Jones v. CertifiedSafety, Inc.

Filing 210

ORDER re 206 Supplemental Briefing and/or Evidence. Signed by Judge Edward M. Chen on 12/12/2019. (emclc2, COURT STAFF) (Filed on 12/12/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HAROLD JONES, et al.,

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Plaintiffs,

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CERTIFIEDSAFETY, INC.,

Docket No. 206

Defendant.

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United States District Court
Northern District of California

ORDER RE SUPPLEMENTAL
BRIEFING AND/OR EVIDENCE

v.

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Case No. 17-cv-02229-EMC

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The Court has reviewed Plaintiffs’ motion for preliminary approval. Based on that review,

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it orders the parties to file supplemental briefing and/or evidence on the issues identified below.

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The parties shall provide a joint submission to the Court. Where fewer than all parties take a

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position, the joint submission may reflect such. The joint submission shall be filed by December

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19, 2019.

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1.

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How did Plaintiffs arrive at the conclusion that the California PAGA claim was

worth approximately $6.8 million? See Mot. at 12.
2.

Why does the California class include individuals who attended pre-employment

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training? Why do the classes for the other jurisdictions not include such individuals? See Mot. at

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13; Sett. Agmt. ¶ 2.46.

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3.

Do the parties have a sense of how long checks will be maintained by each state’s

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Unclaimed Property Division (or other such similar agency)? Did the parties discuss a cy pres

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beneficiary as an alternative?

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4.

Was any discovery, formal or informal, taken with respect to any refinery? Was

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any discovery, formal or informal, taken with respect to the alleged joint employer relationships

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between CS and the various refineries?

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What is the estimated lodestar with respect to attorney’s fees? Plaintiffs shall also

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provide the Court with the underlying information used to calculate the lodestar – i.e., the hourly

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rates and the number of attorney and/or nonattorney hours (estimates are acceptable). In addition,

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Plaintiffs shall provide estimates as to many hours were spent on the major litigation tasks (e.g.,

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the complaint, motion work, discovery (formal and informal), settlement, etc.).

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The parties shall review the District’s Procedural Guidance for Class Action

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Settlements, available at https://cand.uscourts.gov/forms/procedural-guidance-for-class-action-

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settlements/. The parties shall provide all information required by the Procedural Guidance, not

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already included in their motion.
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United States District Court
Northern District of California

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With respect to the class/collective notices, the Court has the following comments.

Form A.

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member will be paid if he/she participates.

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Page 2. In Question 2, the text should clarify that a member who makes an
objection is still a part of the class (not excluded).

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Page 1. The first paragraph in the notice should include an estimate as what a

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Page 3. In Question 4, the text should include the specific dollar amounts for all

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deductions from the gross settlement fund, including but not limited to the

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attorney’s fees and incentive awards.

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employment training.

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Page 3. In Question 4, the definition of the California class does not refer to pre-

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Page 5. In Question 6, should the member be told that cashing a settlement check

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will result in a release of both the state law claims and the FLSA claim, even if the

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member did not opt into the FLSA collective? Or alternatively, should there be a

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reference to the text in Question 7 (where this information does appear)?

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Pages 9-10. In Question 8, the text should clarify that a member who makes an

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objection is still a part of the class (not excluded) – thus, e.g., if the Court rejects

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the objection, the member will still be issued a check.

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Form B.
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member will be paid.

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Page 1. The first paragraph in the notice should include an estimate as what a

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Page 3. In Question 4, the text should include the specific dollar amounts for all

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deductions from the gross settlement fund, including but not limited to the

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attorney’s fees and incentive awards.

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Page 4. In Question 5, more information should be provided about the weighting
of settlement shares.

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Form C.

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member will be paid.

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United States District Court
Northern District of California

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Page 2. In Question 2, the text should clarify that a member who makes an
objection is still a part of the class (not excluded).

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Page 1. The first paragraph in the notice should include an estimate as what a

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Page 3. In Question 4, the text should include the specific dollar amounts for all

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deductions from the gross settlement fund, including but not limited to the

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attorney’s fees and incentive awards.

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employment training.

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Page 4. In Question 4, the definition of the California class does not refer to pre-

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Pages 9-10. In Question 8, the text should clarify that a member who makes an

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objection is still a part of the class (not excluded) – thus, e.g., if the Court rejects

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the objection, the member will still be issued a check.

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IT IS SO ORDERED.

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Dated: December 12, 2019

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______________________________________
EDWARD M. CHEN
United States District Judge

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