Gomez v. Elite Labor Services Weeklys, Ltd. et al

Filing 112

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
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