Garmaliel Aguirre et al v. Genesis Logistics et al

Filing 335

ORDER AND JUDGMENT OF DISMISSAL by Judge James V. Selna. The Court APPROVES Class Counsels requests for $2,333,333 in attorneys fees and $61,635.94 in costs to be paid from the Gross Settlement Fund provided for in the Settlement Agreemen t. The Court APPROVES the enhancement payment of $5,000 - $15,000 each to the Class Representatives (for a total of $190,000) from the Gross Settlement Fund. The Court APPROVES the following tiered enhancement awards: See Order for mo re information. The Court APPROVES the payment of $1,000,000.00 of the GrossSettlement Amount as PAGA penalties from the Gross Settlement Fund. This $1,000,000 will be distributed with 75% ($750,000) going to the California Labor and Workforce Development Agency, and the remaining 25% ($250,000) being divided equally among the Settlement Class Members and included in their Settlement Awards. The Court APPROVES the payment of $12,250 to the Claims Administration from the Gross Settlement Fund. Related to: NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement 330 . (MD JS-6, Case Terminated). (twdb)

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JS-6

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
)
)
GARMALIEL AGUIRRE, LUIS
)
BERNAL, KAREEM CRAIG, GREG
GUERRERO, MARTHA HILDEBRAND, )
)
BRET LAMBOURNE, MATTHEW
)
LAMBOURNE, DAN LE BOEUF,
CARLOS MARTINEZ, BRIAN MATA, )
JOHN M. ORTEGA, ANTHONY ORTIZ, )
HENRY RENDON, KENNY SWAILS, )
)
and all other “aggrieved” employees,
)
)
Plaintiffs,
)
)
vs.
)
)
GENESIS LOGISTICS INC., an Ohio
corporation, and DOES 1-100, inclusive, )
)
)
Defendants
)
)
)
)

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CASE NO.:SACV12-00687 JVS
(KESx)
Judge: James V. Selna

ORDER AND JUDGMENT OF
DISMISSAL

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Having previously granted preliminary approval (Dkt. #324) of the parties’
Class Action Settlement and Stipulation Agreement (the “Settlement Agreement”),
this matter now comes before the Court for final approval of the proposed
settlement set forth in the Settlement Agreement. For purposes of this Order, all
terms used herein shall have the same meaning as defined in the Settlement
Agreement. Having reviewed and considered the papers, evidence and arguments
in support of and in opposition thereto, the Court HEREBY FINDS AND ORDERS
AS FOLLOWS:
1.

This Court has jurisdiction over the subject matter of this litigation and

over all Parties to this litigation, including the Plaintiffs and Class Members.
2.

Distribution of the Notice of Proposed Settlement and Fairness

Hearing as set forth in the Settlement Agreement and the other matters set forth
therein have been completed in conformity with the Court’s Order granting
preliminary approval of the proposed settlement, including individual notice to all
Class Members who could be identified through reasonable effort, and was the best
notice practicable under the circumstances. This provided due and adequate notice
of the proceedings and of the matters set forth therein, including the proposed
settlement set forth in the Settlement Agreement, to all persons entitled to such
notice, and the notice fully satisfied the requirements of due process. Zero (0) Class
Members objected to the proposed settlement and only 2 Class Member opted-out
of the proposed settlement.
3.

Final approval of the proposed settlement set forth in the Settlement

Agreement shall be and hereby is GRANTED. The Court finds that the proposed
settlement is, in all respects, fair, adequate and reasonable and directs the Parties to
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effectuate the Settlement Agreement according to its terms. The Court further finds
that the proposed settlement has been reached as a result of intensive, serious and
non-collusive, arms-length negotiations. The Court also finds that the Parties have
conducted extensive investigation and research and counsel for the Parties are able
to reasonably evaluate their respective positions. The Court further finds that
settlement at this time will avoid additional substantial costs, as well as avoid the
delay and risks that would be presented by the further prosecution of this action.
The Court has reviewed the monetary recovery that is being granted pursuant to the
Settlement Agreement and recognizes the value to the members of the Settlement
Class of the monetary recovery.
4.

As of the Date of Final Approval, all of the released claims of all Class

Members who have not properly elected to exclude themselves from the terms of
the Settlement Agreement are and shall be deemed to be conclusively released as
against the Released Parties, and all such Class Members shall be and hereby are
permanently enjoined from pursuing, or seeking to reopen, any Released Claims
against any Released Parties.
5.

The Settlement Agreement therein approved by this Order is not an

admission by Defendant or any of the other Released Parties, nor is this Order a
finding of the validity of any claims asserted in this action or of any wrongdoing by
Defendant. Neither this Order, the Settlement Agreement, nor any document
referred to herein, nor any action taken to carry out the Settlement Agreement is,
may be construed as, or may be used as an admission by or against Defendant or
any of the other Released Parties of any fault, wrongdoing or liability whatsoever.
The entering into or carrying out of the Settlement Agreement therein approved by
this Order, and any negotiations or proceedings related thereto, shall not in any
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event be construed as, or deemed to be evidence of, an admission or concession
with regard to the denials or defenses by Defendant or any of the other Released
Parties and shall not be offered in evidence in any action or proceeding against
Defendant or any of the Released Parties in any court, administrative agency, or
other tribunal for any purpose whatsoever other than to enforce the provisions of
this Order, the Settlement Agreement as approved in this Order, or any related
agreement or release. Notwithstanding these restrictions, any of the Released
Parties may file in this action or in any other proceeding this Order, the Settlement
Agreement, or any other papers and records on file in this action as evidence of the
settlement approved by this Order to support a defense of res judicata, collateral
estoppel, release, or other theory of claim or issue preclusion or similar defense as
to the Released Claims.

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6.

Settlement Fund as set forth in the Settlement Agreement.

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7.

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The Court APPROVES Class Counsel’s requests for $2,333,333 in

attorneys’ fees and $61,635.94 in costs to be paid from the Gross Settlement Fund
provided for in the Settlement Agreement.

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The Court APPROVES the proposed allocation of the Gross

8.

Class Counsel shall not be entitled to any other award of attorneys’

fees or costs in any way connected with this action. Any separate appeal from this
Order as to the Class Counsel Attorneys’ Fees and Costs and/or the Class
Representative Enhancement shall not operate to terminate or cancel the Settlement
Agreement or otherwise affect the finality of this Order.
///
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9.

The Court APPROVES the enhancement payment of $5,000 - $15,000

each to the Class Representatives (for a total of $190,000) from the Gross
Settlement Fund.

The Court APPROVES the following tiered enhancement

awards:
Tier One: $15,000

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Garmaliel Aguirre

Brian Mata

Monica Torres

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Martha Hildebrand

Henry Rendon

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Bret Lambourne

Kenny Swails

Luis Bernal

Tier Two: $10,000

Quincy Jefferson

John M. Ortega

Greg Guerrero

Dan Le Boeuf

Anthony Ortiz

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



Tier Three: $5,000

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Kareem Craig

Matthew Lambourne

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Juan Gonzalez

Carlos Martinez

Nicho David Vera


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10.

The Court APPROVES the payment of $1,000,000.00 of the Gross

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Settlement Amount as PAGA penalties from the Gross Settlement Fund. This

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$1,000,000 will be distributed with 75% ($750,000) going to the California Labor

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and Workforce Development Agency, and the remaining 25% ($250,000) being

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divided equally among the Settlement Class Members and included in their

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Settlement Awards.

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11.

The Court APPROVES the payment of $12,250 to the Claims

Administration from the Gross Settlement Fund.
12.

Without affecting the finality of this Order in any way, this Court

hereby retains jurisdiction over the interpretation, implementation and enforcement
of the Settlement Agreement and all orders and judgments entered in connection
therewith. For all other purposes, judgment is entered under the terms of this Order,
and this case is dismissed with prejudice.
IT IS SO ORDERED, ADJUDGED AND DECREED.

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DATED: November 29, 2017

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Honorable James V. Selna

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United States District Court Judge

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