Cordy v. USS-Posco Industries et al

Filing 86

STIPULATION AND ORDER re 85 STIPULATION WITH PROPOSED ORDER TO AMEND ORDER APPROVING CLASS SETTLEMENT DUE TO CLERICAL ERROR filed by USS-Posco Industries. Signed by Judge Jon S. Tigar on July 2, 2014. (wsn, COURT STAFF) (Filed on 7/2/2014)

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SEYFARTH SHAW LLP
Francis J. Ortman III (SBN 213202) [e-mail]
Cassandra H. Carroll (SBN 209123) [e-mail]
Emily E. Barker (SBN 275166) [e-mail]
560 Mission Street, Suite 3100
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
USS-POSCO INDUSTRIES
SCHNEIDER WALLACE COTTRELL KONECKY LLP
Carolyn H. Cottrell (SBN 166977) [e-mail]
180 Montgomery Street, Suite 2000
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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BROWN | POORE LLP
Scott A. Brown (SBN 177099) [e-mail]
1350 Treat Boulevard, Suite 400
Walnut Creek, CA 94597
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARL CORDY, on his own behalf individually )
and on behalf of others similarly situated,
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Plaintiff,
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v.
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USS-POSCO INDUSTRIES, UNITED
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STATES STEEL CORPORATION, POSCO- )
CALIFORNIA CORPORATION, PITCAL,
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INC. and DOES 1-50,
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)
Defendants.
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)

Case No. CV 12 00553 JST
STIPULATION TO AMEND ORDER
APPROVING CLASS SETTLEMENT
DUE TO CLERICAL ERROR;
[PROPOSED] ORDER THEREON

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STIPULATION TO AMEND ORDER APPROVING CLASS SETTLEMENT DUE TO CLERICAL ERROR; PROPOSED ORDER
THEREON / CASE NO. CV 12 00553 JST
17539697v.1

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Plaintiff Carl Cordy, Settlement Subclass Representative Donald Jones, and the

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Settlement Subclasses (“Plaintiffs”) and Defendant USS-POSCO Industries (“Defendant”), by

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and through their attorneys, hereby stipulate pursuant to Local Rule 7-12 as follows:

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WHEREAS on January 8, 2014, the Honorable Jon S. Tigar entered an Order Granting

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Motion for Preliminary Approval of Class Action Settlement, Conditional Certification of

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Settlement Subclasses, Approval of Notice of Settlement, and Seeking Hearing for Final

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Approval; Granting Stipulation Regarding Appointment of Class Representative for Itemized

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Wage Statement Penalty Subclass (“Order”) (ECF No. 71), which provided, among other things,

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that: (1) a class for this matter would be divided into four (4) subclasses, including an Itemized

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Wage Subclass, a Waiting Time Penalty Subclass, a Continual Presence Subclass, and an Unpaid

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Time Worked Subclass with recovery tailored to provide relief to class members based on

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individual class members’ circumstances, (2) that settlement award checks that remain un-cashed

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after 180 days will be distributed to a cy pres recipient, the Legal Aid Society-Employment Law

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Center; and (3) the parties could designate a $125,000 Hold-Back Fund to settle Class Members’

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disputed and/or late claims, if any, with any remaining portion of that Hold-Back fund not

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distributed within 120 days to be used by Defendant to pay a portion of its payroll taxes on the

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Settlement Awards.

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WHEREAS on April 28, 2014, Judge Tigar entered an Order Approving Class Settlement
whereby he finally approved the settlement, including the aforementioned provisions.
WHEREAS on May 21, 2014, the class settlement award checks based were mailed in

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accordance with the approved allocation of the net settlement amount, as follows: Unpaid Time

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Subclass: $699,416.50; Continual Presence Subclass: $197,624.50; Waiting Time Penalty

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Subclass: $186,691.50; and the Itemized Wage Statement Subclass: $1,133,691.50.

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WHEREAS, after the settlement award checks were distributed, the parties learned that

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certain class members that worked under Job Code 6066-03 – CSA Lead Operator disputed their

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awards, claiming they were eligible for additional settlement funds due to their participation in

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the Continual Presence Subclass.

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STIPULATION TO AMEND ORDER APPROVING CLASS SETTLEMENT DUE TO CLERICAL ERROR; PROPOSED ORDER
THEREON / CASE NO. CV 12 00553 JST
17539697v.1

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WHEREAS, Defendant’s counsel investigated the disputes of these class members, and

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subsequently discovered that ten (10) class members who had worked under Job Code 6066-03 –

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CSA Lead Operator had been inadvertently omitted from the Continual Presence Subclass list,

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and therefore did not receive their full settlement award.

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WHEREAS, the Claims Administrator calculated that the ten (10) CSA Lead Operators

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are due a collective amount of $18,483.02, including payroll taxes, representing the settlement

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funds owed for their participation in the Continual Presence Subclass.

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WHEREAS, the parties met and conferred extensively regarding the most efficient and

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fair means to address the clerical error in order to ensure that the ten (10) CSA Lead Operators

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class members promptly receive their full settlement award, and agreed to the following:
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The Hold-Back fund shall be accessed now to withdraw the $18,483.02 necessary

to fund additional settlement award checks due to the ten (10) CSA Lead Operators.
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In the event that any settlement award checks remain un-cashed after 180 days, it

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shall be distributed as follows: (a) any amount up to $18,483.02 shall be used to replenish the

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monies removed from the Hold-Back fund to cover the CSA Lead Operator Continual Presence

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Subclass distribution; and (b) any additional amount over $18,483.02 will be distributed to cy

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pres recipient, the Legal Aid Society-Employment Law Center.

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NOW, THEREFORE, Plaintiffs and Defendant hereby stipulate and jointly request that
the Court amend its Order due to this clerical error.
IT IS SO STIPULATED.

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DATED: July 1, 2014

SEYFARTH SHAW LLP

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By

/s/ Cassandra H. Carroll
Francis J. Ortman III
Cassandra H. Carroll
Emily E. Barker
Attorneys for Defendant
USS-POSCO INDUSTRIES

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STIPULATION TO AMEND ORDER APPROVING CLASS SETTLEMENT DUE TO CLERICAL ERROR; PROPOSED ORDER
THEREON / CASE NO. CV 12 00553 JST
17539697v.1

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DATED: July 1, 2014

SCHNEIDER WALLACE COTTRELL
KONECKY LLP

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By

/s/ Carolyn H. Cottrell
Carolyn H. Cottrell
Attorneys for Plaintiff
CARL CORDY

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DATED: July 1, 2014

BROWN | POORE LLP

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By

/s/ Scott A. Brown
Scott A. Brown
Attorneys for Plaintiff
CARL CORDY

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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ERED
O ORD
IT IS S
HONORABLE JON S. TIGAR

R NIA

Date: July 2, 2014

UNITED STATES DISTRICT COURT JUDGE

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UNIT
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S DISTRICT
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ORDER

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STIPULATION TO AMEND ORDER APPROVING CLASS SETTLEMENT DUE TO CLERICAL ERROR; PROPOSED ORDER
THEREON / CASE NO. CV 12 00553 JST
17539697v.1

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CONSENT TO ELECTRONIC FILING

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Pursuant to General Order 45, paragraph X.B., I hereby attest that Carolyn H. Cottrell

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and Scott A. Brown, registered ECF users whose user IDs and passwords will not be utilized in

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the filing of the Stipulation to Amend Order Approving Class Settlement Due to Clerical Error;

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[Proposed] Order Thereon, concurred in the filing.

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DATED: July 1, 2014

SEYFARTH SHAW LLP

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By

/s/ Cassandra H. Carroll
Francis J. Ortman III
Cassandra H. Carroll
Emily E. Barker
Attorneys for Defendant
USS-POSCO INDUSTRIES

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STIPULATION TO AMEND ORDER APPROVING CLASS SETTLEMENT DUE TO CLERICAL ERROR; PROPOSED ORDER
THEREON / CASE NO. CV 12 00553 JST
17539697v.1