Sandra Garybo et al v. Leonardo Bros et al

Filing 92

ORDER Granting Plaintiff's 83 91 Motion for Default Judgment signed by District Judge Dale A. Drozd on 10/15/2021. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SANDRA GARYBO, et al.,

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Plaintiffs,

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No. 1:15-cv-01487-DAD-JLT

ORDER GRANTING PLAINTIFF’S MOTION
FOR DEFAULT JUDGMENT

v.
LEONARDO BROS., et al.,

(Doc. Nos. 83, 91)

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Defendants.

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On October 1, 2021, having read and considered plaintiffs’ motion for default judgment

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against defendant Leonardo Bros. (Doc. No. 83) and all briefing and argument submitted in

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connection therewith, the court granted in part plaintiffs’ motion for default judgment in this

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action. (Doc. No. 89.) Pursuant to this court’s order (id. at 11), plaintiffs filed a proposed order

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containing only the court approved terms of the default judgment. (Doc. No. 91.)

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Accordingly,

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1.

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Plaintiffs’ motion for default judgment (Doc. No. 53) is granted in part as follows:
a)

Plaintiffs and the class are awarded the total amount of $234,659.43, which

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represents the following sums:

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i)

Damages in the amount of $6,764.47 for failure to pay rest break

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premiums as required under California Labor Code § 226.7(c) and

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for applied interest pursuant to California Labor Code § 218.6;
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ii)

$125,095.97 for “waiting time penalties” (the failure to pay all

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wages owed timely after separation from employment) brought

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pursuant to California Labor Code § 203;

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iii)

$23,150.00 for their claims based on defendant’s failure to provide

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accurate wage statements brought pursuant to California Labor

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Code § 226; and

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iv)

Civil penalties pursuant to PAGA in the total amount of

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$318,595.97, of which 25%, or $79,648.99 will be allocated to the

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class;

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b)

The remaining 75%, or $238,946.98, of the civil penalties recovered

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pursuant to PAGA will go to the California Labor and Workforce

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Development Agency;

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2.

Class Counsel shall receive $56,317.50 in attorneys’ fees and $4,975.71 in costs;

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3.

Defendant Leonardo Bros. is found and declared to be in violation of the statutes of

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the California Labor Code; and
4.

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The Clerk of the Court is directed to enter judgment in favor of plaintiffs and the
class and to close this case.

IT IS SO ORDERED.
Dated:

October 15, 2021
UNITED STATES DISTRICT JUDGE

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