Olson v. City of Woodland

Filing 31

STIPULATION AND ORDER signed by District Judge John A. Mendez on 5/23/2017 APPROVING the proposed settlement; DIRECTING counsel to file a request for dismissal of the entire action once payment has been remitted. (Michel, G.)

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DAVID E. MASTAGNI, ESQ. (SBN 204244)
ISAAC S. STEVENS, ESQ. (SBN 251245)
ACE T. TATE, ESQ. (SBN 262015)
MASTAGNI HOLSTEDT
A Professional Corporation
1912 “I” Street
Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs
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STACEY N. SHESTON, ESQ. (SBN 186016)
BEST BEST & KRIEGER LLP
500 Capitol Mall
Suite 1700
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendant

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) Case No. 2:16-cv-01477-JAM-AC
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) JOINT REQUEST FOR APPROVAL OF
) SETTLEMENT AGREEMENT
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The parties, Plaintiffs Brian Olson, Kathleen Bailey, Melissa Griffin, Stacey Brigham, Brett

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BRIAN OLSON, et al., on behalf of
himself and all similarly situated individuals,

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Plaintiffs,
v.

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CITY OF WOODLAND,
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Defendant.
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Hancock, Tamara Pelle, John Perez, Theresa Perez, Frank Ritter, Glenda Alexander, Greg Ford and
Susan Stewart (“Plaintiffs”), and Defendant the City of Woodland (the “City”) (collectively the

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“Parties”) submit this Joint Request for Approval of Settlement Agreement (“Request”).

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JOINT REQUEST FOR APPROVAL
OF SETTLEMENT AGREEMENT

OLSON et al. v. CITY OF WOODLAND
Case No. 2:16-cv-01477-JAM-AC

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FACTUAL RECITATIONS

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1.

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U.S.C. § 201, et seq. Plaintiffs sought to recover back wages and associated damages and fees

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caused by the City’s failure to include payments made in lieu of health insurance benefits (“cash-

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in-lieu benefits”) in the regular rate of pay when calculating overtime. This case was filed as a

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“collective action,” and the named Plaintiffs asserted claims on behalf of themselves and all

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similarly situated individuals pursuant to 29 U.S.C. section 216(b).

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Plaintiff Brian Olson commenced this action under the Fair Labor Standards Act, 29

2.

In addition to the named Plaintiff, thirteen additional individuals opted-in as

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plaintiffs by filing consents to join, including Kathleen Bailey, Melissa Griffin, Stacey Brigham,

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Brett Hancock, Tamara Pelle, John Perez, Theresa Perez, Frank Ritter, Glenda Alexander, Greg Ford

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and Susan Stewart (collectively “Plaintiffs”).

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3.

The City represents that it calculated and paid overtime compensation arising out

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of cash-in-lieu benefits to all eligible employees (including current and former employees) for a

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period from July 1, 2013 through the July 1, 2016. When calculating the hours worked, the City

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took into account all overtime hours – whether that overtime consisted of “contract overtime”

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(i.e., overtime defined by agreement) or FLSA overtime. In addition to payment of overtime

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compensation, the City represents that it has paid all eligible employees liquidated damages in

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an amount equal to the amount of back wages, in an effort to ensure full and complete payment

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of all recoverable damages. The City issued these payments to all employees in March 2017,

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not conditioned on the execution of any release or waiver of claims. The parties agree that the

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City has paid Plaintiffs the maximum liability on all amounts owing within the limitations

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period (including wages, back pay, liquidated damages, fees, and costs).

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4.

Plaintiffs and their counsel have been notified that, on a going forward basis,

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commencing effective July 1, 2016, the City has modified its calculation of the regular rate of

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pay to include amounts paid as cash-in-lieu benefits.

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5.

Conditioned upon Court approval of the terms of this Agreement, the City has

agreed to pay Plaintiffs’ legal counsel (the law firm of Mastagni Holstedt) the amount of

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JOINT REQUEST FOR APPROVAL
OF SETTLEMENT AGREEMENT

OLSON et al. v. CITY OF WOODLAND
Case No. 2:16-cv-01477-JAM-AC

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$20,000.00, as full and complete attorneys’ fees and costs for the prosecution of this action. This

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amount will be paid within ten (10) days of Court approval of this Request. The City concurs that

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this amount represents a reasonable fee for the nature of the work performed and the result

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obtained. Plaintiffs and their legal counsel also confirm that this amount represents reasonable

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compensation for the work performed and effort expended, in light of the expertise of the

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Mastagni Holstedt firm. A fully-executed copy of the parties Settlement Agreement is attached

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hereto as Exhibit A.

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6.

Based on the foregoing facts, the parties jointly request that the Court approve the

settlement of this action. Once Court approval is obtained, the City will remit payment, and the
Plaintiffs will dismiss this Action with prejudice.

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Respectfully submitted,
Dated: May 23, 2017

By: /s/ David E. Mastagni
DAVID E. MASTAGNI, ESQ.
ISAAC S. STEVENS, ESQ.
ACE T. TATE, ESQ.
Attorneys for Plaintiffs

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MASTAGNI HOLSTEDT, APC

Dated: May 23, 2017

BEST BEST & KRIEGER LLP

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By: /s/ Stacey N. Sheston
STACEY N. SHESTON, ESQ.
Attorneys for Defendants

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ORDER

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In accordance with the foregoing stipulation of the parties, and good cause appearing, the

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proposed settlement is hereby approved. Counsel are directed to file a request for dismissal of the

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entire action once payment has been remitted.

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IT IS SO ORDERED:
DATED: 5/23/2017

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JOINT REQUEST FOR APPROVAL
OF SETTLEMENT AGREEMENT

/s/ John A. Mendez_______________________
HONORABLE JOHN A. MENDEZ,
UNITED STATES DISTRICT COURT JUDGE
OLSON et al. v. CITY OF WOODLAND
Case No. 2:16-cv-01477-JAM-AC