Daniels v. Aeropostale West, Inc et al

Filing 58

REQUEST RE STATE-COURT ACTIONS AND DAMAGES. Response due by noon on May 15.. Signed by Judge Alsup on May 6, 2014. (whalc1, COURT STAFF) (Filed on 5/6/2014)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 10 Plaintiffs, 11 For the Northern District of California United States District Court 9 No. C 12-05755 WHA PORTIA DANIELS, on behalf of herself and all others similarly situated, 12 13 v. AÉROPOSTALE WEST, INC., a Delaware corporation, AÉROPOSTALE, INC., a Delaware corporation, and DOES 1 through 10, inclusive, 14 Defendants. / 15 16 17 18 REQUEST RE STATE-COURT ACTIONS AND DAMAGES By NOON ON MAY 15, counsel shall please file a joint statement (and supporting declarations) regarding the following: 1. The status of La Tina Sankey, et al. v. Aéropostale, Inc., No. BC457468 (Los 19 Angeles Sup. Ct. Mar. 16, 2011). Is there any overlap between the class certified in Sankey and 20 the collective action conditionally certified here? Please append a copy of any proposed 21 settlement in Sankey. 22 23 24 2. The status of Pakaz, et al. v. Aéropostale West, et al., No. BC493736 (Los Angeles Sup. Ct. Oct. 11, 2012). 3. The amount of damages sought in the trial-ready damages reports served in this 25 action (relevant portions of the reports may be filed). Counsel argue that the “true up amount” in 26 the settlement value is currently believed to be at least $8,224.12 and the proposed settlement 27 “puts 100% of each of the 594 Collective Action Members’ overtime payments owed for an 28 over-four year period back in his/her hands” (Br. 11). The proposed class notice states that “Plaintiff’s counsel . . . and Defendants’ counsel agree that the Settlement Award to each 1 Collective Action member represents, to their best understanding, at least 100% of the amount 2 that each Collective Action Member is owed, if anything.” If this action went to trial, how much 3 would plaintiff and defendants each be asking for from the jury? How would a jury calculate 4 damages? 5 4. Counsel estimate that “the amount of unpaid wages due to each Collective Action 6 Member ranges from $0.00 to those that were paid all overtime wages due, to up to $588.00 in 7 unpaid overtime.” More than 580 individuals have filed consent-to-join forms. What are the 8 approximate percentages of individuals receiving (1) $0, (2) $1 to $200, (3) $201 to $588 under 9 the proposed settlement? 5. The proposed settlement states that checks not cashed within 180 days from the 11 For the Northern District of California United States District Court 10 date of issuance “may be canceled.” Are these FLSA settlement class members bound by the 12 terms of the settlement? 13 6. Cy pres distributions should have a nexus to the case. See Nachshin v. AOL, LLC, 14 663 F.3d 1034, 1036 (9th Cir. 2011). The proposed settlement states that the “amount of any 15 uncashed settlement checks will be given to the Public Justice of Oakland, California.” Please 16 explain the nexus, if any. 17 The undersigned judge notes that the parties have filed a joint stipulation to continue or 18 stay deadlines. This stipulation will be ruled on in due course. All existing deadlines remain in 19 place. 20 IT IS SO ORDERED. 21 22 Dated: May 6, 2014. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 2

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