitted into evidence. After hearing the evidence and arguments of

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counsel, seven members of the jury were duly instructed by the Court and the

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cause was submitted to the jury. The jury deliberated and thereafter returned a

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special verdict as follows:

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Question 1

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Did Francisca Guillen and the Class not retain easy access to their electronic

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wage statements?

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________ YES

X
________ NO

If you answered “YES” to Question 1, please proceed to Question 2. If you

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answered “NO” to Question 1, please [have your foreperson sign and return the

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verdict form].

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Now, therefore, pursuant to Rules 54 and 58 of the Federal Rules of Civil

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Procedure, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that

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final judgment in this action be entered as follows:

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1.

As to the Claim for Relief for violation of California Labor Code

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section 226, judgment is entered in favor of Defendant Dollar Tree

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Stores, Inc., and against Plaintiff Francisca Guillen and each member of

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the Class.

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2.

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Plaintiff Francisca Guillen and the Class shall take nothing on their
claim by their Complaint.

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Pursuant to Federal Rule of Civil Procedure 23(c)(3)(B), the Court

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hereby describes the members of the Class to whom the Federal Rule of

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Civil Procedure 23(c)(2) notice was directed and who did not request

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exclusion. The Class as certified is defined as:

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JUDGMENT AFTER TRIAL

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“All persons employed in one or more of Dollar Tree’s retail

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stores in California at any time on or after April 2, 2014, who

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received their wages via direct deposit or Pay Card and who have

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not entered into an arbitration agreement with Dollar Tree.”

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Excluded from this definition are all Class Members who requested

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exclusion and the portions of certain Class Members’ claims that were

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released by the settlement in Stafford v. Dollar Tree Stores, Solano

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County Superior Court Case No. FCS043461.

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4.

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As the prevailing party, Defendant Dollar Tree Stores, Inc. is to recover
from Plaintiff Francisca Guillen its costs of suit as provided by law.

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Now that the matter has been tried to conclusion, the website

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established to provide notice (www.DTclassaction.com) should be

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removed from the Internet within 7 days.

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Dated: November 15, 2017.
_______________________________
MICHAEL W. FITZGERALD
United States District Judge

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JUDGMENT AFTER TRIAL