Saechao v. Landry's, Inc., et al

Filing 154

STIPULATED FINAL JUDGMENT AND ORDER by Hon. William Alsup granting 152 Stipulation.(whalc1, COURT STAFF) (Filed on 9/7/2016)

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1 2 3 4 5 CARI A. COHORN (State Bar No. 249056) COHORN LAW 101 California Street, Suite 2710 San Francisco, California 94111 Telephone: (415) 993-9005 Fax: (415) 365-9650 Email: cohorn@cohornlaw.com 8 KATHARINE CHAO (State Bar No. 247571) CHAO LEGAL 1300 Clay Street, Suite 600 Oakland, California 94612 Telephone: (415) 738-5352 Fax: (415) 233-4859 Email: kathy@chaolegal.com 9 Attorneys for Plaintiff and the Class 6 7 10 IN THE UNITED STATES DISTRICT COURT 11 THE NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 MOUANG SAECHAO, individually and on behalf of all others similarly situated, Plaintiff, v. LANDRY’S, INC., a Delaware corporation, and McCORMICK & SCHMICK RESTAURANT CORP, a Delaware corporation, Case No. 3:15-CV-00815-WHA STIPULATED FINAL JUDGMENT AND [PROPOSED] ORDER Complaint filed: February 23, 2015 Defendants. 20 21 22 23 24 25 26 27 28 STIPULATED FINAL JUDGMENT AND [PROPOSED] ORDER Case No. 3:15-CV-00815-WHA DWT 30274567v1 0058864-000022 1 By Order dated August 19, 2016 (Dkt. No. 149), the Court granted final approval of the 2 Parties’ class action settlement and settlement under the Labor Code Private Attorneys General 3 Act of 2004, Cal. Labor Code § 2698 et seq. See Dkt. No. 141, Ex. A (the “Settlement” or the 4 “Settlement Agreement”). The Parties hereby stipulate that judgment be entered as follows: 5 1. This Judgment incorporates the terms of the Settlement, as modified by the Court’s 6 Order Granting in Part and Denying in Part Plaintiff’s Motion for Class Certification (Dkt. Nos. 98 7 and 121) and Order Granting Final Approval (Dkt. No. 149), by reference, and all terms defined in 8 the Settlement shall have the same meaning when used in this Judgment as they do in the 9 Settlement. 10 11 2. The Court certified the following classes (see Dkt. No. 98, entered 3/15/16, as amended 4/7/15, Dkt. No. 121): 12 • Meal Period Class: All hourly, non-exempt employees and former employees at Spenger’s Fresh Fish Grotto in Berkeley, California, who signed a meal-break waiver, who worked a shift of more than five hours but no more than six hours, who were not provided with an off-duty meal break of at least thirty minutes, and who were not paid premium pay for said un-provided meal break in accordance with Sections 226.7 and 512 of the California Labor Code and Paragraph 11 of IWC Wage Order No. 5-2001 from February 23, 2011, up to February 23, 2015. • Rest Period Class: All hourly, non-exempt employees and former employees at Spenger’s, who worked a shift of at least three and one half hours in length who were not provided with at least one ten-minute, off-duty rest break for every four hours worked or major fraction thereof, and who were not paid premium pay for said un-provided rest break in accordance with Section 226.7 of the California Labor Code and Paragraph 12 of IWC Wage Order No. 5-2001 from February 23, 2011, up to February 23, 2015. • Split Shift Class: All hourly, non-exempt employees and former employees at Spenger’s who worked multiple shifts in a single day separated by more than sixty minutes but not more than ninety minutes who were not paid premium pay for said split shifts in accordance with Paragraph 4(C) of IWC Wage Order No. 5-2001 from February 23, 2011, up to February 23, 2015. • Waiting Time Class: All hourly, non-exempt former employees at Spenger’s who resigned or were terminated between February 23, 2012, and February 23, 2015, and who are members of the meal-break, rest-break, and/or split shift classes. • Wage Statement Class: All hourly, non-exempt employees and former employees at Spenger’s who received live checks from Spenger’s that did not include the name and address of McCormick & Schmick Restaurant Corporation on a detachable form from February 23, 2014, up to February 23, 2015. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 \\\ 28 \\\ STIPULATED FINAL JUDGMENT AND [PROPOSED] ORDER Case No. 3:15-CV-00815-WHA DWT 30274567v1 0058864-000022 -1- 1 3. Upon the Effective Date of the Settlement, all Settlement Class Members identified 2 in Exhibit A to the Declaration of Jarrod Salinas in Support of Judgment, filed herewith and 3 attached to this Stipulation as Exhibit 1 (the “Salinas Declaration”)(i.e., all individuals 4 encompassed by the above class definitions, except those expressly excluded as stated in 5 paragraphs 4 and 5 below), shall have fully and finally released and discharged all Claims1 6 pursuant to Paragraph C.20 of the Settlement Agreement. 7 4. As set forth in the Salinas Declaration, the following individuals timely and validly 8 requested to be excluded from the Settlement Class and are therefore not included in or bound by 9 this Judgment: Stephanie Brown and Kevin Fortenberry. See Exhibit A, Salinas Declaration at 10 ¶2. These individuals are not entitled to any recovery from the Settlement Fund; nor have they 11 released any claims or potential claims against Defendant in connection with the Settlement. 12 5. As set forth in the Salinas Declaration, Class Notice could not be delivered to the 13 following individuals: Felton Chance, Bounleua Phrasavath, Sherri Rowton, Matthew McGee, 14 and Lonzell Walton. See Exhibit A, Salinas Declaration at ¶3. Accordingly, these individuals are 15 not included in or bound by this Judgment. They are not entitled to any recovery from the 16 Settlement Fund; nor have they released any claims or potential claims against Defendant in 17 connection with the Settlement. 18 19 6. The Claims are dismissed with prejudice and the Court enters Judgment pursuant to Federal Rule of Civil Procedure 58. 20 7. Except as otherwise specifically provided in the Settlement and Final Approval 21 Order, each party shall bear its own fees and costs. 22 \\\ 23 \\\ 24 \\\ 25 \\\ 26 \\\ 27 28 “Claims” as defined by the Settlement (¶ B.1) means “(a) all claims the Court certified in its March 15, 2016 order, as amended on April 7, 2016, and (b) all claims by Class Members for PAGA penalties arising out of the allegations in the first amended complaint filed March 26, 2015.” 1 STIPULATED FINAL JUDGMENT AND [PROPOSED] ORDER Case No. 3:15-CV-00815-WHA DWT 30274567v1 0058864-000022 -2- 1 8. Without affecting the finality of this Judgment, the Parties agree that the Court 2 retains continuing and exclusive jurisdiction over the implementation of the Settlement and 3 distribution of funds to Class Members and over all Parties until all acts required by the Settlement 4 Agreement have been performed. The Court additionally retains exclusive jurisdiction over the 5 parties to enforce the terms of the Settlement. 6 7 IT IS SO STIPULATED. Dated: August 31, 2016 COHORN LAW 8 9 By:_________/s/_Cari A. Cohorn________ Cari A. Cohorn Attorneys for Plaintiff and the Class 10 11 12 13 Dated: August 31, 2016 DAVIS WRIGHT TREMAINE LLP 14 By:_________/s/ Tracy Thompson_______ Tracy Thompson Attorneys for Defendant McCormick & Schmick Restaurant Corp. 15 16 17 18 19 20 [PROPOSED] ORDER 21 22 Pursuant to Stipulation of the parties, JUDGMENT IS HEREBY ENTERED ON THE TERMS SET FORTH ABOVE. 23 IT IS SO ORDERED. 24 25 Dated: September 7, 2016. 26 _____________________________________ The Honorable William Alsup United States District Court Judge 27 28 STIPULATED FINAL JUDGMENT AND [PROPOSED] ORDER Case No. 3:15-CV-00815-WHA DWT 30274567v1 0058864-000022 -3- EXHIBIT A Class Members bound by Judgment LastName Abughosh Alesna Alston Alvarez Olivera Amaro Arayaselessie Atsaphanthong Aubrey Augustus Bailey Barragan Basnet Bejarano Blair Blanchard Bolibol Bonilla Boutte Briggs Brooks Kakos Carlson Casimiro Castillo Cezario Chrisman Cisneros Garcia Clark Connor Coogan Cortez Crowder Curie Cush Damo Dangelo De Palma Del Cid Delcid FirstName Carmen Jacob Jazmin Silvia Viridiana Selome Ponochanh B Luquan Sean Ralph Andres Suraksha Octavio Donita Dayana Ferdinand Yimi Frederick Tinia Aquanetta Michelle Rodulfo Edward Christie Christina Apolinar Emily Ryan Chris Amanda C Timothy Donovan Zachary Garen Lorraine Brian Janell Carlos Dennis Dicker Diestra Douglas Dowell Dowling Dunbar Dunbar Duran Ellison Escalera Pasillas Estrada Ferguson Mealley Filoteo Finnegan Fitzsimons Flores Foote Fox Calderon Fraas Gancheff Garavito Garbarino Garcia Garcia Garcia Gately Getty Getty Goldstein Gomes Gomez Cardona Haack Hassan Hayes Henriquez Henriquez Hildreth Holmes Hopkins Horton Aaron Saskia Ruben Phil Donnell Patrick Ashley Courtney Carlos Gino Cesar Fernando Jonathan Leopoldo Hannah Christopher Carlos Sandra Pilar Karin Jennifer Alma Ashley Gilberto Hector I Rafael Barbara Andrea Linda Hana Elizabeth Fosty Melquis and Mauricio Phillip Hanier Neil Gonzalo Yoni Jeff H Theodore J John Brianna Howard Huynh Jamison Jimenez Jimenez Johnson Johnson Jones Jurachich Kairn Kangas Ke Kessler Keys Kilcrease Kirk Labe Land Lara Laugel Lehman Lehr Leonard Limary Lindstrom Lipski Luangrath Macaraeg Mackey Manandhar Manfre Manouphath Marshall Martin Mateos Maxim Mcburnie Mccabe Mcclendon Mcdowell Mcintyre Amanda Jimmy Margaret Arnulfo Catalina Adam Christine Dreamius Jessica Tess Carey Koni Lorraine Laura Breanna Kayla Allison James Stevey Daniel Geoffrey Joni Christopher Clayton Leilani Aaron Jonathon Eric Rogelio Daniel Yudheer Stephanie Anne Diana Skye George M Lisa Shannon John Leandrius Keith Joseph Mendoza Meza Meza Miller Miller Mitchell Mitchell Mobley Montano Montano Montgomery Motter Muzaffar Mymala Orejudos Ortega Osorio Pamute Pappa Pare Jr Parham Parker Pasillas Pellow Perez Bibiano Persons Jr Peterson Phaphonxay Phat Phrasavath Pineda Prososki Rader Ray Recinos Rhys Richards Rivera Robinson Rockett Rodriguez Roger Alonso Daniel Maxfield Wendy Maudelle Tashell Ronald Damian Trinidad Louis Katie Rumeena Khamseng Donald Vanessa Leonell Allan Katherine Modesto Levon Joel Daniel Stacy Tomas Rickey Mitchell Lily Chansamone Kevin Manuel Ashley Trevor James Rigoberto Derek Gable Nicolas Arestes Danielle Juan Rodriguez Lopez Roeder Rosas Ruma Sabino Trifito Saechao Saechao Salazar Salazar Salinas Sanchez Scavo Shapiro Shearer Sibrian Simms Singh Soto Spoden Srisayat Stahl Standley Stenquist Stetco Talavera Tocol Toettcher Tramble Upshur Valdez Valencia Valenzuela Van Hook Vergara Washington Watson Webster Wells Williams Williams Wilson Alfonso Steve Arturo Dominic Bardales David Mouang Fernando Ruben Norma Nixon Veronica Braxton Lucas Henry Phillip Ranjeeta Eddy Sarah Lisa Jeffrey Cadence Emily Anamaria Mario Ruel Alex Wesley Keyanna Angel Patricia Carolina Marcus Nayeri Larry Sean Jason Ericka Monique Sombryn Bianca Wise Woods Worley Ybanez Young Zarate Serrano Zdybel Paul Kendra Mary Ricardo Clemon German Brad

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