Woods et al v. Vector Marketing Corporation

Filing 276

ORDER by Judge Edward M. Chen granting 255 Motion for Preliminary Approval of Settlement. Final approval hearing set for 10/6/16 at 1:30 p.m. (bpfS, COURT STAFF) (Filed on 6/30/2016)

Case 3:14-cv-00264-EMC Document 275 Filed 06/28/16 Page 1 of 6

1 MARLIN & SALTZMAN, LLP

Stanley D. Saltzman, Esq. (SBN 090058)

2 29229 Canwood Street, Suite 208
Agoura Hills, California 91301
[phone]
Facsimile:
[phone]
4 [e-mail]

3 Telephone:

5 DIVERSITY LAW GROUP, A Professional Corporation
Larry W. Lee, Esq. (SBN 228175)

6 550 S. Hope St., Suite 2655

Los Angeles, California 90071
[phone]
Facsimile:
[phone]
8 [e-mail]

7 Telephone:

9

Attorneys for Plaintiffs

10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12
13 WILLIAM WOODS (CA), DOMINIC SEALE
(FL), WESLEY VARUGHESE (IL), ERIC

14 ESSLER (MI), KRISTINA WILLS (MN),
15 CASEY MCCALEB (MO), SAMUEL

BARONE-CROWELL (NY), LOWELL
16 HARVARD JR. (NY), ALTWELL WINFIELD
(NY), TIFFANY REINHART (OH), individually
17 and on behalf of all other similarly situated
individuals,

18
19

Plaintiffs,
v.

20
VECTOR MARKETING CORPORATION and

21 DOES 1 through 20, inclusive,
22

CASE NO. 14-CV-00264-EMC
(Hon. Edward M. Chen)
CLASS ACTION
THIRD REVISED [PROPOSED] ORDER
GRANTING PLAINTIFF’S MOTION FOR
PRELIMINARY APPROVAL OF CLASS
AND COLLECTIVE ACTION
SETTLEMENT
DATE:
TIME:
CTRM:

June 2, 2016
1:30 p.m.
5

Complaint Filed: January 16, 2014

Defendants.

23
24
25
26
27
28

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THIRD Revised [Proposed] Order Granting Plaintiffs’ Motion for Preliminary Approval
of Class And Collective Action Settlement
Case No. 14-CV-00264-EMC

Case 3:14-cv-00264-EMC Document 275 Filed 06/28/16 Page 2 of 6

1

On June 2, 2016, the Court heard Plaintiffs’ unopposed Motion for Preliminary Approval of

2 Class and Collective Action Settlement. The Court has considered the Memorandum of Points and
3 Authorities in Support of Preliminary Approval and the Notice of Settlement of Class and Collective
4 Action and attached exhibits and hereby finds and orders as follows:
5

The Court finds on a preliminary basis that the Settlement Agreement, filed with the Court as

6 Exhibit 1 to the Declaration of Christina A. Humphrey, falls within the range of reasonableness and,
7 therefore, meets the requirements for preliminary approval. For ease of reference, the Settlement
8 Agreement previously attached as Exhibit 1 to the Declaration of Christina A. Humphrey is now
9 attached hereto as Exhibit 1.
10

On September 4, 2015, this Court granted the Plaintiffs’ motion for certification of the state

11 law claims asserted in the action. (Doc No. 228). On September 24, 2015, this Court approved the
12 class definitions (Doc No. 232) pursuant to Rule 23. On March 16, 2015, this Court conditionally
13 certified the collective action. Doc. 145. Ultimately, 4,467 individuals submitted Consent to Join
14 forms by the cutoff date of September 4, 2015. Those individuals constitute the FLSA Class.
15

The Class and Collective Action Definitions, modified for settlement purposes are set forth

16 below:
17

1.

18

All individuals, who, since January 16, 2010, through the Preliminary Approval Date, either

California (William Woods)

19 (a) attended all three days of Vector’s initial training program in California, or (b) attended some
20 portion of Vector’s training program in California and provided a list of individuals they thought
21 might be interested in becoming sales representatives for Vector during training.
22

Excluded from the California class are those individuals who either: (a) completed their

23 initial training entirely online; or (b) who did not opt out of the case captioned: Harris v. Vector
24 Marketing Corp., Civil Action Number 08-5198, before the United States District Court for the
25 Northern District of California; or (c) signed the Arbitration Agreement (as defined in Section 2.4
26 of the Settlement Agreement).
27 / / /
28

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THIRD Revised [Proposed] Order Granting Plaintiffs’ Motion for Preliminary Approval
of Class And Collective Action Settlement
Case No. 14-CV-00264-EMC

Case 3:14-cv-00264-EMC Document 275 Filed 06/28/16 Page 3 of 6

1

2.

2

All individuals, who, since January 16, 2012, through the Preliminary Approval Date, either

Florida (Dominic Seale)

3 (a) attended all three days of Vector’s initial training program in Florida, or (b) attended some
4 portion of Vector’s training program in Florida and provided during training a list of individuals
5 they thought might be interested in becoming sales representatives for Vector.
6

Excluded from the Florida class are those individuals who completed their entire initial

7 training online or who signed the Arbitration Agreement (as defined in Section 2.4 of the
8 Settlement Agreement).
9
10

3.

Illinois (Wesley Varughese)

All individuals, who, since January 16, 2011, through the Preliminary Approval Date, either

11 (a) attended all three days of Vector’s initial training program in Illinois, or (b) attended some
12 portion of Vector’s training program in Illinois and provided during training a list of individuals
13 they thought might be interested in becoming sales representatives for Vector.
14

Excluded from the Illinois class are those individuals who completed their entire initial

15 training online or who signed the Arbitration Agreement (as defined in Section 2.4 of the
16 Settlement Agreement).
17

4.

18

All individuals, who, since January 16, 2011, through the Preliminary Approval Date, either

Michigan (Eric Essler)

19 (a) attended all three days of Vector’s initial training program in Michigan, or (b) attended some
20 portion of Vector’s training program in Michigan and provided during training a list of individuals
21 they thought might be interested in becoming sales representatives for Vector.
22

Excluded from the Michigan class are those individuals who completed their entire initial

23 training online or who signed the Arbitration Agreement (as defined in Section 2.4 of the
24 Settlement Agreement).
25

5.

26

All individuals, who, since January 16, 2008, through the Preliminary Approval Date, either

New York (Samuel Barone Crowell)

27 (a) attended all three days of Vector’s initial training program in New York, or (b) attended some
28

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THIRD Revised [Proposed] Order Granting Plaintiffs’ Motion for Preliminary Approval
of Class And Collective Action Settlement
Case No. 14-CV-00264-EMC

Case 3:14-cv-00264-EMC Document 275 Filed 06/28/16 Page 4 of 6

1 portion of Vector’s training program in New York and provided during training a list of individuals
2 they thought might be interested in becoming sales representatives for Vector.
3

Excluded from the New York class are those individuals who completed their entire initial

4 training online or who signed the Arbitration Agreement (as defined in Section 2.4 of the
5 Settlement Agreement).
6
7
8

6.

FLSA Collective Class (William Woods, Dominic Seale,
Wesley Varughese, Eric Essler)

All individuals in the United States who, since September 22, 2011, through September 4,

9 2015, either (a) attended all three days of Vector’s initial training program, or (b) attended some
10 portion of Vector’s initial training program and provided a list of personal recruits during training,
11 and (c) timely submitted a consent to join form.
12

Excluded are those individuals who completed their entire training online or who signed the

13 Arbitration Agreement (as defined in Section 2.4 of the Settlement Agreement).
14

The Court previously appointed Christina A. Humphrey and Stanley D. Saltzman of Marlin

15 & Saltzman LLP and Larry W. Lee of Diversity Law Group, as Class and Collective Action Counsel
16 for all purposes in the case. Simpluris, Inc. is appointed as Settlement Administrator.
17

The Class Notice attached as Exhibit A to the Settlement Agreement (which is Exhibit 1 to

18 the Declaration of Christina A. Humphrey in Support of Plaintiffs’ Motion for Preliminary
19 Approval), and as revised by the Parties consistent with the Court’s instructions at the hearing on
20 preliminary approval held on June 2, 2016, is approved as lodged on June 20, 2016. The Revised
21 Notice lodged on June 20, 2016, is attached hereto as Exhibit 2. The Court also approves the
22 documents additionally lodged on June 20, 2016, those being the endorsement language for the back
23 of the check to be mailed to Settlement Class Members (attached hereto as Exhibit 3), and the
24 language on the transmittal document for the settlement checks (attached hereto as Exhibit 4), also to
25 be mailed to all Settlement Class Members. The Settlement Administrator is ordered to mail the
26 Notice to the Class members as provided in the Settlement Agreement. The Court finds that this
27 notice is the best notice practicable under the circumstances and is in compliance with the
28

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THIRD Revised [Proposed] Order Granting Plaintiffs’ Motion for Preliminary Approval
of Class And Collective Action Settlement
Case No. 14-CV-00264-EMC

Case 3:14-cv-00264-EMC Document 275 Filed 06/28/16 Page 5 of 6

1 requirements of Fed. R. Civ. P. 23 and applicable standards of due process.
2

Each Class Member will have forty-five (45) days after the date on which the Settlement

3 Administrator mails the Class Notice to object to the Settlement by filing with the Court, by the
4 forty-five (45) day deadline, a written objection to the Settlement.
5

Each Class Member who wishes to be excluded from the Settlement shall submit a timely

6 Request for Exclusion to the Settlement Administrator, at the address set forth in the Notice of
7 Settlement, postmarked no later than 45 days from the date the notice is first mailed.
8

The Court hereby establishes the following briefing and hearing date schedule, following this

9 Order granting Preliminary Approval of the Settlement:
10

(a)

July 14, 2016 – Defendant will produce the class list and data to the TPA (10

11 business days after preliminary approval order);
12

(b)

July 28, 2016 – The TPA will mail notice to class members (within 10 business days

13 after receiving the list);
14

(c)

August 26, 2016 – Plaintiffs will file their motion for approval of fees, costs and

15 enhancements (seventeen days prior to the deadline for exclusions/objections, exceeding the
16 Mercury Interactive requirement);
17

(d)

September 1, 2016 - Plaintiffs will file their motion for final approval (thirty five

18 days prior to the final approval hearing);
19

(e)

September 12, 2016 – Deadline to Request Exclusion from the Settlement or Object

20 to Settlement;
21

(f)

September 22, 2016 - Last day for TPA to notify parties of the number of Requests

22 for Exclusions;
23

(g)

September 22, 2016 – Plaintiffs will file any supplemental papers/declarations as to

24 any updated exclusion and objection submissions as of the close of the Notice period (fourteen days
25 prior to the final approval hearing);
26

(h)

October 6, 2016 – hearing date for Final Approval Hearing.

27 / / /
28

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THIRD Revised [Proposed] Order Granting Plaintiffs’ Motion for Preliminary Approval
of Class And Collective Action Settlement
Case No. 14-CV-00264-EMC

Case 3:14-cv-00264-EMC Document 275 Filed 06/28/16 Page 6 of 6

1

If the Settlement Agreement is not finally approved by the Court or for any reason is

2 terminated or otherwise does not become effective, the following will occur: (1) this Preliminary
3 Approval Order, and all of its provisions, will be automatically vacated; (2) the case will proceed as
4 if no settlement has been attempted and notice will be provided to the putative class members that
5 the settlement will not proceed and that, as a result, no payments will be made; (3) no party shall be
6 deemed to have waived any claims, objections, rights, or defenses, or legal arguments or positions,
7 including, but not limited to, objections to class certification and claims and defenses on the merits;
8 (4) no term or draft of the Settlement Agreement, or any aspect of the Parties’ settlement discussions,
9 including related documentation, will have any effect or be admissible into evidence for any purpose
10 in the case or in any other proceeding; and (5) the Defendants shall have no obligation to pay all or
11 any part of the settlement.
12

During the Court’s consideration of the settlement and pending further order of the Court, all

13 proceedings in this case, other than proceedings necessary to carry out the terms and provisions of
14 the Settlement Agreement, or as otherwise directed by the Court, are hereby stayed and suspended.

19
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_________________________________
Hon. Edward M. Chen
ERED
United StatesS SO ORD
District Judge
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17

October 30, 2016

DATED: _____________________

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THIRD Revised [Proposed] Order Granting Plaintiffs’ Motion for Preliminary Approval
of Class And Collective Action Settlement
Case No. 14-CV-00264-EMC

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EXHIBIT 1
to
Third Revised Proposed Order Granting
Preliminary Approval of Class Action Settlement

EXHIBIT 1
to
Third Revised Proposed Order Granting
Preliminary Approval of Class Action Settlement

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EXHIBIT 1
SETTLEMENT AGREEMENT (Exhibit 1 to Humphrey Declaration)

EXHIBIT 1
SIGNATURE PAGES
TO
SETTLEMENT AGREEMENT (Exhibit 1 to Humphrey Declaration)

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EXHIBIT 1
SIGNATURE PAGES
TO
SETTLEMENT AGREEMENT (Exhibit 1 to Humphrey Declaration)

EXHIBIT 1
SIGNATURE PAGES
TO
SETTLEMENT AGREEMENT (Exhibit 1 to Humphrey Declaration)

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EXHIBIT 1
SIGNATURE PAGES
TO
SETTLEMENT AGREEMENT (Exhibit 1 to Humphrey Declaration)

EXHIBIT 1
SIGNATURE PAGES
TO
SETTLEMENT AGREEMENT (Exhibit 1 to Humphrey Declaration)

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EXHIBIT A
Class Notice
(to Settlement Agreement)

EXHIBIT A
Class Notice
(to Settlement Agreement)

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EXHIBIT 2
to
Third Revised Proposed Order Granting
Preliminary Approval of Class Action Settlement

EXHIBIT 2
to
Third Revised Proposed Order Granting
Preliminary Approval of Class Action Settlement

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
WILLIAM WOODS (CA), DOMINIC SEALE
(FL), WESLEY VARUGHESE (IL), ERIC
ESSLER (MI), KRISTINA WILLS (MN),
CASEY MCCALEB (MO), SAMUEL
BARONE-CROWELL (NY), LOWELL
HARVARD JR. (NY), ALTWELL
WINFIELD (NY), TIFFANY REINHART
(OH), individually and on behalf of all other
similarly situated individuals,

Case No. 14-CV-00264-EMC
NOTICE OF SETTLEMENT OF
COLLECTIVE AND CLASS ACTION
(“CLASS NOTICE”)

Plaintiffs,
v.
VECTOR MARKETING CORPORATION
and DOES 1 through 20, inclusive,
Defendants.

ATTENTION: If you attended the initial training offered to persons interested in becoming
sales representatives for Vector Marketing Corporation (“Initial Training Program”), you may be
eligible to receive money from a proposed Settlement in the above-captioned collective and class
action lawsuit (“Action”). The expected average recovery per class member before reduction of
fees, costs and enhancements, is $73.00, the expected average recovery per class member after
reduction for fees and costs, assuming that all requests for Court approval of such fees, costs and
enhancements are granted, is $42.50. If some of the fees, costs and/or enhancements are not
approved by the Court, your net share could increase.
PLEASE READ THIS NOTICE CAREFULLY. This Notice relates to the proposed
Settlement of this Action. If you are a Class Member (defined below), this Notice contains
important information affecting your rights to participate in the Settlement as further described
below. This Notice advises you of the terms of the Settlement and your rights and options under
it.
What is this Settlement about?
Plaintiffs William Woods (CA), Dominic Seale (FL), Wesley Varughese (IL), Eric Essler (MI)
and Samuel Barone-Crowell (NY) (“Named Plaintiffs”), together with plaintiffs Kristina Mills
(MN), Casey McCaleb (MO), Lowell Harvard Jr. (NY), Winfield Atwell (NY) and Tiffany
Reinhart (OH), filed the Action on January 16, 2014, alleging that Defendant Vector Marketing
Corporation (“Defendant”) failed to pay them, and all others similarly situated nationwide,
Page 1
If you have questions, contact the Settlement Administrator at [mailing address], [e-mail
address], [phone number] or [fax number].
EXHIBIT A (Revised)
pa-1733334

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wages for the initial training Defendant offered them, in violation of the federal Fair Labor
Standards Act (“FLSA”) and the laws of the states of California, Florida, Illinois, Michigan,
Minnesota, Missouri, New York and Ohio. The Action was brought as a putative class and
collective action and sought unpaid wages, penalties and restitution, as well as interest,
attorneys’ fees and costs.
The Court has certified a collective action under the FLSA comprised of the 4,467 individuals
whose written consents to join the Action were in the possession of Plaintiffs’ Counsel as of
September 4, 2015 (“FLSA Collective Action Class”). You are a member of the FLSA
Collective Action Class if you are one of those individuals.
The Court has also certified five state law classes under Rule 23 of the Federal Rules of Civil
Procedure (“FRCP 23 State Law Classes”), defined as follows:
1. California State Law Class: All individuals who, since January 16, 2010 through
[Preliminary Approval Date], either (a) attended all three days of Defendant’s Initial
Training Program in California, or (b) attended some portion of Defendant’s Initial
Training Program in California and provided during training a list of individuals they
thought might be interested in becoming sales representatives for Defendant, as
determined from Defendant’s records. Excluded from the California State Law Class are
those individuals who either (a) completed their initial training entirely online; or (b) did
not opt out of the case entitled Harris v. Vector Marketing Corp., Civil Action Number
08-5198, before the United States District Court for the Northern District of California; or
(c) signed Defendant’s Sales Representative Agreement containing the arbitration and
class action waiver which the Court in this case ruled was enforceable, in its Order filed
in the Action on August 28, 2014 (the “Arbitration Agreement”).
2. Florida State Law Class: All individuals who, since January 16, 2012 through
[Preliminary Approval Date], either (a) attended all three days of Defendant’s Initial
Training Program in Florida, or (b) attended some portion of Defendant’s Initial Training
Program in Florida and provided during training a list of individuals they thought might
be interested in becoming sales representatives for Defendant, as determined from
Defendant’s records. Excluded from the Florida State Law Class are those individuals
who either completed their initial training entirely online or signed the Arbitration
Agreement.
3. Illinois State Law Class: All individuals who, since January 16, 2011 through
[Preliminary Approval Date], either (a) attended all three days of Defendant’s Initial
Training Program in Illinois, or (b) attended some portion of Defendant’s Initial Training
Program in Illinois and provided during training a list of individuals they thought might
be interested in becoming sales representatives for Defendant, as determined from
Defendant’s records. Excluded from the Illinois State Law Class are those individuals
who either completed their initial training entirely online or signed the Arbitration
Agreement.
Page 2
If you have questions, contact the Settlement Administrator at [mailing address], [e-mail
address], [phone number] or [fax number].
EXHIBIT A (Revised)
pa-1733334

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4. Michigan State Law Class: All individuals who, since January 16, 2011 through
[Preliminary Approval Date], either (a) attended all three days of Defendant’s Initial
Training Program in Michigan, or (b) attended some portion of Defendant’s Initial
Training Program in Michigan and provided during training a list of individuals they
thought might be interested in becoming sales representatives for Defendant, as
determined from Defendant’s records. Excluded from the Michigan State Law Class are
those individuals who either completed their initial training entirely online or signed the
Arbitration Agreement.
5. New York State Law Class: All individuals who, since January 16, 2008 through
[Preliminary Approval Date], either (a) attended all three days of Defendant’s Initial
Training Program in New York, or (b) attended some portion of Defendant’s Initial
Training Program in New York and provided during training a list of individuals they
thought might be interested in becoming sales representatives for Defendant, as
determined from Defendant’s records. Excluded from the New York State Law Class are
those individuals who completed their initial training entirely online or signed the
Arbitration Agreement.
If you come within the definition of one of the FRCP 23 State Law Classes described above in
numbered paragraphs 1 – 5, you are a member of that class. Individuals within the FRCP 23
State Law Classes are referred to collectively with individuals within the FLSA Collective
Action Class as “Class Members.”
The Action has been heavily litigated over the past two years. Substantial discovery has been
taken, and extensive court proceedings have occurred. Following that activity, the parties
participated in a mediation conducted by a professional mediator. The Action did not settle
during the mediation. In the course of post-mediation negotiations, the parties reached an
agreement to settle the Action.
The Settlement is not an admission of liability by Defendant. Throughout this case, Defendant
has denied any liability or wrongdoing, or that any compensable injury arose out of the claims
alleged in the Action. Defendant contends that it has complied with the FLSA and all relevant
state laws regarding individuals’ participation in Defendant’s Initial Training Program.
Under the Settlement, Defendant agrees to make payments to all Class Members who do not
timely submit a valid Request for Exclusion from the Settlement (“Settlement Class Members”).
These payments will be based on the number of Training Days attended by each Settlement
Class Member compared to the total number of Training Days attended by all Settlement Class
Members, based on Defendant’s records and as more fully described below. Defendant also
agrees to pay Settlement Administration Costs, Service Awards to the Named Plaintiffs, and
Plaintiffs’ Counsel’s attorneys’ fees and costs/expenses up to the amounts set forth below,
subject to court approval. Defendant’s maximum total obligation to pay money under the
Settlement is $6,750,000.00.
Page 3
If you have questions, contact the Settlement Administrator at [mailing address], [e-mail
address], [phone number] or [fax number].
EXHIBIT A (Revised)
pa-1733334

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Plaintiffs’ Counsel believes that the allegations made in the Action are valid and well-taken.
However, recognizing the various defenses to the Action asserted by Defendant and the risk that
one or more of those defenses might prevail, Plaintiffs’ Counsel also believes that the Settlement
is in the best interests of the Class Members. Further proceedings would be very expensive and
could take a long time, including the possibility of an appeal of any verdict. Moreover, no one
can confidently predict the outcome of the legal issues in this case.
At a preliminary approval hearing, the Court determined that there is sufficient evidence to
suggest that the Settlement might be fair, reasonable and adequate. Any final determination of
those issues will be made at the Final Approval Hearing.
Summary of the Settlement
Defendant has agreed to pay up to $6,750,000.00 (“Gross Settlement Fund”) to resolve all claims
that were or could have been asserted in the Action, as more specifically described in the release
of claims described below. If approved, the Settlement will distribute money as follows:
Settlement Awards to Settlement Class Members: Settlement Class Members will be
paid their pro rata share of the Net Settlement Fund, calculated as follows: The Settlement
Administrator will calculate the total number of Training Days attended by all Settlement Class
Members. The Settlement Administrator will then divide the Net Settlement Fund by the total
number of Settlement Class Member Training Days, resulting in a per Training Day value. The
Settlement Administrator will then take the Training Day value and multiply it by the number of
Training Days attended by each Settlement Class Member. In the event a Settlement Class
Member is a member of both the FLSA Collective Action Class and a FRCP 23 Class, the
number of Training Days attended by the Settlement Class Member will only be counted once.
The Settlement Administrator will mail checks to all the Settlement Class Members (those who
do not elect to exclude themselves from the Settlement as permitted and described below), in
payment of their Settlement Awards. You do not have to submit a claim of any kind if you wish
to receive your Settlement Award. The Settlement Award checks will be mailed after the
Effective Date of the Settlement, which is anticipated to occur in approximately October 2016.
A Settlement Class Member’s Settlement Award check will be valid and negotiable for 180 days
from the date of its issuance, after which the check will be void and the Settlement Class
Member will have no further rights to a Settlement Award although he or she will remain bound
by the terms of the Settlement of the Action, including his or her release of all Released Claims
and agreement not to sue any of the Released Parties on any of the Released Claims. Settlement
Class Members will be responsible for the payment of all federal, state and local income taxes
due on their Settlement Awards, if any taxes are due.
“Net Settlement Fund” means the Gross Settlement Fund less the Fee and Expense Award, the
Service Awards and the Settlement Administration Costs, all of which are described below.
“Training Days” means the number of days, which will be one, two or three days (each assumed
to be five hours), a Class Member attended Defendant’s Initial Training Program.
Page 4
If you have questions, contact the Settlement Administrator at [mailing address], [e-mail
address], [phone number] or [fax number].
EXHIBIT A (Revised)
pa-1733334

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Fee and Expense Award for Plaintiffs’ Counsel: Upon approval by the Court,
Defendant will pay attorneys’ fees and out-of-pocket costs/expenses to Plaintiffs’ Counsel
(Marlin & Saltzman, LLP and Diversity Law Group, A Professional Corporation). The
Settlement permits Plaintiffs’ Counsel to request up to $2,247,750.00 (1/3 of the Gross
Settlement Fund) as their fees for prosecuting this case and up to $181,000.00 as reimbursement
for their costs/expenses incurred in the Action. At the Final Approval Hearing, the Court will
decide what amount of fees and costs/expenses will be approved. You are not personally
responsible for any of Plaintiffs’ Counsel’s attorneys’ fees or costs/expenses.
Other Payments: The Settlement provides for the payment of Service Awards not to
exceed $50,000.00 in the aggregate ($10,000.00 for each Named Plaintiff), subject to approval
by the Court. At the Final Approval Hearing, the Court will decide what amount of Service
Awards will be approved. The Settlement further provides for the payment of Settlement
Administration Costs not to exceed $325,000.00 for the Settlement Administrator’s services in
administering the Settlement, subject to approval by the Court.
What are my rights and options?
1.
You can exclude yourself from the Settlement: If you do not want a Settlement
Award and do not want to be bound by any of the Settlement’s terms, you must make a timely
written Request for Exclusion by completing and personally signing the enclosed Request for
Exclusion form and mailing it to the Settlement Administrator at the following address:
____________________. Your Request for Exclusion must be postmarked by [Date 45 days
after mailing of Class Notice]. You should not request to be excluded if you wish to receive
money from the Settlement.
2.
You can object to the Settlement: You can ask the Court to deny approval by
filing a written objection. You cannot ask the Court to order a larger or different settlement; the
Court can only approve or deny the settlement presented to it by the Parties. If the Court denies
approval, no Settlement Payments will be sent out and the Action will continue. If that is what
you want to happen, then you must object.
You must object to the proposed Settlement in writing. You may also appear at the Final
Approval Hearing, either in person or through your own attorney. If you appear through your
own attorney, you are responsible for paying that attorney. All written objections and supporting
papers must (a) clearly identify the case name and number (Woods et al. v. Vector Marketing
Corporation, Case Number 14-CV-00264-EMC), (b) be submitted to the Court either by mailing
them to the United States District Court for the Northern District of California, located at 450
Golden Gate Avenue, Courtroom 5, San Francisco, California 94102, or by filing them in person
at any location of the United States District Court for the Northern District of California, and (c)
be filed or postmarked on or before [Date 45 days after the mailing of the Class Notice].
You may object to the Settlement only if you do NOT submit a Request for Exclusion.
Page 5
If you have questions, contact the Settlement Administrator at [mailing address], [e-mail
address], [phone number] or [fax number].
EXHIBIT A (Revised)
pa-1733334

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3.
You can do nothing: You can do nothing. If you do nothing, you will be bound
by the terms of the Settlement and you will receive a Settlement Award as described above,
subject to Court approval.
What claims am I releasing by participating in the Settlement?
In exchange for accepting the consideration given by Defendant in the Settlement, all Settlement
Class Members, including those who did not previously opt-in to the FLSA claims, shall be
deemed to have, and by operation of the Judgment finally approving the Settlement, shall have
expressly released, waived and discharged all Released Claims, as the term Released Claims is
defined in the following paragraph. By participating in the Settlement, Settlement Class
Members further agree not to sue or otherwise make a claim against any of the Released Parties
with respect to any of the Released Claims and shall, as of the date of the Court’s Final Approval
Order approving the Settlement, be enjoined from filing any actions, claims, complaints or
proceedings regarding the Released Claims with the United States Department of Labor Wage
and Hour Division or any agency having jurisdiction over the wage and hour laws of the states of
California, Florida, Illinois, Michigan and New York, or from initiating any other proceedings
against the Released Parties arising out of or relating to the Released Claims.
“Released Claims” means all claims and demands of every kind and nature, in law, equity or
otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
from or related to wages allegedly owed to a Class Member in connection with the Class
Member’s participation in Defendant’s Initial Training Program, including (without limitation)
all claims that were or could have been alleged in the Action, including (without limitation) all
claims for unpaid minimum, regular or overtime wages, restitution, injunctive or other equitable
relief, penalties, interest, costs and attorneys’ fees, based on any federal common or statutory law
or the common or statutory law of the states of California, Florida, Illinois, Michigan or New
York, including (without limitation) claims under the FLSA, 29 U.S.C. § 201 et seq., Cal. Lab.
Code §§ 201, 202, 203, 1194, 1197, 2698 et seq., Cal. Bus. & Prof. Code § 17200 et seq., Fla.
Stat. § 48.110, Fla. Const. Art. X § 24, 820 Ill. Comp. Stat. § 105 et seq., Mich. Comp. Laws
§§ 408.382, 408.384, 408.393, 408.394, 12 N.Y. Comp. Code R. & Regs. Part 142-2 et seq., and
2 N.Y. Lab. Law §§ 2, 191, 198, 650 et seq.
“Released Parties” means Defendant, all of Defendant’s past and present parent corporations,
subsidiaries and affiliates, and each of their respective past, present and future officers, directors,
employees, partners, shareholders and agents.
When is the next Court hearing?
A Final Approval Hearing will be held before the Honorable Edward M. Chen in Courtroom 5 of
the United States District Court for the Northern District of California, located at 450 Golden
Gate Avenue, San Francisco, California 94102, on _______________, 2016 at __:__ _.m. to
determine whether the Settlement is fair, reasonable and adequate and to approve the plan for
Page 6
If you have questions, contact the Settlement Administrator at [mailing address], [e-mail
address], [phone number] or [fax number].
EXHIBIT A (Revised)
pa-1733334

Formatted: Font: Bold

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payment of the Settlement Awards, Fee and Expense Award, Service Awards and Settlement
Administration Costs.
A motion for final approval of the Settlement should be on file with the Court no later than
_______________, 2016. A motion for approval of the requested Attorneys’ Fees,
Costs/Expenses and Service Awards, should be on file with the Court no later than
_______________, 2016. Both of these motions will be available for review at the Settlement
website, at www.xyz, after that date. The Final Approval Hearing may be continued without
further notice to Class Members. It is not necessary for you to appear at this hearing but you
may do so if you have timely filed an objection to the Settlement and wish to appear.
What if I need more information?
Capitalized terms in this Class Notice have the same meaning they are given in the Stipulation of
Settlement and Release (“Agreement”) executed by the settling Parties to this Action. For the
precise terms and conditions of the Settlement, you should consult the detailed Agreement and
the Preliminary Approval Order, which is also on file with the Court, and available for viewing
at the Settlement website, at www.xyz. If you have any questions, you can contact the
Settlement Administrator at [mailing address], [e-mail address], phone number] or [fax number].
You can also contact Plaintiffs’ Counsel listed below:
Stanley D. Saltzman
([e-mail])
Christina A. Humphrey
([e-mail])
MARLIN & SALTZMAN, LLP
29229 Canwood Street, Suite 208
Agoura Hills, California 91301
Telephone: [phone]
Facsimile: [phone]
PLEASE DO NOT CONTACT THE DISTRICT COURT FOR INFORMATION
ABOUT THIS SETTLEMENT
BY ORDER OF THE DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA

Page 7
If you have questions, contact the Settlement Administrator at [mailing address], [e-mail
address], [phone number] or [fax number].
EXHIBIT A (Revised)
pa-1733334

Case 3:14-cv-00264-EMC Document 275-3 Filed 06/28/16 Page 1 of 2

EXHIBIT 3
to
Third Revised Proposed Order Granting
Preliminary Approval of Class Action Settlement

EXHIBIT 3
to
Third Revised Proposed Order Granting
Preliminary Approval of Class Action Settlement

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(Printed on back of Class Member Check)

Case 3:14-cv-00264-EMC Document 275-4 Filed 06/28/16 Page 1 of 3

EXHIBIT 4
to
Third Revised Proposed Order Granting
Preliminary Approval of Class Action Settlement

EXHIBIT 4
to
Third Revised Proposed Order Granting
Preliminary Approval of Class Action Settlement

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(Inside Folded Postcard - Class Member Check)

By endorsing the enclosed settlement check, you are indicating your intention to consent to join the action entitled William Woods et al. v. Vector
Marketing Corporation, Case No. 14-CV-00264, such that your participation in the settlement includes a release of all the claims described on page 6
of the Notice of Settlement you received in this matter, including all FLSA claims.

Woods v. Vector Case 3:14-cv-00264-EMC Document 271-1 Filed 06/20/16 Page 25 of 25
Case 3:14-cv-00264-EMC Document 275-4 Filed 06/28/16 Page 3 3
c/o Simpluris, Inc.
P. O. Box 26170
Santa Ana, CA 92799-9834

Notice_Encoded

«Notice»

SIMID «SIMID»

«FirstName» «LastName»
«Address1» «Address2»
«City» «State» «Zip»

(Outside – Back of Folded Postcard)

PRESORTED
FIRST CLASS
U.S. POSTAGE
PAID
SIMPLURIS INC