Landucci v. Freeman Expositions, LLC

Filing 98

ORDER regarding error in calculating median as reported in 95 Post-Distribution Accounting and 97 Joint Statement. Signed by Chief Magistrate Judge Joseph C. Spero on January 17, 2023. (jcslc2, COURT STAFF) (Filed on 1/17/2023)

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Case 3:19-cv-07573-JCS Document 98 Filed 01/17/23 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TERESA LANDUCCI, Plaintiff, 8 FREEMAN EXPOSITIONS, LLC, et al., Re: Dkt. No. 97 Defendants. 11 United States District Court Northern District of California ORDER REGARDING ERROR IN CALCULATING MEDIAN v. 9 10 Case No. 19-cv-07573-JCS 12 13 The Court previously ordered the parties to further explain the settlement administrator’s 14 calculation of a $39.99 mean payment to class members and a $218.00 median payment to class 15 members. See dkt. 96. In a joint statement filed in response to that order, the parties report that each Rule 23 16 17 settlement class member received a fixed payment of $218.00, each PAGA beneficiary received a 18 fixed payment of $3.38, and individuals who were members of both groups therefore received 19 $221.38. Joint Statement (dkt. 97) at 2. The parties explain that in calculating the mean, “the 20 administrator took the total amount of payments and divided that amount by the total number of 21 individuals receiving payments,” id., which is a procedurally sound method of determining that 22 value. 23 As for the median, however, the parties report that “[s]ince there were only three payment 24 amounts ($3.38, $218.00, and $221.38), the median payment was $218.00.” Id. That explanation 25 reflects a misunderstanding of the nature of a median. The parties are correct that the “[m]edian 26 refers to the midpoint of payments,” id., but it refers to the midpoint of the set of all payments, not 27 of the three unique values in that set. See Oxford English Dictionary, “Median,” 28, (definition 3, pertaining to statistics: “A quantity, term, Case 3:19-cv-07573-JCS Document 98 Filed 01/17/23 Page 2 of 2 1 or value that is the midpoint of a set of values, such that the variable has an equal probability of 2 falling above or below it; the middle term of a discrete series arranged in order of magnitude (or, if 3 there is no middle term, the mean of the middle two terms)”). Since more than half of the 4 payments in this case were for $3.38, if all payments were listed in order of magnitude, the 5 payment at the midpoint would be for $3.38, which is the median. See generally James T. 6 McClave et al., Statistics for Business and Economics 65–67 (14th ed. 2022) (providing a sample 7 calculation where a dataset includes two identical values, which are listed separately). 8 9 10 United States District Court Northern District of California 11 12 13 14 Because the true value of the median is apparent from the record, no further filings are necessary to correct this error. The settlement administrator and counsel for both parties are admonished to be mindful of this issue in future cases. IT IS SO ORDERED. Dated: January 17, 2023 ______________________________________ JOSEPH C. SPERO Chief Magistrate 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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