Wolfe et al v. City of Yuba City

Filing 12

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 3/13/2017 ORDERING the proposed settlement APPROVED. Counsel are directed to file a request for dismissal of the entire action once payment has been remitted. (Washington, S)

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STACEY N. SHESTON, Bar No. 186016
[e-mail]
LAURA J. FOWLER, Bar No. 186097
[e-mail]
Best Best & Krieger LLP
500 Capitol Mall
Suite 1700
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
City of Yuba City

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

LAW OFFICES OF
BEST BEST & KRIEGER LLP
500 CAPITOL MALL, SUITE 1700
SACRAMENTO, CA 95814

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TODD WOLFE and DAVID JANS, on
behalf of themselves and all similarly
situated individuals,

Case No. 2:16-cv-01557-MCE-AC
JOINT REQUEST FOR APPROVAL OF
SETTLEMENT AGREEMENT; ORDER
THEREON

Plaintiffs,
v.
CITY OF YUBA CITY,
Defendant.

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The parties, Plaintiffs Todd Wolfe, David Jans, Robert Stoddard, Ajinder Gill, and Warren

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Dickerson (“Plaintiffs”), and Defendant the City of Yuba City (the “City”) (collectively the

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

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1.

Plaintiffs Todd Wolfe and David Jans commenced this action under the Fair Labor

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Standards Act, 29 U.S.C. § 201, et seq. Plaintiffs sought to recover back wages and associated

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damages and fees caused by the City’s failure to include payments made in lieu of health

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insurance benefits (“cash-in-lieu benefits”) in the regular rate of pay when calculating overtime.

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This case was filed as a “collective action,” and the named Plaintiffs asserted claims on behalf of

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themselves and all similarly situated individuals pursuant to 29 U.S.C. section 216(b).
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2:16-CV-01557-MCE-AC
JOINT REQUEST FOR APPROVAL OF
SETTLEMENT AGREEMENT; ORDER
THEREON

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2.

In addition to the two named plaintiffs, three other individuals opted-in as

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plaintiffs by filing consents to join, including Robert Stoddard, Ajinder Gill, and Warren

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Dickerson (collectively “Plaintiffs”).

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3.

As of November 2016, the City represents that it calculated and paid overtime

compensation arising out of cash-in-lieu benefits to all eligible employees (including current and

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former employees) for a three-year period dating back to July 1, 2013. When calculating the

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hours worked, the City took into account all overtime hours – whether that overtime consisted of

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“contract overtime” (i.e., overtime defined by agreement) or FLSA overtime. In addition to

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payment of overtime compensation, the City represents that it has paid all eligible employees

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LAW OFFICES OF
BEST BEST & KRIEGER LLP
500 CAPITOL MALL, SUITE 1700
SACRAMENTO, CA 95814

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liquidated damages in an amount equal to the amount of back wages, in an effort to ensure full

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and complete payment of all recoverable damages.

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employees in November 2016, not conditioned on the execution of any release or waiver of

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claims. The parties agree that the City has paid Plaintiffs the maximum liability on all amounts

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owing within the limitations period (including wages, back pay, liquidated damages, fees, and

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costs).

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4.

The City issued these payments to all

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 pay

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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

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

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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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2:16-CV-01557-MCE-AC
JOINT REQUEST FOR APPROVAL OF
SETTLEMENT AGREEMENT; ORDER

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6.

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

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settlement of this action. Once Court approval is obtained, the City will remit payment, and the

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Plaintiffs will dismiss this Action with prejudice.

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Dated: March 8, 2017

BEST BEST & KRIEGER LLP

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BY: /s/ Laura J. Fowler
LAURA J. FOWLER
STACEY N. SHESTON
Attorneys for Defendant
City of Yuba City

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Dated: January 31, 2017

MASTAGNI HOLSTEDT

LAW OFFICES OF
BEST BEST & KRIEGER LLP
500 CAPITOL MALL, SUITE 1700
SACRAMENTO, CA 95814

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BY: /s/ David E. Mastagni (as authorized on 1/31/17)
DAVID E. MASTAGNI
Attorneys for Plaintiffs Todd Wolfe, David Jans,
Robert Stoddard, Ajinder Gill, and Warren
Dickerson

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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: March 13, 2017

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2:16-CV-01557-MCE-AC
JOINT REQUEST FOR APPROVAL OF
SETTLEMENT AGREEMENT; ORDER