Harris et al v. Best Buy Stores, L.P.

Filing 175

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING PLAINTIFF HARRISS UNOPPOSED 174 MOTION FOR APPROVAL OF PAGA SETTLEMENT.(ndrS, COURT STAFF) (Filed on 6/10/2019)

Case 4:17-cv-00446-HSG Document 174-5 Filed 05/14/19 Page 1 of 2

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WOODALL LAW OFFICES
100 PINE STREET, SUITE 1250
SAN FRANCISCO, CALIFORNIA 94111
TELEPHONE: [phone]
FACSIMILE: [phone]
[e-mail]
KEVIN F. WOODALL, BAR NO. 180650
BARNES LAW OFFICES
580 CALIFORNIA ST., 16TH FLOOR
SAN FRANCISCO, CA 94104
TELEPHONE: [phone]
FACSIMILE: [phone]
[e-mail]
PAGE R. BARNES, BAR NO. 153539
ATTORNEYS FOR PLAINTIFF, STARVONA HARRIS,
JONATHAN STRICKLAND AND THOSE SIMILARLY SITUATED

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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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STARVONA HARRIS AND JONATHAN ) CASE NO. 4:17-CV-00446 HSG
STRICKLAND, INDIVIDUALLY AND ON
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BEHALF OF THOSE SIMILARLY SITUATED,
) [PROPOSED] ORDER GRANTING
PLAINTIFF HARRIS’S UNOPPOSED
) MOTION FOR APPROVAL OF PAGA
PLAINTIFFS,
) SETTLEMENT
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V.
BEST BUY STORES, L.P., A LIMITED
PARTNERSHIP,
DEFENDANT.

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[PROPOSED] ORDER GRANTING PLAINTIFF HARRIS’S UNOPPOSED MOTION FOR APPROVAL OF
PAGA SETTLEMENT

Case 4:17-cv-00446-HSG Document 174-5 Filed 05/14/19 Page 2 of 2

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Plaintiff Harris’s Unopposed Motion for Approval of PAGA Settlement was heard

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by the Court. No appearances were necessary by Plaintiff Starvona Harris (“Harris”) and

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Defendant Best Buy Stores LP (“Best Buy”). After reviewing the motion and supporting

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papers and good cause therefor,
Plaintiff Harris’s Unopposed Motion for Approval of PAGA Settlement is

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GRANTED. Specifically, the Court approves the PAGA settlement terms in the executed

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Settlement Agreement, which is Exhibit B to the Woodall Declaration filed in support of

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the motion. The $5,000 PAGA payment shall be distributed by Simpluris, Inc. as

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follows: 75% to the Labor Workforce Development Agency and 25% to the 219 potential

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aggrieved employees identified in the Settlement Agreement, in accordance with

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California Labor Code § 2699 et seq. The Court also dismisses with prejudice all PAGA

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claims that were alleged by Plaintiff Harris in the PAGA notice (Woodall Decl., Exh. A)

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and in this action, including those brought in the First Federal Action (Case No. 3:15-cv-

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00657 HSG), the Second Federal Action (4:17-cv-00446 HSG) and California Superior

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Court, County of Alameda under California Labor Code §§ 558, 510, 204, 210, 225.5,

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558, 1194, 1197 and 1197.1, 226, 226.3, 1174, 1174.5, 1175, 1198, 201-203, 256, 2802,

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218.5, 218.6 and 2699. The settlement is reasonable because: (1) the Court has already

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determined that many PAGA claims cannot be maintained; (2) Plaintiff Harris

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determined after thorough discovery that other PAGA claims have no merit; (3) Best Buy

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raised defenses to the remaining PAGA claim for violations of California Labor Code

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§§ 201, 203, including the lack of willfulness; and (4) this settlement represents

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approximately 25% of the maximum PAGA penalties under the circumstances, which is a

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much higher percentage than PAGA settlements approved by many other courts.

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IT IS SO ORDERED.

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Dated:

6/10/2019

U.S. DISTRICT COURT JUDGE

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[PROPOSED] ORDER GRANTING PLAINTIFF HARRIS’S UNOPPOSED MOTION FOR APPROVAL OF
PAGA SETTLEMENT