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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiffs,

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For the Northern District of California

United States District Court

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No. C 12-05755 WHA

PORTIA DANIELS, on behalf of herself
and all others similarly situated,

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v.
AÉROPOSTALE WEST, INC., a Delaware
corporation, AÉROPOSTALE, INC., a
Delaware corporation, and DOES 1 through
10, inclusive,

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Defendants.
/

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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

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Angeles Sup. Ct. Mar. 16, 2011). Is there any overlap between the class certified in Sankey and

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the collective action conditionally certified here? Please append a copy of any proposed

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settlement in Sankey.

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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

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action (relevant portions of the reports may be filed). Counsel argue that the “true up amount” in

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the settlement value is currently believed to be at least $8,224.12 and the proposed settlement

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“puts 100% of each of the 594 Collective Action Members’ overtime payments owed for an

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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

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Collective Action member represents, to their best understanding, at least 100% of the amount

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that each Collective Action Member is owed, if anything.” If this action went to trial, how much

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would plaintiff and defendants each be asking for from the jury? How would a jury calculate

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damages?

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4.

Counsel estimate that “the amount of unpaid wages due to each Collective Action

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Member ranges from $0.00 to those that were paid all overtime wages due, to up to $588.00 in

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unpaid overtime.” More than 580 individuals have filed consent-to-join forms. What are the

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approximate percentages of individuals receiving (1) $0, (2) $1 to $200, (3) $201 to $588 under

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the proposed settlement?
5.

The proposed settlement states that checks not cashed within 180 days from the

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For the Northern District of California

United States District Court

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date of issuance “may be canceled.” Are these FLSA settlement class members bound by the

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terms of the settlement?

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6.

Cy pres distributions should have a nexus to the case. See Nachshin v. AOL, LLC,

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663 F.3d 1034, 1036 (9th Cir. 2011). The proposed settlement states that the “amount of any

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uncashed settlement checks will be given to the Public Justice of Oakland, California.” Please

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explain the nexus, if any.

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The undersigned judge notes that the parties have filed a joint stipulation to continue or

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stay deadlines. This stipulation will be ruled on in due course. All existing deadlines remain in

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place.

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IT IS SO ORDERED.
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Dated: May 6, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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