De Bernardi et al v. City and County of San Francisco

Filing 114

Order by Judge Haywood S. Gilliam, Jr. granting 113 Stipulated Judgment. (wft, COURT STAFF) (Filed on 3/15/2022)

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GREGG McLEAN ADAM, (SBN 203436)
[e-mail]
WENDI J. BERKOWITZ, (SBN 145624)
[e-mail]
MESSING ADAM & JASMINE LLP
235 Montgomery St., Suite 828
San Francisco, California 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
TAIRA DE BERNARDI, et al
DAVID E. MASTAGNI, (SBN 204244)
[e-mail]
MASTAGNI HOLSTEDT, APC
1912 I Street
Sacramento, California 95811
Telephone:
[phone]
Facsimile:
[phone]

DAVID CHIU (SBN 189542)
[e-mail]
JONATHAN C. ROLNICK (SBN 151814)
[e-mail]
OFFICE OF THE CITY ATTORNEY
Fox Plaza
1390 Market Street, Floor Five
San Francisco, California 94102-5408
Telephone;
[phone]
Facsimile:
[phone]

Attorneys for Plaintiffs
ABDULLAH WAZWAZ, et al

Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

17 TAIRA DE BERNARDI, STEPHEN VAL
KIRWAN, et al.,
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Plaintiffs,
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v.
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CITY AND COUNTY OF SAN
21 FRANCISCO,

Case No. 4:18-cv-04597-HSG

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Hon. Haywood S. Gilliam, Jr.

Defendant.

[Consolidated for Pre-Trial Purposes with
Case No.: 4:18-cv-05580-HSG]
STIPULATED JUDGMENT

23 ABDULLAH WAZWAZ, et al.,
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Plaintiffs,
v.

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FRANCISCO,
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Defendant.
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MESSING ADAM &
JASMINE LLP
ATTORNEYS AT LAW

00120416-1

Case No. 4:18-cv-04597-HSG
STIPULATED JUDGMENT

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The Parties, through their counsel, stipulate as follows:

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1.

That final judgment be entered in accordance with the Court’s March 4, 2022 Order

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granting the Parties’ Joint Motions for Final Approval of Collective Action

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Settlement (“Final Approval Motion”).

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2.

That the settlement funds reflected in the Settlement Agreement and pursuant to the

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Order granting the Final Approval Motion, be released to the Third Party

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Administrator, BrownGreer, for disbursement to (1) all Plaintiffs who have signed

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releases, in the amounts reflected in the Final Approval Motion and accompanying

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declarations, (2) BrownGreer, for settlement administrator costs in the amount of

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$94,000, for fees incurred up to and including November 19, 2019, (3) Messing

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Adam & Jasmine LLP, De Bernardi counsel, for attorneys’ fees in the amount of

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$150,000, (4) Mastagni Holstedt, APC, Wazwaz counsel, for attorneys’ fees in the

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amount of $65,000, (5) De Bernardi lead plaintiffs Taira De Bernardi and Stephen

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Val Kirwan, for lead plaintiff incentive awards in the amount of $1,250 each.

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3.

That Defendant pay BrownGreer, within 15 days of BrownGreer's submission to

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Defendant of its final invoice, an additional sum for fees incurred and to be

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incurred, since November 20, 2019, in connection with administering the

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settlement and disbursing settlement proceeds.

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4.

That all “No Recovery Plaintiffs,” and “Recovery Plaintiffs” who have not signed

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releases, be dismissed without prejudice from the actions. These individuals are

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listed in Exhibit A to this Stipulated Judgment.

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5.

That all “Recovery Plaintiffs” who signed releases and have settlement payments

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made to them be dismissed with prejudice from the actions. These individuals are

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listed in Exhibit B to this Stipulated Judgment.

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6.

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That this Stipulated Judgment be implemented in accordance with the terms of the
Settlement Agreement and the Order granting the Final Approval Motion.

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MESSING ADAM &
JASMINE LLP
ATTORNEYS AT LAW

00120416-1

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STIPULATED JUDGMENT

Case No. 4:18-cv-04597-HSG

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IT IS SO STIPULATED.

2 Dated: March 14, 2022

MESSING ADAM &JASMINE LLP

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Gregg McLean Adam
Wendi J. Berkowitz
Attorneys for Plaintiffs
TAIRA DE BERNARDI, STEPHEN VAL
KIRWAN, et al.

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~ Dated: March 14, 2022

MASTAGNI HOLSTEDT, APC

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i

sy

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ID E. MASTAGNI
TAYLOR DAVIES-MAHAFFEY
Attorneys for Plaintiffs
ABDULLAH WAZWAZ, JASON MOORS,
KENNETH YELTNG and BRIAN KAM, on behalf
of themselves and all similarly situated individuals

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Oated: March 14, 2022

OFFICE OF THE CITY ATTORNEY

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By

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DAVID CHID, City Attorney
JONATHAN C. ROLNICK, Chief Labor Attorney
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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2.

Judgment is so entered in accord with the above.

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Dated:

March 15 , 2022

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HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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2b
MESSING ADAM &
JASMINE LLP
A'rroauevs n'r Lnw

00120416-1

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STIPULATED JUDGMENT

Case No. 4:18-cv-04597-HSG

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IT IS SO STIPULATED.

2 Dated: March 14, 2022

MESSING ADAM & JASMINE LLP

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By
Gregg McLean Adam
Wendi J. Berkowitz
Attorneys for Plaintiffs
TAIRA DE BERNARDI, STEPHEN VAL
KIRWAN, et al.

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Dated: March 14, 2022

MASTAGNI HOLSTEDT, APC

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By

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DAVID E. MASTAGNI
TAYLOR DAVIES-MAHAFFEY
Attorneys for Plaintiffs
ABDULLAH WAZWAZ, JASON MOORE,
KENNETH YEUNG and BRIAN KAM, on behalf
of themselves and all similarly situated individuals

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Dated: March 14, 2022

OFFICE OF THE CITY ATTORNEY

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By

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DAVID CHIU, City Attorney
JONATHAN C. ROLNICK, Chief Labor Attorney
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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Judgment is so entered in accord with the above.
Dated: March 15, 2022

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HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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MESSING ADAM &
JASMINE LLP
ATTORNEYS AT LAW

00120416-1

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STIPULATED JUDGMENT

Case No. 4:18-cv-04597-HSG