Lorena Alvarez v. Amerisourcebergen Drug Corporation et al

Filing 39

ORDER GRANTING PLAINTIFF'S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 32 AND MOTION FOR APPROVAL OF ATTORNEYS' FEES, COSTS, AND CLASS REPRESENTATIVE PAYMENT 33 ; FINAL JUDGMENT THEREON by Judge Mark C. Scarsi: The Court certif ies the Class during the Settlement Class Period of November 19, 2018 to February 20, 2020. The Court confirms as Class Counsel, Larry W. Lee of Diversity Law Group, P.C., Edward W. Choi of Law Office of Choi & Associates, Dennis S. Hyun of Hyun Leg al, APC and William L. Marder of Polaris Law Group. The Court finds the monetary settlement of $500,000.00, provided for in the Settlement Agreement to be fair, reasonable, and adequate. The Court orders ILYM Group to distribute the Gross Settl ement Amount including Settlement Payments to the Settlement Class in accordance with the terms of settlement. The Court approves the payment of $10,000.00 to ILYM Group for settlement administration costs. The Court further approves the paymen t of $10,000.00 to Plaintiff LorenaAlvarez for her Class Representative Service Payment. The Court further approves the PAGA Payment which shall constitute $37,500.00. Under the terms of the Settlement, an award of attorneys fees in the amo unt of $166,666.67 (equal to 33 1/3% of the Gross Settlement Amount), and for costs and expenses in the amount of $7,761.73, as final payment for and complete satisfaction of any and all attorneys fees and costs incurred by and/or owed to Class Counsel is GRANTED. This Action is DISMISSED with prejudice. (MD JS-6, Case Terminated). (lc)

JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Case No.: 8:19-CV-02253-MCS-KES

LORENA ALVAREZ, individually and on
behalf of all others similarly situated,

ORDER GRANTING PLAINTIFF’S
MOTION FOR FINAL APPROVAL
vs.
OF CLASS ACTION SETTLEMENT
[32] AND MOTION FOR APPROVAL
AMERISOURCEBERGEN DRUG
CORPORATION, a Corporation; and DOES OF ATTORNEYS’ FEES, COSTS,
1 through 50, inclusive,
AND CLASS REPRESENTATIVE
PAYMENT [33]; FINAL JUDGMENT
Defendants.
THEREON
Plaintiff,

On June 7, 2021, a hearing was held on the motion of Plaintiff Lorena Alvarez, on
behalf of herself and Class Members, for final approval of the Class Action Settlement
Agreement and Release (“Settlement Agreement”) entered into between Plaintiff and
Defendant AmerisourceBergen Drug Corporation (“Defendant”) (Defendant and Plaintiff
are collectively referred to as the “Parties”). Due and adequate notice has been given to
the Class Members as required by this Court’s Order Granting Motion for Preliminary
Approval of Class Action Settlement. See Preliminary Approval Order, ECF No. 30.
Having considered the papers on Plaintiff’s Motion for Final Approval of Class Action
Settlement (“Motion for Final Approval of Settlement”) and Plaintiff’s Motion for
Approval of Attorneys’ Fees, Costs, and Class Representative Service Payment (“Motion
1

for Attorneys’ Fees and Costs”), the Settlement Agreement, and the record and
proceedings herein, and having determined that the Settlement is fair, adequate, and
reasonable, and otherwise being fully informed, the Court orders as follows:
1.

Plaintiff’s Motion for Final Approval of Settlement, and Plaintiff’s Motion

for Attorneys’ Fees and Costs is GRANTED.
2.

All terms used herein shall have the same meaning as given them in the

Settlement Agreement.
3.

The Court has jurisdiction over the subject matter of this proceeding and

over all Parties to this proceeding, including all members of the Settlement Class.
4.

The Court certifies the Class during the Settlement Class Period of

November 19, 2018 to February 20, 2020, as set forth in the Settlement Agreement, for
purposes of this Settlement only.
5.

Distribution of the Class Settlement Notice directed to the Class Members as

set forth in the Settlement Agreement has been completed in conformity with the
Preliminary Approval Order, including individual notice to all Class Members who could
be identified through reasonable effort, and the best notice practicable under the
circumstances. The Class Settlement Notice provided due and adequate notice of the
proceedings and of the matters set forth in the Preliminary Approval Order, including the
proposed Settlement. The Class Settlement Notice provided adequate and appropriate
notice to all persons entitled to such Class Settlement Notice and therefore fully satisfied
due process requirements. All but three members of the Class are covered by and
included within the Settlement and within this Final Approval Order and Final Judgment.
Only three class members have opted-out within the opt-out deadline of April 26, 2021.
6.

The Court finds that the Settlement was entered into in good faith and has

been reached as a result of intensive, serious, and non-collusive arm’s-length
negotiations. The Court further finds that Plaintiff has satisfied the standards and
applicable requirements for final approval of the Settlement under Rule 23 of the Federal
Rules of Civil Procedure and California law.
7.

The Court approves the Settlement and finds that the Settlement is, in all

respects, fair, adequate, and reasonable, and directs the Parties to effectuate the

Settlement according to its terms and provisions, and in compliance with this Final
Approval Order and Final Judgment.
8.

Upon entry of this Final Approval Order and Final Judgment, Plaintiff and

each member of the Settlement Class shall be deemed to have released the Releasees
from all Released Claims during the Class Period. “Settlement Class” shall mean all
Class Members who did not timely submit a signed valid Opt-Out Request that is
received by the Settlement Administrator. “Releasees” shall mean Defendant and its
parents, subsidiaries, affiliates, owners, predecessors, successors, and associated
organizations, past and present, and each of their respective trustees, directors, officers,
agents, joint employers, attorneys, managing agents, employees, contractors, insurers,
representatives, assigns, all persons acting by, through, under, or in concert with any of
them, and/or all persons acting on behalf of them. “Released Claims,” as to each member
of the Settlement Class, shall mean any and all claims against Releasees that were or
could have been pled based on the facts alleged in the First Amended Complaint,
including, but not limited to, claims based on pay stubs / wage statements and claims for
statutory and civil penalties based thereon, that accrued from November 19, 2018,
through February 20, 2020, whether based on California’s Wage Orders, the California
Labor Code, including, but not limited to, Sections 226, 226.3, and 2698 through 2699.5
(PAGA), or any other provision of law.
9.

Plaintiff and all Settlement Class Members are prohibited from asserting a

claim released under the Settlement Agreement, and from commencing, or joining in a
lawsuit or adversary proceeding against Releasees for the Released Claims on their own
behalf or as putative representatives of others.
10.

The Court confirms as Class Counsel, Larry W. Lee of Diversity Law

Group, P.C., Edward W. Choi of Law Office of Choi & Associates, Dennis S. Hyun of
Hyun Legal, APC and William L. Marder of Polaris Law Group.
11.

The Court finds the monetary settlement of $500,000.00, provided for in the

Settlement Agreement to be fair, reasonable, and adequate.
12.

The Court orders ILYM Group to distribute the Gross Settlement Amount

including Settlement Payments to the Settlement Class in accordance with the terms of

the Settlement Agreement.
13.

The Court approves the payment of $10,000.00 to ILYM Group for

settlement administration costs. The payment authorized by this paragraph shall be made
in accordance with the terms of the Settlement Agreement.
14.

The Court further approves the payment of $10,000.00 to Plaintiff Lorena

Alvarez for her Class Representative Service Payment. The payment authorized by this
paragraph shall be made in accordance with the terms of the Settlement Agreement.
15.

The Court further approves the PAGA Payment which shall constitute

Thirty-Seven Thousand Five Hundred Dollars ($37,500.00).
16.

Under the terms of the Settlement, an award of attorneys’ fees in the amount

of $166,666.67 (equal to 33 1/3% of the Gross Settlement Amount), and for costs and
expenses in the amount of $7,761.73, as final payment for and complete satisfaction of
any and all attorneys’ fees and costs incurred by and/or owed to Class Counsel is
GRANTED. The Court finds that Class Counsel’s request is fair and reasonable, and that
the results achieved justify the award. The payment of fees and costs to Class Counsel
shall be made in accordance with the terms of the Settlement.
17.

This Action is DISMISSED with prejudice. This Order shall constitute

notice of entry of judgment pursuant to Federal Rule of Civil Procedure 58.
IT IS SO ORDERED AND ADJUDGED.

Dated: June 7, 2021

HON. MARK C. SCARSI
U.S. DISTRICT COURT JUDGE