Emmy Song v. THC - Orange County, Inc. et al

Filing 65

MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE RE: NOTICE TO GOVERNMENT AGENCIES by Judge Josephine L. Staton: Plaintiffs are hereby ORDERED to show cause, in writing, no later than five (5) days from the date of this Order, why the hearing on the Motion for Final Approval should not be continued pending a showing of appropriate notice to the government agencies discussed herein. (jp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.: 8:17-cv-00965-JLS-DFM
Title: Emmy Song v. THC – Orange County, Inc. et al

Date: June 06, 2019

Present: Honorable JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE

Terry Guerrero
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:
Not Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:
Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: NOTICE
TO GOVERNMENT AGENCIES

On February 28, 2019, the Court granted preliminary approval of the parties’ class
action settlement. (Prelim. Appr. Order, Doc. 59.) At that time, the Court noted that its
jurisdiction over this matter arises in part from the Class Action Fairness Act (“CAFA”).
(Id. at 15.) Accordingly, the Court ordered the parties to include in their papers for final
approval a declaration reflecting that they provided appropriate notice of the proposed
settlement to relevant state and federal authorities pursuant to 28 U.S.C. §1715(b) at least
ninety (90) days prior to the date of the Final Fairness Hearing, scheduled for June 21,
2019. (Id.) On May 17, 2019, Plaintiffs filed their Motion for Final Approval. (Fin.
Appr. Mot., Doc. 64.) Nothing in the Motion or supporting documents, however,
evidences compliance with 28 U.S.C. §1715(b) and the Court’s Order.
Furthermore, the parties seek settlement of claims brought under California’s
Private Attorneys General Act (“PAGA”), Cal. Lab. Code § 2699 et seq. A proposed
settlement of a civil action filed pursuant to PAGA must be submitted to the California
Labor and Workforce Development Agency at the same time it is submitted to the court.
Cal. Lab. Code § 2699(l)(2). Nothing in the record evidences compliance with this
requirement.
Accordingly, Plaintiffs are hereby ORDERED to show cause, in writing, no later
than five (5) days from the date of this Order, why the hearing on the Motion for Final
Approval should not be continued pending a showing of appropriate notice to the
government agencies discussed herein.
Initials of preparer: tg