Gomez v. Elite Labor Services Weeklys, Ltd. et al
Filing
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JUDGMENT. Signed by Judge Maxine M. Chesney on May 10, 2024. (mmclc1, COURT STAFF) (Filed on 5/10/2024)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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11 FERNANDO GOMEZ, on behalf of himself,
all others similarly situated,
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Plaintiff,
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v.
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ELITE LABOR SERVICES WEEKLYS,
15 LTD, an Illinois corporation; ELITE
STAFFING, INC., an Illinois corporation;
16 SOUTHLAND EMPLOYMENT SERVICES,
INC., a California corporation; and DOES 1
17 through 50, inclusive,
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Case No. 3:21-cv-03860-MMC
[PROPOSED] JUDGMENT
Complaint Filed: 2020-02-03
Trial Date:
None
District Judge:
Hon. Maxine M. Chesney
Courtroom 7, San Francisco
Defendants.
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Case No. 3:21-cv-03860-MMC
[PROPOSED] JUDGMENT
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FINAL JUDGMENT
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Plaintiff commenced this action by filing his complaint and Defendant Elite Labor Services
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Weeklys, Ltd. consented to the entry of Judgment without trial or adjudication of any issue or fact
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or law raised in Plaintiff’s operative Sixth Amended Complaint, and without the judgment
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constituting any evidence against or an admission by Defendant Elite Labor Services Weeklys, Ltd.
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with respect to any allegation of the operative Sixth Amended Complaint.
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Now, therefore, before the taking of any testimony and without trial or adjudication of any
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issue of fact or law raised in Plaintiff’s operative Sixth Amended Complaint, the parties hereto
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stipulate to entry of judgment on the following terms:
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This Court has jurisdiction of the subject matter of this action and of each of the remaining
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parties to this action. The operative Sixth Amended Complaint states a claim for violation
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of California Labor Code section 226 as to Plaintiff individually upon which relief can be
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granted against the Defendant Elite Labor Services Weeklys, Ltd.
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This final judgment applies to Defendant Elite Labor Services Weeklys, Ltd. and its
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successors and assigns.
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Judgment is hereby entered in favor of Plaintiff, Fernando Gomez, and against Defendant
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Elite Labor Services Weeklys, Ltd., pursuant to California Labor Code section 226, and in
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accordance with the Stipulation of the parties, as follows:
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a.
This judgment is a full, complete, and final disposition, judgment, and settlement of
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Plaintiff’s First Cause of Action in his Sixth Amended Complaint, as asserted on
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behalf of Gomez individually.
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b.
Defendant Elite Labor Services Weeklys, Ltd. will pay Plaintiff $1,050, in full
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satisfaction of Plaintiff’s claim for damages and/or penalties for violation of
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California Labor Code section 226, as asserted on behalf of Gomez individually.
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c.
Defendant Elite Labor Services Weeklys, Ltd. will pay Plaintiff $40,000 in full
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satisfaction of Plaintiff’s claim for attorney’s fees and costs incurred prosecuting his
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claim for violation of California Labor Code section 226, as asserted on behalf of
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Plaintiff individually.
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[PROPOSED] JUDGMENT
Case No. 3:21-cv-03860-MMC
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d.
Defendant Elite Labor Services Weeklys, Ltd. will not be liable for, and will not be
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required to pay, any amount or amounts beyond those set forth in sub-paragraphs (b)
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and (c), above, with respect to Plaintiff’s claim for violation of California Labor
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Code section 226 in his Sixth Amended Complaint, as asserted on behalf of Plaintiff
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individually. Nor shall Plaintiff be entitled to, or Defendant Elite Labor Services
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Weeklys, Ltd. required to provide, any other form of relief to satisfy his claim for
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violation of California Labor Code section 226 in his Sixth Amended Complaint, as
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asserted on behalf of Plaintiff individually
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e.
This judgment will not preclude either party from disputing or litigating any factual
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or legal issue between the parties in subsequent litigation between them, other than
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(i) Defendant Elite Labor Services Weeklys, Ltd.’s liability to Plaintiff for violation
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of California Labor Code section 226, as alleged in Plaintiff’s First Cause of Action
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in his Sixth Amended Complaint, limited to Plaintiff individually, and (ii) the
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amounts due to Plaintiff, as set forth in sub-paragraph (b), above, and/or his
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attorneys, as set forth in sub-paragraph (c), above for violation of California Labor
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Code section 226, as alleged in Plaintiff’s First Cause of Action in his Sixth
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Amended Complaint, limited to Plaintiff individually. Except for the relief offered
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in this judgment, Plaintiff expressly agrees to bear his own costs and attorneys’ fees.
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Nothing in this judgment shall be given preclusive effect in any subsequent
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litigation concerning any other issue of fact or law, as the factual and/or legal issues
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underlying a finding of liability were not actually litigated and determined. This
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Stipulation will also not be used to argue that Plaintiff has no injury or is not a
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typical or adequate representative for the section 226 claim. For the avoidance of
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doubt, Defendant Elite Labor Services Weeklys, Ltd. expressly reserves the right to
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argue and prove in subsequent litigation that (i) it, and/or other entities under
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common control did, in fact, provide written wage statements to Plaintiff and other
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non-exempt employees in California in the manner required by law, (ii) those wage
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[PROPOSED] JUDGMENT
Case No. 3:21-cv-03860-MMC
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statements complied with all requirements of California Labor Code section 226,
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and other applicable laws.
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IT IS SO ORDERED.
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May 10, 2024
DATED: _____________________
__________________________________________
Hon. Maxine M. Chesney
United States District Judge
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Case No. 3:21-cv-03860-MMC
[PROPOSED] JUDGMENT
58816423.v5-OGLETREE
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