Elijah Myers et al v. Uline Inc. et al
Filing
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ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT by Judge Dale S. Fischer (MD JS-6, Case Terminated). (SEE JUDGMENT FOR SPECIFICS) (bp)
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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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JUAN MONCADA, individually, and
on behalf of other members of the
general public similarly situated, etc.,
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Plaintiffs,
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vs.
ULINE, INC., an unknown business
entity; and DOES 1 through 100,
inclusive,
Defendants.
Case No. CV 16-664 DSF (KKx)
ORDER GRANTING FINAL
APPROVAL OF CLASS ACTION
SETTLEMENT AND JUDGMENT
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On July 13, 2017, the Court entered an order granting Plaintiffs’ Motion for
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Preliminary Approval of Class Action Settlement, preliminarily approving the
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settlement of this action in accordance with the First Amended Joint Stipulation of
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Class Action and PAGA Settlement and Release (Settlement, Agreement, or
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Settlement Agreement), which, together with the attached exhibits, set forth the
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terms and conditions for settlement. The Court also approved the allocation toward
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penalties under the California Private Attorneys General Act of 2004, California
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Labor Code section 2698, et seq. (PAGA Settlement Amount) and the separate
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payment toward PAGA penalties (Separate PAGA Amount) for Putative Class
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Members who submitted timely and valid Requests for Exclusion from the
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Settlement (Excluded Individuals).
On December 11, 2017, Plaintiffs’ Motion for Final Approval of Class
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Action Settlement came on for hearing. Having duly considered the parties’ papers
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and oral argument, and good cause appearing,
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THE COURT ORDERS, ADJUDGES, AND DECREES:
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1.
All terms used in this Order Granting Final Approval of Class Action
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Settlement and Judgment (Order) shall have the same meaning as defined in the
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Settlement Agreement.
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2.
This Court has jurisdiction over the claims of the Putative Class
Members asserted in this proceeding and over all parties to this action.
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With respect to the Settlement Class and for purposes of approving
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this Settlement only, this Court finds that: (a) the members of the Settlement Class
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are ascertainable and so numerous that joinder of all members is impracticable; (b)
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there are questions of law or fact common to the Settlement Class, and there is a
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well-defined community of interest among members of the Settlement Class with
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respect to the subject matter of this action; (c) the claims of Plaintiffs Juan
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Moncada and Yaima Montes de Oca are typical of the claims of the members of
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the Settlement Class; (d) a class action is superior to other available methods for
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an efficient adjudication of this controversy; and (e) counsel of record for
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Plaintiffs, Lawyers for Justice, PC and Girardi & Keese, are qualified to serve as
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counsel for the Settlement Class. The Settlement Class, with respect to the
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Released Claims that do not arise under the Private Attorneys General Act
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(PAGA) only, is defined as:
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All individuals who have been employed by Defendant in the State
of California as non-exempt employees at any time during the
period from March 3, 2012 to January 3, 2017.
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The Notice of Proposed Class Action Settlement provided to the
Putative Class Members fully and accurately informed the Putative Class
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Members of all material elements of the Settlement and of their opportunity to
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object, dispute, or seek exclusion from the Settlement; was the best notice
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practicable under the circumstances; was valid, due, and sufficient notice to all
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Putative Class Members; and complied fully with applicable law. The Notice
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fairly and adequately described the Settlement and provided Putative Class
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Members adequate instructions and a variety of means to obtain additional
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information.
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5.
The Court confirms Lawyers for Justice, PC and Girardi & Keese as
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counsel for the Class, and Plaintiffs Juan Moncada and Yaima Montes de Oca as
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representatives of the Class.
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6.
The Court grants final approval to the Settlement and finds it fair,
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reasonable, and adequate, and in the best interest of the Settlement Class as a
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whole. More specifically, the Court finds that the Settlement was reached
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following meaningful discovery and investigation conducted by Class Counsel
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and that the Settlement is the result of serious, informed, adversarial, and arms-
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length negotiations between the parties. In so finding, the Court has considered
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all of the evidence presented, including evidence regarding the strength of the
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Plaintiffs’ case; the risk, expense, and complexity of the claims presented; the
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likely duration of further litigation; the amount offered in the Settlement; the
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extent of investigation and discovery completed; and the experience and views of
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Class Counsel. Further, the Court has considered the absence of any objections to
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the Settlement by Putative Class Members, as well as the small number of
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Putative Class Members who opted out from the Settlement. Accordingly, the
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Court directs that the Settlement be effected in accordance with the Settlement
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Agreement and the terms and conditions set forth in this Order, subject to its
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concurrently filed Order on Motion for Final Approval of Attorneys’ Fees, Costs,
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and Class Representative Enhancement Payments (Fees Order).
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7.
A full opportunity has been afforded to the Putative Class Members
to participate in this hearing. Putative Class Members also have had a full and fair
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opportunity to exclude themselves from the Settlement and Settlement Class.
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Accordingly, the Court determines that all Putative Class Members who did not
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timely and properly submit a Request for Exclusion are bound by this Order.
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8.
The Court determines that the four Putative Class Members,
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Kristopher Ordonez, Anaid Calixto, Amanda Reynosa, and Stuart Holmes, having
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timely submitted valid Requests for Exclusion to the Settlement Administrator,
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are Excluded Individuals and shall not be bound by the Order and the release of
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Released Claims, except with respect to the release of Released Claims arising
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under PAGA.
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9.
It is ordered that Defendant shall pay the Separate PAGA Amount of
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$382.59, and shall distribute the Separate PAGA Payment as follows: the amount
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of $286.94 to the California Labor and Workforce Development Agency
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(LWDA), and the amount of $95.65 to the Excluded Individuals on a pro rata
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basis according the terms of the Settlement Agreement.
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10.
It is ordered that the Settlement Administrator, CPT Group, Inc.,
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issue payment to itself in the amount of $18,000 for the Settlement Administration
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Costs, in accordance with the Settlement Agreement.
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11.
It is ordered that CPT issue the Settlement Payment Checks to Class
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Members according to the methodology and terms set forth in the Settlement
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Agreement.
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Settlement Payment Checks and checks issued to Excluded
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Individuals for the pro rata share of Excluded Individuals’ PAGA Portion will be
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negotiable for 120 calendar days after issuance. After the expiration of the 120-
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day period, the funds associated with any such checks that are returned as
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undeliverable or that remain uncashed shall be forwarded to the State of
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California’s Unclaimed Property Division.
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The Settlement Administrator shall distribute the PAGA Settlement
Amount as follows: the amount of $75,000 shall be distributed to the LWDA, and
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the amount of $25,000 shall remain in the Net Settlement Amount, to be paid to
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the Class Members on a pro rata basis, according to the terms of the Settlement
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Agreement.
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The Gross Settlement Amount shall be disbursed in accordance with
the terms of the Settlement Agreement and this Court’s Orders.
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With this final approval of the Settlement, the Court enters judgment
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by which Class Members shall conclusively be deemed to have given a release,
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and shall be permanently enjoined and forever barred from asserting any Released
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Claims against the Released Parties as set forth in the Settlement Agreement and in
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the Notice.
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16.
The Court shall retain jurisdiction to construe, interpret, implement,
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and enforce the Settlement Agreement, to hear and resolve any contested challenge
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to a claim for settlement benefits, and to supervise and adjudicate any dispute
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arising from or in connection with the distribution of settlement benefits.
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Notice of entry of this Order will be given to Putative Class Members
by posting a copy of the Order on CPT’s website for a period of at least 60
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calendar days after the date of entry of this Order. The time for appeal will run
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from the Court’s entry of this Order.
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IT IS SO ORDERED.
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DATED: January 10, 2018
Dale S. Fischer
United States District Judge
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