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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1 JS-6 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 SOUTHERN DIVISION 10 11 JULIE PEABODY, on behalf of herself and all others similarly situated, 12 13 14 15 16 Case No.: 8:13-cv-01226-JLS-ANx Plaintiff, JUDGMENT v. ORANGE COUNTY TRANSPORTATION AUTHORITY; and DOES 1-20, Defendants. 17 18 19 20 21 22 23 24 On May 2, 2016, the Court granted Plaintiff’s unopposed Motion for 25 Settlement Approval. (Settlement Approval Order, Doc. 100). Pursuant to that 26 order, a revised version of the settlement notice was subsequently filed, which 27 the Court approved. (Notice Approval Order, Doc. 107.) 28 1 1 2 3 4 5 6 7 8 9 10 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 11 Gross Settlement Fund has been distributed to the various recipients as described 12 in the Settlement Agreement. (Notice, Doc. 109.) Pursuant to the above- 13 referenced provision, the Court finds and orders as follows: 14 1. The above-entitled action is dismissed with prejudice, except that 15 the Court shall maintain continuing jurisdiction for purposes of enforcing the 16 Settlement Agreement, and except that the claims of any collective action 17 members who fail to negotiate their settlement checks within the time allotted in 18 the Settlement Agreement are dismissed without prejudice. 19 2. All claims under California Labor Code Section 2699, “Private 20 Attorney General Act” claims, are dismissed with prejudice regardless of 21 whether a collective action member negotiates his or her settlement check. 22 23 24 25 26 27 3. All other claims are released and dismissed as provided in the Settlement Agreement. IT IS SO ORDERED. DATED: February 22, 2017 _________________________________ The Honorable Josephine L. Staton United States District Judge 28 2

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