Sevag Chalian v. CVS Pharmacy, Inc et al
Filing
241
ORDER AND JUDGMENT GRANTING (1) MOTION FOR ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND (2) MOTION FOR AWARD OF ATTORNEYS' FEES, COSTS, AND CLASS REPRESENTATIVE INCENTIVE/SERVICE AWARDS by Judge Andre Birotte Jr.: For the reasons explained at length in the Court's concurrently-issued ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL APPROVAL AND FOR AN AWARD OF ATTORNEYS' FEES, AND OVERRULING OBJECTIONS, the Court GRANTS final approval of the Settlement #240 , and HEREBY ORDERS and MAKES DETERMINATIONS as follows: The Motion for Order Granting Final Approval of Class Action Settlement and Motion for Award of Attorneys' Fees, Costs, and Class Representative Incentive/Service Awards #180 are hereby granted in their entirety. For administering the settlement, Settlement Administrator, Simpluris, Inc., shall be paid $98,750.00 out of the Gross Settlement Amount. The Court hereby confirms the appointment of Michael S. Morrison of Alexander Morrison and Fehr LLP, Michael H. Boyamian and Armand R. Kizirian of Boyamian Law, Inc., Thomas W. Falvey of the Law Offices of Thomas W. Falvey, R. Craig Clark and Alicja A. Urtnowski of Clark Law Group, and Walter Haines of United Employees Law Group as Class Counsel. The Court hereby awards Class Counsel a reasonable attorneys' fee in the amount of $2,592,836.65 (of the $10,371,346.60 common fund), and their litigation costs in the amount of $32,385.77. The Court further approves the Class Representative Incentive/Service awards for the Class Representatives as follows: $10,000.00 U.S.D., each, to Sevag Chalian, Sigfredo Cabrera, Enko Telahun, and Christine McNeely; and $3,000.00 to Patrick Brennan, each ($43,000 in total). The California Labor and Workforce Development Agency ("LWDA") shall be paid $56,250, which is its 75% share of the PAGA penalty. Each party is to bear their own costs, except as expressly provided in this Order and Judgment. See document for further details. (MD JS-6, Case Terminated). (gk)
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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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SEVAG CHALIAN, et al.,
Plaintiffs,
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v.
CVS PHARMACY, INC., a Rhode
Island corporation; CVS RX
SERVICES, INC., a New York
corporation; GARFIELD BEACH
CVS, LLC, a California limited
liability company; and DOES 1 thru
100, inclusive,
Defendants.
CASE NO.: 2:16-cv-08979-AB-AGR
Related Case No.: 2:20-cv-02401-ABAGR
Assigned to Hon. André Birotte Jr.
[PROPOSED] ORDER AND
JUDGMENT GRANTING (1)
MOTION FOR ORDER
GRANTING FINAL APPROVAL
OF CLASS ACTION
SETTLEMENT AND (2) MOTION
FOR AWARD OF ATTORNEYS’
FEES, COSTS, AND CLASS
REPRESENTATIVE
INCENTIVE/SERVICE AWARDS
DATE:
TIME:
PLACE:
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December 4, 2020
10:00 am
Crtm. 7B, 350 West First
St., Los Angeles, CA
Complaint Filed: July 20, 2016
Action Removed: December 5, 2016
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This matter came before the Court for hearing on December 4, 2020 for final
2 approval of the Settlement. The parties have submitted their Global Settlement
3 Agreement (“Settlement Agreement”) evidencing their proposed settlement (the
4 “Settlement”), which this Court preliminarily approved in its August 5, 2020 Order.
5 In accordance with the preliminary approval order, Settlement Class Members have
6 been given notice of the terms of the Settlement and the opportunity to object to it.
7 In addition, pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715
8 (“CAFA”), the Attorney Generals of each state where Settlement Class members
9 resided at the time notice was issued have been given notice of the Settlement.
10 Notice of this Settlement was also provided to the Labor and Workforce
11 Development Agency.
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The Court has received and considered the Global Settlement Agreement dated
13 March 2, 2020, as amended by the First Amendment to Global Settlement
14 Agreement dated November 6, 2020 and the Second Amendment to Global
15 Settlement Agreement dated March 19, 2021 which the Court hereby approves (all
16 attached hereto as Exhibit A), the supporting papers filed by the parties, and the
17 evidence and argument received by the Court at the final approval hearing on
18 December 4, 2020. For the reasons explained at length in the Court’s concurrently19 issued ORDER GRANTING PLAINTIFFS’ MOTION FOR FINAL APPROVAL
20 AND FOR AN AWARD OF ATTORNEYS’ FEES, AND OVERRULING
21 OBJECTIONS, the Court GRANTS final approval of the Settlement, and HEREBY
22 ORDERS and MAKES DETERMINATIONS as follows:
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1.
The Motion for Order Granting Final Approval of Class Action
25 Settlement and Motion for Award of Attorneys’ Fees, Costs, and Class
26 Representative Incentive/Service Awards are hereby granted in their entirety.
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2.
All terms used herein shall have the same meaning as defined in the
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1 Settlement Agreement, attached as Exhibit A.
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3.
This Court has jurisdiction over the subject matter of this litigation and
4 over all Parties to this litigation pursuant to the CAFA, including all Settlement Class
5 Members.
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4.
Pursuant to Federal Rules of Civil Procedure and due process, the Court
8 hereby finally approves the Settlement set forth in the Settlement Agreement, as
9 amended, and finds that such Settlement is, in all respects, fair, reasonable and
10 adequate to the Settlement Class and to each Settlement Class Member, that the
11 Settlement is ordered finally approved, and that all terms and provisions of the
12 Settlement should be and hereby are ordered to be consummated. The Court further
13 finds that the Settlement Agreement, as amended, and the Settlement set forth therein
14 were entered into in good faith following arms-length negotiations and is non15 collusive, and that the Settlement Classes as defined in the Settlement Agreement be
16 certified for settlement purposes only pursuant to Fed. R. Civ. P. 23(b)(3).
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5.
The Court further finds that the Parties have conducted extensive and
19 costly investigation and research and counsel for the Parties are able to reasonably
20 evaluate their respective positions. The Court also finds that settlement at this time
21 will avoid additional substantial costs, as well as avoid the delay and risks that would
22 be presented by the further prosecution of this case. The Court has noted the
23 significant benefits to the Settlement Class Members under the Settlement. The
24 Court also finds that the Settlement Classes (defined in the Settlement Agreement
25 and below) are properly certified for settlement purposes only under Fed. R. Civ. P.
26 23(b)(3) and are therefore finally certified for settlement purposes only.
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6.
The Settlement Agreement, as amended, attached as Exhibit A, shall be
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1 enforced according to its terms.
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7.
For purposes of this Judgment, the following Settlement Classes will be
4 certified (collectively referred to as the “Settlement Class”):
a.
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Pharmacist Settlement Class: All hourly, non-exempt retail
6 pharmacists who worked in Regions 65 or 72 in California between July 20, 2012 and
7 the date of the Preliminary Approval Order, whose claims are not subject to arbitration
8 and who have not previously released and/or adjudicated the Released Claims, and
9 whose LEARNet and/or Site Minder data indicates activity when time punch records do
10 not show he or she was clocked-in; and
b.
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Retail Pharmacy Settlement Class: Any person who is not a member
12 of the Pharmacist Settlement Class who held an hourly, non-exempt position in a CVS
13 retail pharmacy in the State of California between August 3, 2014 and the date of the
14 Preliminary Approval Order who has not previously released and/or adjudicated the
15 Released Claims.
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8.
The following Settlement Class Members have validly opted-out of this
18 action and are thus not bound by the Rule 23 settlement:
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SIMID
5748
6269
6315
13684
14595
19651
12570
19341
8294
4173
6538
15149
20088
FirstName
Neil
Felicia
Daisy
Kazim
Yousef
Pauline
Marlcos
Mehrnaz
Isabel
Behnam
Samantha
Jaweed
Marisol
LastName
Patel
Ivy
Tavares
Cevik
Trabouly
Mikhail
Abayhon
Akhavan
Alexander
Amir-Behboudi
Andrews
Assar
Baez
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17671
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11486
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16870
7181
2340
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2352
828
5157
9424
2267
16088
9972
17656
19069
10940
18907
2871
2026
16671
17291
17259
10054
7533
13048
12988
2794
13626
153
8421
1447
3166
4997
18078
17146
3253
10376
17789
Kristina
Johni
Brianna
Carmen
Dayna
Anne
Abel
Deisy
Heather
Celia
Steven
Maisha
Robyn
Margee Mae
Jose
Hardeep
Michelle
Meredieth
Regine Angela
Lamise
Masoumeh
Consuelo
Mary
Brittany
Diane
Candice
Elizabeth
Beshoy
Randall
Devonna
Rachel
Roxanna
Mehrnaz
Stephanie
Tatiana
Jasmine
Deborah
Lisa
Joanna
Maribel
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Bailey
Ballout
Bertrand
Blanco
Bowles
Cabrera
Cachola
Campbell
Cano
Carlton
Chalker
Cherry
Corry
Dela Cruz
Delgado
Dhillon
Dias
Dorado
Duhon
Elsayed
Esfandiari
Estrada- Rodriguez
Fatouh Albana
Francisco
Gailey
Gamez
Gardner
Gerges
Gibbs
Gilmore
Goff
Gonzalez
Hakimi
Han
Hartz
Hashemieh-Estes
Haycox
Helgerson
Hernandez
Hernandez
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16630
5596
22165
2439
23025
23411
16937
8450
9308
23150
20697
8620
4404
19661
18278
13859
2924
13251
8236
18263
19186
5123
18384
22403
12127
1718
19930
13117
23700
3275
23101
19579
24118
23179
23811
15683
15855
4561
1178
18681
Kaitlyn
Heng
Ryan
Mahran
Nikkolae
Melanie
Jeanny
Harleen
Myoungja
Diane
Tiffany
Philip
Amaris
Shaina
Lyna
Michelle
Kelly
Nora
Kyrollos
Shirin
Patricia
Betty
Maikel
Trent
Nikkie
Marlon
Shivjot
Elisha
Silva
Lieu
Sarah
Steve
Aryan
Randall
Mariam
Tiffany
Michael
Debbie
Daniel
Pontea
Holdren
Hsu
Hyams
Izoli
Jacinto
Jipp
Keota
Khaira
Kim
Kim
King
Kitchen
Lane
Larmore
Le
Masshar
Matsuura
Meincke
Mekail
Moghtanei
Moore
Nabizadeh
Nagib
Nelson
Nguyen
Ordenana
Pabla
Pennington
Petrosyan
Pham
Pollard
Quan
Rabbani
Radtke
Rafiqi
Samouha
Schmidt
Schultz
Setiawan
Shabkhiz
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16850
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17989
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Azaria
David
Jay
Amaar
Alani
Robert
Mitchell
Jessica
Amir
Shahbazian
Stillman
Surati
Taha
Tong
Wilson
Woothen
Xe
Zand
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Three (3) Settlement Class Members validly objected to the Settlement:
1. Tina Lee
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2. Parvin Ghassemian
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3. Trent Andrews
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After thorough review and careful consideration, the Court overrules all
13 objections made to the Settlement. The “proper standard for approval of the proposed
14 [class action] settlement is whether it is fair, reasonable, adequate, and free from
15 collusion—not whether the class members could have received a better deal in
16 exchange for the release of their claims.” In re Linkedin User Privacy Litig., 309
17 F.R.D. 573, 583 (N.D. Cal. 2015). “In reviewing the proposed settlement, a court
18 need not address whether the settlement is ideal or the best outcome, but only
19 whether the settlement is fair, free of collusion, and consistent with plaintiff’s
20 fiduciary obligations to the class.” In re Regulus Therapeutics Inc. Sec. Litig., No.
21 3:17-CV-182-BTM-RBB, 2020 WL 6381898, at *2 (S.D. Cal. Oct. 30, 2020);
22 Wilson v. TE Connectivity Networks, Inc., No. 14-CV-04872-EDL, 2019 WL
23 4242939, at *5 (N.D. Cal. Sept. 6, 2019) (same); see Hanlon v. Chrysler Corp., 150
24 F.3d 1011, 1027 (9th Cir. 1998). For the reasons explained in the concurrently-issued
25 Order, the Court finds the proposed Settlement is fair, reasonable, adequate, and free
26 from collusion. The Court further finds Plaintiffs and their counsel have met their
27 fiduciary obligations to the class.
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As of the Settlement Effective Date, each and every Released Claim as
3 set forth in the Settlement Agreement, as amended, of each and every Settlement
4 Class Member is and shall be deemed to be conclusively released as against the
5 Released Parties. All Settlement Class Members as of the Effective Date are hereby
6 forever barred and enjoined from prosecuting the Released Claims against the
7 Released Parties.
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The Settlement Administrator, Simpluris, Inc., shall establish a
10 settlement fund to be funded by Defendants in accordance with the provisions of the
11 Parties’ Settlement Agreement. The Settlement Administrator shall distribute: (1)
12 checks representing the individual settlement amounts made payable to the
13 Settlement Class Members; (2) Class Counsel’s reasonable attorneys’ fees and costs;
14 (3) the Class Representatives Incentive/Service Awards; (4) payment to the LWDA;
15 and (5) employee and employer payroll taxes. The manner and timing of said
16 payments shall be in accordance with the Settlement Agreement attached hereto as
17 Exhibit A. The Court finds the manner and timing of payment is fair and reasonable.
18 Any residual settlement funds remaining as a result of settlement checks that remain
19 uncashed for the period set forth in the Settlement Agreement shall be paid to the
20 unclaimed wages fund of the State of California. For administering the settlement,
21 Simpluris shall be paid $98,750.00 out of the Gross Settlement Amount.
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Pursuant to Rule 23(g) of the Federal Rules of Civil Procedures, the
24 Court hereby confirms the appointment of Michael S. Morrison of Alexander
25 Morrison and Fehr LLP, Michael H. Boyamian and Armand R. Kizirian of Boyamian
26 Law, Inc., Thomas W. Falvey of the Law Offices of Thomas W. Falvey, R. Craig
27 Clark and Alicja A. Urtnowski of Clark Law Group, and Walter Haines of United
28 Employees Law Group as Class Counsel.
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The Court hereby awards Class Counsel a reasonable attorneys’ fee in
3 the amount of $2,592,836.65, and their litigation costs in the amount of $32,385.77.
4 As explained in the concurrently-issued Order, these amounts are fair and reasonable
5 in light of Class Counsel’s experience, the degree of success and the benefits being
6 conferred on the Class, the work performed on the case, and the litigation costs
7 incurred, among other factors. The Court further finds that Class Counsel has
8 adequately represented the interests of the Settlement Class and do not have any
9 conflicts of interests with respect to their representation of the Settlement Class. The
10 Court further finds that the $2,592,836.65 of the $10,371,346.60 common fund
11 requested by Class Counsel for attorneys’ fees is also reasonable under the lodestar
12 cross-check. In re Bluetooth Headset Prod. Liab. Litig., 654 F.3d 935, 941 (9th Cir.
13 2011). This amount represents a 1.34 multiplier of the lodestar, which the Court finds
14 reasonable.
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13.
The Court further approves the Class Representative Incentive/Service
17 awards for the Class Representatives as follows: Ten Thousand U.S. Dollars and
18 Zero Cents ($10,000.00 U.S.D.), each, to Sevag Chalian, Sigfredo Cabrera, Enko
19 Telahun, and Christine McNeely; and Three Thousand U.S Dollars and Zero Cents
20 ($3,000.00) to Patrick Brennan, each ($43,000 in total). The Court finds that the
21 Class Representatives have adequately represented the Settlement Class and do not
22 have any conflicts of interest affecting their status as Class Representatives for the
23 Settlement Class.
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14.
The California Labor and Workforce Development Agency (“LWDA”
26 shall be paid $56,250, which is its 75% share of the PAGA penalty.
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15.
The Court finds that the Settlement treats Class Members equitably
2 relative to each other and that the distribution formula for the Settlement is fair,
3 reasonable, and equitable.
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The Court finds that the Notice provided to the Settlement Class
6 complied with the Requirements of Fed. R. Civ. Proc. R. 23. Specifically, the Notice
7 to the Settlement Class Members was the best notice that was practicable under the
8 circumstances, and provided individual notice to all Settlement Class Members who
9 could be identified through reasonable effort. The Notice also clearly and concisely
10 states in plain, easily understood language: (i) the nature of the action; (ii) the
11 definition of the class certified; (iii) the class claims, issues, or defenses; (iv) that a
12 class member may enter an appearance through an attorney if the member so desires;
13 (v) that the court will exclude from the class any member who requests exclusion;
14 (vi) the time and manner for requesting exclusion; and (vii) the binding effect of a
15 class judgment on members under Rule 23(c)(3).
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The term “Final Effective Date” as used herein refers to the date the
18 settlement becomes final as stated in the Settlement Agreement attached herewith.
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The Court shall maintain jurisdiction of this matter pursuant to enforce
21 the terms of the Settlement Agreement.
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Each party is to bear their own costs, except as expressly provided in
2 this Order and Judgment.
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4 ENTERED:
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DATED: July 16, 2021
_______________________________
____________________________________
The Honorable André Birotte Jr.
Judge of the United States District Court for
the Central District of California
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SECOND AMENDMENT TO
GLOBAL SETTLEMENT AGREEMENT
IN WITNESS WHEREOF, the Parties, Class Counsel and CVS’s counsel each
voluntarily and without coercion cause this Agreement to be signed and entered as of the respective
dates written below.
CLASS COUNSEL:
CVS PHARMACY, INC.; CVS RX
SERVICES, INC., AND GARFIELD
BEACH CVS, LLC:
Alexander Morrison + Fehr LLP
Title: SVP, Corporate Secretary and Assistant
General Counsel
CLASS COUNSEL:
DEFENDANT
COUNSEL FOR DEFENDANTS:
Clark Law Group
__________________________
_____________________________________
Greenberg Traurig, LLP
CLASS COUNSEL:
The Law Office of Thomas W. Falvey
CLASS COUNSEL:
Boyamian Law, Inc.
CLASS COUNSEL:
United Employees Law Group
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IN WITNESS WHEREOF, the Parties, Class Counsel and CVS’s counsel each
voluntarily and without coercion cause this Agreement to be signed and entered.
CLASS COUNSEL:
CVS PHARMACY, INC.; CVS RX
SERVICES, INC., AND GARFIELD
BEACH CVS, LLC:
Alexander Morrison + Fehr LLP
Title: ______________________
CLASS COUNSEL:
Clark Law Group
COUNSEL FOR DEFENDANTS:
_____________________________________
Greenberg Traurig, LLP
CLASS COUNSEL:
The Law Office of Thomas W. Falvey
CLASS COUNSEL:
Boyamian Law, Inc.
CLASS COUNSEL:
United Employees Law Group
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IN WITNESS WHEREOF, the Parties, Class Counsel and CVS’s counsel each
voluntarily and without coercion cause this Agreement to be signed and entered.
CLASS COUNSEL:
CVS PHARMACY, INC.; CVS RX
SERVICES, INC., AND GARFIELD
BEACH CVS, LLC:
Alexander Morrison + Fehr LLP
Title: ______________________
CLASS COUNSEL:
COUNSEL FOR DEFENDANTS:
Clark Law Group
_____________________________________
Greenberg Traurig, LLP
CLASS COUNSEL:
The Law Office of Thomas W. Falvey
CLASS COUNSEL:
Boyamian Law, Inc.
CLASS COUNSEL:
United Employees Law Group
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