Williams v. City of Berkeley

Filing 22

ORDER RE: SUPPLEMENTAL SUBMISSIONS ON MOTION FOR APPROVAL OF SETTLEMENT OF FLSA CLAIMS Re: Dkt. No. 21. Signed by Judge Nathanael M. Cousins on 1/13/15. (nclc2, COURT STAFF) (Filed on 1/13/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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11 JAMAL WILLIAMS,

Case No. 14-cv-01830 NC

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ORDER RE: SUPPLEMENTAL
SUBMISSIONS ON MOTION FOR
APPROVAL OF SETTLEMENT OF
FLSA CLAIMS

Plaintiff,

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v.

14 CITY OF BERKELEY,

Re: Dkt. No. 21

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Defendant.

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Plaintiff Jamal Williams and defendant City of Berkeley move jointly for an order

18 approving the settlement of plaintiff’s FLSA claims and dismissing, with prejudice,
19 plaintiff’s claims against defendant. Dkt. No. 21. The motion is set for hearing on
20 February 11, 2015. By January 23, 2015, the parties must file the following:
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1. A declaration supporting the factual contentions in the joint motion, and any

22 supplemental briefing, such as the factual assertions made about the value of plaintiff’s
23 FLSA claims. Civ. L.R. 7-5(a) (“Factual contentions made in support of or in opposition to
24 any motion must be supported by an affidavit or declaration and by appropriate references
25 to the record.”).
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2. An explanation of how the settlement amount is allocated between the FLSA and

27 non-FLSA claims and why such allocation is a fair and reasonable resolution of the FLSA
28 claims.
Case No. 14-cv-01830 NC
ORDER RE: SUPPLEMENTAL
SUBMISSIONS

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3. An explan
nation of wh the Cour should ap
hy
rt
pprove as fa and reasonable a
air

ions, subsid
ent
A
at
“
nd
diaries, affil
liates,
2 settleme of FLSA claims tha releases “the City, an its divisi
,
d
es,
y
aims, dema
ands, and ca
auses of acti of
ion
3 officers, agents, and employee from any and all cla
ind,
wn,
ort,
t,
ce,
4 every ki known or unknow whether based on to contract negligenc
ination, repr
risal, or any other lega theory of recovery, i
y
al
f
including w
without limit
tation
5 discrimi
ederal or St statute, City ordina
tate
ance, comm law, or the Constit
mon
r
tution of the
6 under Fe
S
f
f
way
ff’s]
yment
7 United States or of a State, arising out of or in any w related to [plaintiff employ
e
kt.
t
L
ga
86
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8 with the City.” Dk No. 21 at 8-9. See Luo v. Zyng Inc., No. 13-cv-0018 NC, 201 WL
,
D.
M
haplin v. Fr
ranklin Am. Mortgage Co.,
.
9 457742, at *3 (N.D Cal. Jan. 31, 2014); McKeen-Ch
cv-5243 SB 2012 WL 6629608 at *5 (N.D Cal. Dec 19, 2012)
BA,
W
8,
D.
c.
).
10 No. 10-c
0

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IT IS SO OR
T
RDERED.

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Date: January 13, 2015
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____
__________
__________
____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 14-cv-0183 NC
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ORDER RE: SUPPL
R
LEMENTAL
L
SUBMIS
SSIONS

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