Li v. A Perfect Day Franchise, Inc

Filing 532

JUDGMENT. Signed by Judge Lucy H. Koh on 6/25/2012. (lhklc2, COURT STAFF) (Filed on 6/25/2012)

Case5:10-cv-01189-LHK Document531 Filed06/18/12 Page1 of 3

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MONIQUE OLIVIER (SBN 190385)
([e-mail])
DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
100 Bush Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
JAMES C. STURDEVANT (SBN 94551)
([e-mail])
THE STURDEVANT LAW FIRM
A Professional Corporation
354 Pine Street, Fourth Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs and the Putative Class
and Counterdefendants
Additional counsel listed on signature page.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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GUIFU LI, MENG YANG, FANG DAI,
LIN CUI, and ZHONG YU on behalf of
themselves and all others similarly situated,

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Plaintiffs,

Case No. CV 10-01189 LHK (PSG)
CLASS AND COLLECTIVE ACTION
[PROPOSED] JUDGMENT

vs.

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A PERFECT DAY FRANCHISE, INC., a
California corporation, et al.,

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Defendants.

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MINJIAN HAND HEALING INSTITUTE,
INC., a California corporation,

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Courtroom:
Judge:

8, 4th Floor
Hon. Lucy H. Koh

Complaint Filed:
Trial Date:

March 22, 2010
April 3, 2012

Counterclaimant,
vs.
FANG DAI, and individual; ZHONG YU, an
individual; LIN CUI, and individual; and
DOES 11-30, inclusive,
Counterdefendants.

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[PROPOSED] JUDGMENT

CASE NO. CV 10-01189 LHK (PSG)

Case5:10-cv-01189-LHK Document531 Filed06/18/12 Page2 of 3

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Pursuant to this Court’s June 15, 2012 Order Granting Plaintiffs’ Motion for Default

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Judgment; Granting Permanent Injunction (Dkt. 529), judgment is hereby entered in favor of

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Plaintiffs Guifu Li, Meng Yang, Fang Dai, Lin Cui, and Zhong Yu, on behalf of themselves and the

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certified class (“Plaintiffs”) and against Defendants A Perfect Day Franchise, Inc., Minjian Hand

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Healing Institute, Inc., Huan Zou, Jun Ma, Tailiang Li, and Jin Qiu (collectively “Defendants”) in

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the amount of $12,587,726.90, which includes:

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(1) $11,141,452.83 in damages, penalties, and interest on unpaid wages, as follows:

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(a) $9,024,416 to the Class;

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(b) $23,471.60 to Guifu Li;

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(c) $7,479.10 to Meng Yang;

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(d) $2,770.25 to Fang Dai;

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(e) $5,555 to Lin Cui;

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(f) $4,088.88 to Zhong Yu;

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(g) $2,073,672 to the California Labor and Workforce Development Agency (for

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penalties under the California Private Attorney General Act, Labor Code § 2699 et

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seq.); and

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(h) any amount collected from the class settlement with Tom Schriner, up to

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$620,000, will be deducted from the amount owed by the Defendants to the class.

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(2) $1,446,274.07 in attorneys’ fees and costs awarded to Plaintiffs’ counsel.

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Defendants are jointly and severally liable for all amounts owed to Plaintiffs, the Class and

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Plaintiffs’ counsel.
Post-judgment interest is also awarded on the entire judgment amount of $12,587,726.90,

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calculated “at a rate equal to the weekly average 1-year constant maturity Treasury yield, as

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published by the Board of Governors of the Federal Reserve System, for the calendar week

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preceding the date of the judgment.” 28 U.SC. § 1961(a).

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This Judgment also includes a permanent injunction. Defendants are hereby permanently

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enjoined from treating class members as independent contractors and not W-2 employees.

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Defendants are hereby permanently enjoined from failing to pay class member minimum wages,
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[PROPOSED] JUDGMENT

CASE NO. CV 10-01189 LHK (PSG)

Case5:10-cv-01189-LHK Document531 Filed06/18/12 Page3 of 3

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overtime and tips, failing to provide accurate wage statements, failing to pay all amounts due upon

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separation of an employee, failing to provide meal periods, and failing to reimburse expenses as

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required under California and federal law.

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The Court shall retain jurisdiction over this case until distribution of class funds is complete.

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JUDGMENT IS ENTERED.

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June 25
Dated: __________________, 2012

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_____________________________________________
THE HONORABLE LUCY H. KOH
UNITED STATES DISTRICT COURT JUDGE

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Additional Plaintiffs’ Counsel:

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Shaana A. Rahman
([e-mail])
RAHMAN LAW PC
369 Pine Street, Suite 600
San Francisco, Calif. 94104
Telephone: [phone]
Facsimile: [phone]

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[PROPOSED] JUDGMENT

CASE NO. CV 10-01189 LHK (PSG)