Austin et al v. Foodliner, Inc.

Filing 63

JUDGMENT. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 6/12/2019. (ndrS, COURT STAFF) (Filed on 6/12/2019)

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HUNTER PYLE (SBN 191125)
CHAD SAUNDERS (SBN 257810)
HUNTER PYLE LAW
428 Thirteenth Street, Eleventh Floor
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail];
[e-mail]
Attorneys for Plaintiffs RONDA AUSTIN,
CHRISTOPHER CORDUCK, ERNEST DIAL,
BILLY WAYNE GIBSON and BOBBY G. SMITH

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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RONDA AUSTIN, CHRISTOPHER
CORDUCK, ERNEST DIAL, BILLY
WAYNE GIBSON, and BOBBY G. SMITH,
on behalf of themselves and others similarly
situated;

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JUDGMENT

Plaintiffs,

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Case No. 4:16-cv-07185-HSG

vs.
FOODLINER, INC.,
Defendant.

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Case No. 4:16-cv-07185-HSG
JUDGMENT

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This matter came on for hearing before this Court on May 2, 2019 at 2:00 p.m., pursuant

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to Rule 23 of the Federal Rules of Civil Procedure and this Court’s August 17, 2018 Order

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Granting Motion for Preliminary Approval of Class Action Settlement (Dkt. No. 51). On May

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10, 2019, the Court entered an Order (the “Final Approval Order”) granting Plaintiffs’ motions

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for (1) final approval of class action settlement and (2) attorneys’ fees, costs, and incentive

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payments (in part) (Dkt. No. 61).

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In accordance with the Final Approval Order, and pursuant to Rules 23 and 58 of the

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Federal Rules of Civil Procedure, and pursuant to 29 U.S.C. § 216(b), IT IS HEREBY

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ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

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1.

This Court has jurisdiction over the subject matter of the above-captioned action

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(the “Action”), the Named Plaintiffs Ronda Austin, Christopher Corduck, Ernest Dial, Billy

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Wayne Gibson, and Bobby G. Smith (“Named Plaintiffs”), Defendant Foodliner, Inc.

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(“Defendant”), and all members of the Settlement Class, which is comprised of the following

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class members:

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Class Members

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All individuals employed by Foodliner as truck drivers in California at any time from

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November 3, 2012 to August 17, 2018.

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PAGA Subclass Members

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Class members employed by Foodliner between October 31, 2015 to August 17, 2018.

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Final Approval Order at 3.
2.

As used herein, the terms “Settlement” and “Settlement Agreement” shall refer

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to the Joint Stipulation and Settlement of Class Action Claims filed by the Named Plaintiffs on

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July 12, 2018 as Exhibit 1 to the Declaration of Hunter Pyle in Support of Plaintiff’s Motion for

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Preliminary Approval of Class Action Settlement (Dkt. No. 49).

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3.

Named Plaintiffs shall be paid incentive payments of $10,000.00 to Plaintiff

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Austin and $5,000.00 each to Plaintiffs Corduck, Dial, Gibson, and Smith, out of the Gross

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Settlement Amount, in accordance with the terms of the Settlement Agreement and the Final

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JUDGMENT

Case No. 4:16-cv-07185-HSG

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Approval Order.

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4.

The California Labor and Workforce Development Agency shall be paid

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$61,053.75 out of the Gross Settlement Amount as its share of the PAGA penalties, in

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accordance with the terms of the Settlement Agreement and the Final Approval Order.

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Individual settlement payments shall be paid to the participating Settlement Class members out

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of the Net Settlement Sum, in accordance with the terms of the Settlement Agreement.

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5.

Class Counsel shall be paid $300,000 in attorneys’ fees from the Gross

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Settlement Amount in accordance with the terms of the Settlement Agreement and the Final

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Approval Order.

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6.

Class Counsel’s litigation costs of $ 22,221.37 shall be paid out of the Gross

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Settlement Amount in accordance with the terms of the Settlement Agreement and the Final

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Approval Order.

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7.

The Claims Administrator, Simpluris, Inc., shall be paid for its fees and expenses

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in connection with the administration of the Settlement Agreement out of the Gross Settlement

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Amount, in accordance with the terms of the Settlement Agreement and the Final Approval

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Order, in the amount of $4,500.

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8.

By this Judgment, the Named Plaintiffs and each member of the Rule 23 Class

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and PAGA Subclass who has not timely and validly requested exclusion from the Settlement by

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opting out (collectively, the “Participating Class Members”), hereby release Defendant and the

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Released Parties (as defined in the Settlement Agreement at ¶ 27) from the Released Claims (as

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defined in the Settlement Agreement at ¶ 28), and all of the Released Claims are dismissed with

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prejudice as to the Participating Class Members. One Class Member has opted-out of the

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Settlement and will not be bound by the Final Approval Order or this Judgment.

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9.

By this Judgment, the Participating Class Members are permanently barred from

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asserting any of the Released Claims in the future. The parties are to bear their own attorneys’

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fees and costs, except as otherwise provided in the Settlement Agreement and the Final

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Approval Order.

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JUDGMENT

Case No. 4:16-cv-07185-HSG

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10.

The Court reserves and retains exclusive jurisdiction over the Action, the Named

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Plaintiffs, the Settlement Class, and Defendant for the purposes of supervising the

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implementation, effectuation, enforcement, construction, administration, and interpretation of

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the Settlement Agreement and this Judgment.

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11.

Final judgment is hereby entered pursuant to Rule 23(c)(3) of the Federal Rules

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of Civil Procedure. This document shall constitute a final judgment for purposes of Rule 58 of

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the Federal Rules of Civil Procedure.

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IT IS SO ORDERED.

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Dated: June 12, 2019

________________________________
Hon. Haywood S. Gilliam, Jr.
United States District Judge

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JUDGMENT

Case No. 4:16-cv-07185-HSG