Dalchau et al v. Fastaff, LLC et al

Filing 107

ORDER GRANTING FINAL APPROVAL AND AWARD OF ATTORNEYS' FEES AND COSTS. Signed by Judge William H. Orrick on 10/18/2019. (jmdS, COURT STAFF) (Filed on 10/18/2019)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

STEPHANIE DALCHAU, et al.,
Plaintiffs,

8
v.

9
10

FASTAFF, LLC, et al.,
Defendants.

11

United States District Court
Northern District of California

Case No. 17-cv-01584-WHO
ORDER GRANTING FINAL
APPROVAL AND AWARD OF
ATTORNEYS' FEES AND COSTS
Re: Dkt. Nos. 104, 105

12
13

On October 16, 2019, the Court held a hearing on parties’ motion for final approval of

14

their Joint Stipulation of Class and Collective Action Settlement (“Class and Collective

15

Settlement”). In compliance with the Preliminary Approval Order, class members have been

16

given adequate notice. There were no objections submitted to the Class and Collective

17

Settlement, and no one other than counsel for the parties appeared at the hearing.

18

Having considered the Class and Collective Settlement, the supporting papers filed by the

19

parties, the application for final approval of the settlement, the application for an award of Class

20

Counsel’s attorneys’ fees and reimbursement of costs, the application for service awards for the

21

Class Representatives, the request for reimbursement of the costs of the Settlement Administrator,

22

and the evidence and argument received by the Court at the Final Approval Hearing on October

23

16, 2019, I GRANT final approval of the settlement, and ORDER as follows:

24

1.

The Court hereby enters Judgment and grants final approval of the Class and

25

Collective Settlement and finds that it is fair, reasonable, and adequate and satisfies the standards

26

for final approval of a class and collective settlement under federal law. The parties shall fulfill

27

the terms of the Class and Collective Settlement. The classes covered by this Order are defined as

28

follows:

FLSA Collective: All individuals who, at any time within three years
prior to the date of conditional certification, worked an assignment
pursuant to an Assignment Agreement Letter with Fastaff, LLC,
during which they received a housing stipend or in-kind housing,
worked in excess of 40 hours in one or more workweeks, and had the
value of their housing benefit excluded from their regular rate for
purposes of calculating overtime
Rule 23 Class: All individuals, except for those who worked
exclusively on or after November 16, 2017 and received in-kind
housing, who, at any time from March 25, 2013 through the date of
certification, worked in California pursuant to an Assignment
Agreement Letter with Fastaff during which they received a housing
stipend or in-kind housing, received overtime pay, and had the value
of the housing benefit excluded from their regular rate for purposes
of calculating overtime pay.

1
2
3
4
5
6
7
8
2.

The Class and Collective Settlement and this Judgment shall be binding on (1) the

9
990 individuals who joined the FLSA Collective and (2) all individuals falling within the
10
definition of the Rule 23 Class certified by this Court on April 9, 2018 with the exception of only
11

United States District Court
Northern District of California

those 24 individuals who timely requested exclusion from the certified class. See Declaration of
12
Settlement Administrator [Dkt. No. 98-6] 15–36, 43; Class Certification Order [Dkt. No. 74]. As
13
of the Effective Date, the Released State Law Claims of every Settlement Class Member who is
14
15
16
17
18
19
20
21
22
23
24
25
26
27

also a Class Member is and shall be deemed to be conclusively released against the Defendants
and Released Parties. As of the Effective Date, the Released Federal Law Claims of every
Settlement Class Member who is not a FLSA Collective Action Member and who cashes or
deposits the check representing payment for Compensable FLSA Overtime Hours is and shall be
deemed to be conclusively released against the Defendants and Released Parties. As of the
Effective Date, the Released Federal Law Claims of every Settlement Class Member who is also a
FLSA Collective Action Member, whether or not they cash or deposit the check representing
payment for Compensable FLSA Overtime Hours, is and shall be deemed to be conclusively
released against the Defendants and Released Parties.
3.

The notice of the Class and Collective Settlement and notice methodology

implemented by the parties following the Order granting preliminary approval of the Class and
Collective Settlement (i) was the best practicable notice under the circumstances; (ii) was
reasonably calculated, under the circumstances, to apprise the FLSA Collective and the Rule 23
Class of the pendency of the proposed settlement, their right to object to the proposed settlement,

28
2

1

and their right to appear at the final fairness hearing; (iii) was due, adequate and sufficient notice

2

to all persons entitled to receive notice; and (iv) complied fully with applicable law.

3

4.

The Court approves class counsel’s attorneys’ fees in the amount of $916,666.66

4

and reimbursement of class counsel’s litigation expenses in the amount of $27,753.14, which shall

5

be paid in accordance with the terms of the Class and Collective Settlement.

6

5.

The Court approves service awards to Plaintiffs Stephanie Dalchau and Michael

7

Goodwin in the amount of $10,000 each, which shall be paid in accordance with the terms of the

8

Class and Collective Settlement.

9

6.

The Court approves settlement administration fees and expenses to CPT Group,

Inc. in the amount of $42,000, which shall be paid in accordance with the terms of the Class and

11

United States District Court
Northern District of California

10

Collective Settlement.

12

7.

Within 21 days after distribution of all payments owing under the Class and

13

Collective Settlement, Plaintiffs shall file a post-distribution accounting in accordance with the

14

Procedural Guidance for Class Action Settlements found on the Court’s website

15

(www.cand.uscourts.gov/ClassActionSettlementGuidance).

16

8.

This document shall constitute final judgment for the purpose of Rule 58 of the

17

Federal Rules of Civil Procedure. Without affecting the finality of this matter, this Court shall

18

retain jurisdiction over this action and the parties for purposes of enforcing the terms and

19

conditions of the Class and Collective Settlement.

20
21
22

IT IS SO ORDERED.
Dated: October 18, 2019

23
24
William H. Orrick
United States District Judge

25
26
27
28
3