Julie Peabody v. Orange County Transportation Authority et al

Filing 110

JUDGMENT by Judge Josephine L. Staton. (see document for details). (MD JS-6, Case Terminated). (dro)

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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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SOUTHERN DIVISION

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JULIE PEABODY, on behalf of herself and all
others similarly situated,

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Case No.: 8:13-cv-01226-JLS-ANx

Plaintiff,
JUDGMENT

v.
ORANGE COUNTY TRANSPORTATION
AUTHORITY; and DOES 1-20,
Defendants.

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On May 2, 2016, the Court granted Plaintiff’s unopposed Motion for

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Settlement Approval. (Settlement Approval Order, Doc. 100). Pursuant to that

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order, a revised version of the settlement notice was subsequently filed, which

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the Court approved. (Notice Approval Order, Doc. 107.)

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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

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Gross Settlement Fund has been distributed to the various recipients as described

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in the Settlement Agreement. (Notice, Doc. 109.) Pursuant to the above-

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referenced provision, the Court finds and orders as follows:

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1.

The above-entitled action is dismissed with prejudice, except that

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the Court shall maintain continuing jurisdiction for purposes of enforcing the

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Settlement Agreement, and except that the claims of any collective action

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members who fail to negotiate their settlement checks within the time allotted in

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the Settlement Agreement are dismissed without prejudice.

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2.

All claims under California Labor Code Section 2699, “Private

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Attorney General Act” claims, are dismissed with prejudice regardless of

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whether a collective action member negotiates his or her settlement check.

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3.

All other claims are released and dismissed as provided in the

Settlement Agreement.
IT IS SO ORDERED.
DATED:

February 22, 2017
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The Honorable Josephine L. Staton
United States District Judge

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