Julie Peabody v. Orange County Transportation Authority et al
JUDGMENT by Judge Josephine L. Staton. (see document for details). (MD JS-6, Case Terminated). (dro)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
JULIE PEABODY, on behalf of herself and all
others similarly situated,
Case No.: 8:13-cv-01226-JLS-ANx
ORANGE COUNTY TRANSPORTATION
AUTHORITY; and DOES 1-20,
On May 2, 2016, the Court granted Plaintiff’s unopposed Motion for
Settlement Approval. (Settlement Approval Order, Doc. 100). Pursuant to that
order, a revised version of the settlement notice was subsequently filed, which
the Court approved. (Notice Approval Order, Doc. 107.)
The settlement agreement (which was filed as Exhibit 1 to Docket No.
100-1) (“Settlement Agreement”) states, in relevant part:
Dismissal of Action. The Parties hereby stipulate and jointly request
the Court to dismiss with prejudice the Action upon notice from the
Parties that the Gross Settlement Fund has been distributed to the
various recipients as described herein, except that the Parties request
that the Court maintain continuing jurisdiction for purposes of
enforcing this Agreement, and except that the claims of any Class
Members who fail to negotiate their Settlement Checks within the
time allotted herein are deemed to be dismissed without prejudice.
(See Settlement Agreement at 11, Doc. 100-1.)
On February 13, 2017, the Court received notice from the Parties that the
Gross Settlement Fund has been distributed to the various recipients as described
in the Settlement Agreement. (Notice, Doc. 109.) Pursuant to the above-
referenced provision, the Court finds and orders as follows:
The above-entitled action is dismissed with prejudice, except that
the Court shall maintain continuing jurisdiction for purposes of enforcing the
Settlement Agreement, and except that the claims of any collective action
members who fail to negotiate their settlement checks within the time allotted in
the Settlement Agreement are dismissed without prejudice.
All claims under California Labor Code Section 2699, “Private
Attorney General Act” claims, are dismissed with prejudice regardless of
whether a collective action member negotiates his or her settlement check.
All other claims are released and dismissed as provided in the
IT IS SO ORDERED.
February 22, 2017
The Honorable Josephine L. Staton
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?