Reynaldo Lopez et al v. Delta Air Lines, Inc et al

Filing 156

AMENDED FINAL ORDER AND JUDGMENT by Judge Stephen V. Wilson Related to: Stipulation for Order 154 . IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. For purposes of this Final Order and Judgment ("Judgment"), the Court adopts all defined terms as set forth in the Stipulation of Settlement ("Stipulation") filed in this Action. (See document for further details) (mrgo)

1
2
3
4
5
6
7
8
9

IN THE UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11
12
13
14
15
16
17
18

REYNALDO LOPEZ et al.
Plaintiffs,
v.
DELTA AIRLINES, INC. et al.
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

No. 2:15-cv-07302-SVW-SS
[Assigned to Hon. Stephen V. Wilson;
Magistrate Judge: Hon. Suzanne H. Segal]
AMENDED FINAL ORDER AND
JUDGMENT

19
20
21
22
23
24
25
26
27
28
Amended [Proposed] Final Order and Judgment
No. 2:15-cv-07302-SVW-SS

1

Having considered all papers filed in connection with the Final Approval

2 Hearing, including Plaintiffs’ Motion for Final Approval of Class Action Settlement and
3 Plaintiffs’ Motion for Attorneys’ Fees, Costs, and Class Representative Service
4 Payments (Dkt. 143) and any oral argument made at the Final Approval Hearing, and
5 good cause appearing therefore,
6

IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

7

1.

For purposes of this Final Order and Judgment (“Judgment”), the Court

8 adopts all defined terms as set forth in the Stipulation of Settlement (“Stipulation”) filed
9 in this Action.
10

2.

The Court has jurisdiction over all claims asserted in the Action, Plaintiffs,

11 the Class Members, and Defendant Delta Airlines, Inc. (“Delta”).
12

3.

The Court finds that the Settlement was made and entered into in good

13 faith and hereby approves the Settlement as fair, adequate and reasonable to all Class
14 Members. No objections were received. Any Class Members who have not timely and
15 validly requested exclusion from the Class are thus bound by this Judgment.
Class Certification

16
17

4.

The Court previously certified the Class for the regular rate overtime claim

18 only. (Dkt. 118, p. 10) The Court finds, for purposes of settlement only, that the Class
19 meets the requirements for certification on all other theories under Federal Rules of
20 Civil Procedure, Rule 23, in that: (1) the Class is so numerous that joinder of all
21 members is impractical; (2) there are questions of law and fact that are common to the
22 Class which predominate over individual issues; (3) Plaintiff’s claims are typical of the
23 claims of the Class; (4) Plaintiffs and their counsel will fairly and adequately protect the
24 interests of the Class; and (5) a class action is superior to other available methods for the
25 fair and efficient adjudication of the controversy. For purposes of effectuating the
26 Settlement, the Court finally certifies the following Class:
27 ///
28 ///
Amended [Proposed] Final Order and Judgment
No. 2:15-cv-07302-SVW-SS
1

All current and former non-exempt employees
of Delta Air Lines, Inc., excluding flight attendants
and pilots, who worked at any time in California
from July 1, 2011 through June 30, 2017, excluding
persons who were members of the settlement class in
Andrew Bell v. Delta Air Lines, Inc., Case No. 4:13cv-01199-YGR, USDC, Northern District of California,
and who worked no shifts for Defendant after November
20, 2014, the effective release date of claims for the Bell
settlement class.

1
2
3
4
5
6
7
5.

8
9
10

rights under the Stipulation if the Stipulation and this Judgment do not become
effective, as provided in the Stipulation.
6.

11
12
13

16

7.

21
22
23
24
25

confirms their appointment for purposes of this settlement.
Class Notice
8.

Notice to Class Members, as set forth in the Stipulation, has been

completed in conformity with the terms of the Stipulation and Preliminary Approval
Order as to all Class Members who could be identified through reasonable effort. The
Court finds that said notice was the best notice practicable under the circumstances. The
Notice Packets provided due and adequate notice to Class Members of the proceedings
and of the matters set forth therein, including the Settlement, and the manner by which
objections to the Settlement could be made and Class Members could opt out of the
Settlement. The Notice Packets fully satisfied the requirements of due process.
Objections and Requests for Exclusion

26
9.

27
28

In the Court’s December 16, 2017 Order, Matern Law Group, PC and

Altshuler Berzon LLP were appointed as Class Counsel. (Dkt 118, p. 10.) The Court

18

20

(Dkt 118, p. 10.) The Court

confirms their appointment for purposes of this settlement.

17

19

In the Court’s December 16, 2017 Order, Plaintiffs LaDona Narr and Karl

Armstrong were appointed as class representatives.

14
15

The certification of the Class is without prejudice to Plaintiffs’ and Delta’s

Zero (0) objections to the Settlement were submitted by any Class Members.

///
Amended [Proposed] Final Order and Judgment
No. 2:15-cv-07302-SVW-SS
2

1

10.

Requests for Exclusion were submitted by twelve (12) Class Members.

2 The Court finds that the following Class Members submitted a valid and timely Request
3 for Exclusion and therefore shall not be bound by the terms of the Stipulation:
4

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

Release of Claims and Injunction
11.

25
26

Plaintiffs and all other Class Members, except the Class Member(s)

identified in Paragraph 10 above, shall have, by operation of this Judgment, fully,
finally, and forever released, relinquished, and discharged the Released Parties from all
Released Claims as defined by the Stipulation.
12.

Plaintiffs and all other Class Members, except the Class Member(s)

identified in paragraph 10 above, are hereby enjoined from filing or prosecuting any
other cases, claims, suits or administrative proceedings involving Released Claims.
13.

This Settlement does not release Plaintiffs Delgadillo, Lopez, Mendoza,

and Tautolo’s claims in the separate action entitled Reynaldo Lopez, et al., v. Delta
Airlines, Inc., C.D. Cal. Case No. 2:16-CV-4497-DSF-AJW.

23
24

RAYMOND ANTHONY SULLIVAN
JOHN PATRICK DESSERT
JOHNNY PETER BANUELOS
EVELYN DANIELLE PHIEFER
RAFAEL RIOS SANCHEZ
JOHN GILBERT MURPHREE
DAVID J. ARDINGER
JUDY ELLAN MCLACHLAN
PATRICIA ANN BANUELOS
DAVID G. WAGGONER
RICHARD L. KEATING
KIMBERLY DEMPSEY

Payments Pursuant to the Stipulation
14.

The Court finds that the Gross Settlement Amount, the Net Settlement

Amount for each Class Member, and the methodology used to calculate and pay each
Class Member’s Net Settlement Amount are fair and reasonable, and authorizes the

27
28
Amended [Proposed] Final Order and Judgment
No. 2:15-cv-07302-SVW-SS
3

1 Settlement Administrator to pay the Net Settlement Amounts to the Class Members in
2 accordance with the terms of the Stipulation.
3

15.

The funds for any check that remains uncashed after one hundred eighty

4 (180) days from the date of issuance will go into a pool of funds to be divided pro rata
5 among all Class Members who previously cashed their payment (unless the Parties
6 agree that the amount is less than $35,000.00, in which case it shall be paid as a cy pres
7 award to the Los Angeles Center for Law and Justice. In such event, the Class Members
8 whose checks remain uncashed after one hundred eighty (180) days, shall nevertheless
9 remain subject to the terms of the Judgment.
10

16.

Class Counsel shall be paid $1,416,667.00 as their attorneys’ fees and

11 $171, 942.48 for reimbursement of costs and expenses from the Gross Settlement
12 Amount in accordance with the terms of the Stipulation. The Court finds these amounts
13 to be fair and reasonable and sufficiently supported.
14

17.

Plaintiffs LaDona Narr and Karl Armstrong shall each be paid a Class

15 Representative Service Award in the amount of $10,000.00 from the Gross Settlement
16 Amount in accordance with the terms of the Stipulation. The Court finds this amount to
17 be fair and reasonable and sufficiently supported.
18

18.

The Settlement Administrator shall be paid $45,000.00 from the Gross

19 Settlement Amount for the costs and expenses of administering the Settlement.
20

19.

A payment in the amount of One Hundred Thousand Dollars ($100,000.00)

21 from the Gross Settlement Amount shall be allocated to penalties under The Labor Code
22 Private Attorneys General Act of 2004, California Labor Code sections 2698, et seq.,
23 and paid by the Settlement Administrator directly to the California Labor and
24 Workforce Development Agency.
Other Provisions

25
26

20.

The Parties shall implement the Settlement according to its terms.

27 ///
28 ///
Amended [Proposed] Final Order and Judgment
No. 2:15-cv-07302-SVW-SS
4