Lopez et al v. Ham Farms, LLC et al

Filing 149

ORDER granting 147 Motion for Attorney Fees and Costs, and Of Cy Pres Recipient. Signed by District Judge James C. Dever III on 2/16/2022. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
ADAN LOPEZ, FRANCISCO MENDEZ, EZEQUIEL
ABURTO-HERNANDEZ, ELENA RAFAEL-PERALTA,
JOSE PABLO SANDOVAL-MONTALVO, JOSE
JIMENEZ-OLIYAREZ, ALEJANDRO MARTINEZ-MENDEZ,
FRANCISCO PALACIOS-HERNANDEZ, HUMBERTO DE
LA LUZ ARMENTA, and ISAIAS ESPINOSA-VAZQUEZ,
on behalf of themselves and other similarly situated persons,
Plaintiff,

v.
HAM FARMS, LLC f/k/a HAM FARMS; INC., HAM
PRODUCE, LLC f/k/a HAM PRODUCE COMPANY, INC.,
ISMAEL PACHECO, .PACHECO CONTRACTORS, INC.,
HUGO MARTINEZ, GUTIERREZ HARVESTING, LLC,
ROBERTO TORRES-LOPEZ, 5 G HARVESTING, LLC,
RODRIGO GUTIERREZ-TAPIA, SR., CIRILA GARCIAPINEDA, BLADIMIR MORENO, and LOS VILLATOROS
HARVESTING, LLC,
Defendants.

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COLLECTIVE ACTION
§ 216(b)
CLASS ACTION
Civil Action No.:
5:17-CV-00329-D

ORDER GRANTING PARTIES' JOINT MOTION FOR
APPROVAL OF SETTLEMENT AGREEMENT ON FEES AND COSTS,
AND OF CY PRES RECIPIENT

Upon consideration of the Parties' Joint Motion for Approval of the Settlement
Agreement on Fees and Costs, the Court, having considered the Motion and accompanying
Memorandum in Support of the Motion and Exhibits, finds as follows:
It is hereby ORDERED that the Joint Motion for Approval of the Fees Settlement is

GRANTED.

Case 5:17-cv-00329-D Document 149 Filed 02/16/22 Page 1 of 4

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It is hereby further ORDERED that residual settlement funds currently held by Third
Party Settlement Claims Administrator Simpluris, Inc., amounting to $188,053, shall be paid to
Plaintiffs' Counsel within 30 days of the date of this Order.
It is hereby further ORDERED that all remaining residual settlement funds currently

held by Third Party Settlement Claims Administrator Simpluris, Inc., shall be paid to North
Carolina Justice Center ("NCJC") as cy pres recipient of this amount, within 30 days of the date
of this Order. Pursuant to the agreement of the Parties, these funds may only be used for
education of farmworkers on their legal rights under state and federal wage and hour laws, and
may not be used for union organizing or union related activities.
It is hereby further ORDERED that the Settlement Agreement and Mutual Release, ECF

No. 122-1, is MODIFIED such that residual settlement funds described in Section 5.11 of the
Settlement Agreement and Mutual Release, ECF No. 122-1 at 3i-33, amounting to $188,053,
shall be paid to Plaintiff Class Counsel.
It is hereby further ORDERED that a total amount of $42,000 shall be paid by

Defendants Gutierrez Harvesting, LLC, 5G Harvesting, LLC, and Rodrigo Gutierrez-Tapia Sr.
(the "Gutierrez Defendants") to Plaintiff Class Counsel within 30 days of the date of this Order.
It is hereby further ORDERED that upon timely payment by the Gutier!ez Defendants to

Plaintiff Class Counsel of tne amount specified in this Order, all liability of the Gutierrez
Defendants under the class action settlement in this case shall terminate.
' It is hereby further ORDERED that a total amount of $220,000 shall be paid by

Defendants Ham Farms, LLC and Ham Produce, LLC (the "Ham Farms Defendants") to
Plaintiff Class Counsel. Of this total amount, $110,000 shall be paid by the Ham Farms
Defendants to Plaintiff Class Counsel within one calendar year of the date of this Order, without

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Case 5:17-cv-00329-D Document 149 Filed 02/16/22 Page 2 of 4

interest. The remaining $110,000 shall be paid by the Ham Farms Defendants to Plaintiff Class
Counsel within two calendar years of the date of this Order, without interest.
It is hereby further ORDERED that upon timely payment by the Ham Farms Defendants
to Plaintiff Class Counsel of the amounts specified in this Order, all liability of the Ham Farms
Defendants under the class action settlement in this case shall terminate.
It is hereby further ORDERED that if the Ham Farms Defendants do not make the initial
payment of $110,000 specified in this Order within the time specified in this Order, Plaintiff
Class Counsel may execute the Ham Farms Defendants Deed of Trust filed by the Parties as an
exhibit to their Joint Motion for Approval of the Fees Settlement, and the proceeds from the
foreclosure of the properties subject to the Deed of Trust, in the amount of $220,000, shall be
paid to Plaintiff Class Counsel.
It is hereby further ORDERED that in the event the initial payment of $110,000 be
made, but the second payment of $110,000 not be made within the time specified_ in this Order,
Plaintiff Class Counsel may execute the Ham Farms Defendants Deed of Trust filed by the
Parties as an exhibit to their Joint Motion for Approval of the Fees Settlement, and the proceeds
from the foreclosure of the properties subject to the Deed of Trust, in the amount of $110,000,
shall be paid to Plaintiff Class Counsel.
It is hereby further ORDERED that in the event the Ham Farms Defendants Deed of
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Trust is not sufficient to provide payment to Plaintiff Class Counsel of the amounts owed to
them, Plaintiff Class Counsel may enforce this Settlement Agreement through the Court to obtain
any remaining unpaid amounts owed to Plaintiff Class Counsel. Plaintiff Class Counsel may
enforce this Settlement Agreement against Ham Farms, LLC, Ham Produce, LLC, or Ham
Equipment, LLC, or any successor entities to these companies, to obtain payment for amounts
owed by Defendants Ham Farms, LLC and Ham Produce LLC.
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SO ORDERED. This the _1iE_ day of February, 2022.

United States District Judge

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