Lu et al v. Pacific Rim Enterprises et al

Filing 56

ORDER DENYING APPROVAL OF SETTLEMENT. Signed by Judge Ronald M. Whyte on February 10, 2012. (rmwlc2, COURT STAFF) (Filed on 2/10/2012)

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E-FILED on

2/10/12

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CHANG MIN LU AND LI FEN LEE, ON
BEHALF OF THEMSELVES AND ALL
SIMILARLY SITUATED OTHERS,

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Plaintiff,

No. C-09-6058 RMW

ORDER DENYING APPROVAL OF
SETTLEMENT

v.
PACIFIC RIM ENTERPRISES, FANNY
KING AND JIM SIEVERS,

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Defendants.
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The settlement of any claim brought under the California Private Attorneys General Act

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(PAGA) requires court approval. See Cal. Lab. Code § 2699(l). In this case, the court does not feel

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it can approve an agreement that provides no consideration for the settlement of plaintiff's PAGA

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claim, yet purports to bar employees similarly situated from filing potentially valid PAGA claims

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without first providing them with notice. The court recognizes its concern is largely academic, but

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is troubled by approving a settlement in which employee claims are unknowingly dismissed with

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prejudice for zero dollars while a significant monetary award is allocated to the named plaintiff. The

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court would be happy to approve a settlement under which the PAGA claim is dismissed with

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prejudice as to the named plaintiff but without prejudice as to others similarly situated.
ORDER DENYING APPROVAL OF SETTLEMENT —No. C-09-6058
CB

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DATED:
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February 10, 2012
RONALD M. WHYTE
United States District Judge

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ORDER DENYING APPROVAL OF SETTLEMENT —No. C-09-6058
CB
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Notice of this document has been electronically sent to:

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Counsel for Plaintiffs:

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name

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Counsel for Defendants:

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name

email

email

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Counsel are responsible for distributing copies of this document to co-counsel that have not
registered for e-filing under the court's CM/ECF program.

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Dated:
Chambers of Judge Whyte

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ORDER DENYING APPROVAL OF SETTLEMENT —No. C-09-6058
CB
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