Horowitz v. Skywest Airlines, Inc.

Filing 87

ORDER GRANTING PLAINTIFF'S MOTION FOR APPROVAL OF PRIVATE ATTORNEYS' GENERAL ACT ("PAGA") SETTLEMENT. Signed by Judge Maxine M. Chesney on May 10, 2024 (mmclc3, COURT STAFF) (Filed on 5/10/2024)

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UNITED STATES DISTRICT COURT

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NOTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO

COHELAN KHOURY & SINGER
605 C Street, Suite 200
San Diego, CA 92101

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GREGORY HOROWITZ, on behalf of
himself and all others similarly situated
Plaintiff,

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v.
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SKYWEST AIRLINES, INC., a Utah
Corporation; and DOES 1 Through 10,
inclusive,
Defendants.

Case No. 21-CV-04674-MMC
REPRESENTATIVE ACTION
[PROPOSED] ORDER GRANTING
PLAINTIFF’S MOTION FOR APPROVAL
OF PRIVATE ATTORNEYS’ GENERAL
ACT (“PAGA”) SETTLEMENT
Date:
Time:
Ctrm:
Judge:

April 26, 2024
9:00 a.m.
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Hon. Maxine M. Chesney

Complaint filed:
Removal date:
Trial date:

March 22, 2021
June 17, 2021
Not set

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[Proposed] Order Granting Plaintiff’s Motion for Approval of PAGA Settlement
Case No. 21-CV-04674-MMC

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Pursuant to the Motion for an Order Granting Approval of Private Attorneys’ General

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Act (“PAGA”) Settlement submitted by Plaintiff Gregory Horowitz (“Motion”), and having

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considered the Motion, all legal authorities and documents submitted in support, Declarations of

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Jeff Geraci, Emil Davtyan, and Gregory Horowitz and attached exhibits, including the

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Individual and PAGA Settlement Agreement (“Settlement Agreement”), and good

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cause appearing, IT IS ORDERED that the Motion is GRANTED, as follows:

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1.

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a.

The Court orders 75% of the PAGA Fund, $294,556.50, be paid to the

California Labor and Workforce Development Agency as PAGA penalties;

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COHELAN KHOURY & SINGER
605 C Street, Suite 200
San Diego, CA 92101

The Court approves the Gross Settlement Amount of $650,000.00;

b.

The Court orders 25% of the PAGA Fund, $98,185.50, be paid to the

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Aggrieved Employees in pro rata shares based on the number of pay periods worked from

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March 6, 2020 to the earlier of, the date the Court approves the Settlement, or May 3, 2024, as

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PAGA penalties.

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2.

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and D.Law, Inc., attorneys’ fees of $195,000.00 and litigation costs of $19,092.00.

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3.

The Court approves and awards $10,000.00 to Plaintiff Gregory Horowitz for his

service as the PAGA representative and in exchange for executing a general release.

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The Court approves and awards Plaintiff’s Counsel, Cohelan, Khoury & Singer,

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The Court approves and awards $11,500.00 to the Administrator, Xpand Legal,

for expenses incurred in the administration of the Settlement.

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5.

If any Aggrieved Employee fails to negotiate a settlement check within 180

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calendar days after mailing, Xpand Legal will send the amount of the settlement check

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to the California State Controller Unclaimed Property Fund in the employee’s name.

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IT IS SO ORDERED.

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Dated:

May 10

, 2024
Honorable Maxine M. Chesney
Judge of the United States District Court

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-1[Proposed] Order Granting Plaintiff’s Motion for Approval of PAGA Settlement
Case No. 21-CV-04674-MMC