Opinion
Jonathan Ricasa, LAW OFFICE OF JONATHAN RICASA, Los Angeles, California, Attorney for Plaintiff. Armando Beristain-Vargas.
Briana M. Kim, BRIANA KIM, PC, Long Beach, California, Co-Counsel for Plaintiff. Armando Beristain-Vargas.
[PROPOSED] ORDER AND JUDGMENT, GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT
S. JAMES OTERO, District Judge.
The Motion Application for an Order Granting Final Approval of Class Action Settlement came before this Court, on January 5, 2015. The above captioned Action is a class action lawsuit brought by Plaintiff Armando Beristain-Vargas (hereinafter "Plaintiff") against Defendant Tight Quarters, Inc. and Defendant Telford T. Cottam ("Defendants") (collectively the "Parties"). Plaintiff alleges that, inter alia, Defendants violated the California Labor Code, California Industrial Welfare Commission Wage Orders, California Unfair Competition Law, and Fair Labor Standards Act ("FLSA") by failing to pay minimum wages, failing to pay overtime wages, failing to provide rest periods, failing to provide wage premiums for missed rest periods, and failing to timely pay all final wages. Defendants deny any and all alleged wrongdoing, and deny any liability to the Plaintiff or to members of the putative class.
On August 21, 2014, this Court entered an Order Granting Motion for Preliminary Approval of Class Action Settlement, resulting in certification of the following provisional Settlement Class:
All persons who are or were employed by Tight Quarters, Inc. and its related entities, as non-exempt laborers, nonexempt forepersons and non-exempt operators in the State of California at any time during the period July 3, 2009 to August 21, 2014.
That Order further directed the Parties to provide Notice to the Class, which informed absent class members of: (a) the proposed Settlement, and the Settlement's key terms; (b) the date, time and location of the Final Approval Hearing; (c) the right of any Class Member to object to the proposed. Settlement, and an explanation of the procedures to exercise that right; (d) the right of any Class Member to exclude themselves from the proposed Settlement, and an explanation of the procedures to exercise that right; and (e) an explanation of the procedures for Class Members to participate in the proposed settlement.
The Court, upon Notice having been given as required in the Preliminary Approval Order, and having considered the proposed Settlement Agreement, attached hereto as Exhibit 1, and the Amended Stipulation of Settlement, attached hereto as Exhibit 2, as well as all papers filed, hereby ORDERS, ADJUDGES AND DECREES AS FOLLOWS:
1. This Court has jurisdiction over the subject matter of the Action and over all Parties to the Action, including all members of the Settlement Class.
2. The Court finds that the Settlement Class is properly certified as a class for settlement purposes only.
3. The Notice provided to the Settlement Class constitutes the best notice practicable under the circumstances, by providing individual notice to all Class Members who could be identified through reasonable effort, and by providing due and adequate notice of the proceedings and of the matters set forth therein to the other Class Members. The notice fully satisfied the requirements of due process.
4. The Court finds the settlement was entered into in good faith, that the settlement is fair, reasonable and adequate, and that the settlement satisfies the standards and applicable requirements for final approval of this class action settlement.
5. Zero Class Members have objected to the terms of the Settlement.
6. Zero Class Members have requested exclusion from the Settlement.
7. Upon entry of this Order, compensation to the participating members of the Settlement Class shall be effected pursuant to the terms of the Settlement Agreement.
8. In addition to any recovery that Plaintiff may receive under the Settlement, and in recognition of the Plaintiffs efforts on behalf of the Settlement Class, the Court hereby approves the payment of an incentive award to the Plaintiff, in the amount of $5,000.00.
9. The Court approves the payment of attorneys' fees to Class Counsel in the sum of 60, 000.00. The apportionment of attorneys' fees is as follows: $30,000 Law Office of Jonathan Ricasa and $30,000 to Briana Kim, PC.
10. The Court approves the reimbursement of litigation expenses in the sum of $5,908.40. The apportionment of litigation expenses is as follows: $1,054.29 to Law Office of Jonathan Ricasa and $4,854.11 to Briana Kim, PC.
11. The Court approves a payment of $1,000.00 to California's Labor & Workforce Development Agency.
12. The Court approves and orders payment in the amount of $8,750.00 to Phoenix Settlement Administrators for performance of its settlement administration services.
13. Any unclaimed funds in the Settlement Administrator's account as a result of the failure to timely cash Settlement Share checks shall be distributed on a pro rata basis to the claimants who are otherwise eligible to receive a distribution pursuant to this Order.
14. Notice of this Judgment shall be given to the Class by posting this Judgment on the Settlement Administrator's website.
15. Upon the Effective Date, the Plaintiff and all members of the Settlement Class shall have, by operation of this Order and the accompanying Judgment, fully, finally and forever released, relinquished, and discharged Defendants from all claims as defined by the terms of the Settlement. Upon the Effective Date, all members of the Settlement Class shall be and are hereby permanently barred and enjoined from the institution or prosecution of any and all of the claims released under the terms of the Settlement.
16. Plaintiff and only those Class Members who cash their settlement award checks, shall have, by operation of this Order and the accompanying Judgment, fully, finally and forever released, relinquished, and discharged Defendants from all claims under the FLSA as defined by the terms of the Settlement.
17. Upon completion of administration of the Settlement, the parties shall file a declaration stating forth that claims have been paid and that the terms of the settlement have been completed.
18. This "Judgment" is intended to be a final disposition of the above captioned action in its entirety, and is intended to be immediately appealable.
19. This Court shall retain jurisdiction with respect to all matters related to the administration and consummation of the settlement, and any and all claims, asserted in, arising out of, or related to the subject matter of the lawsuit, including but not limited to all matters related to the settlement and the determination of all controversies relating thereto.
IT IS SO ORDERED.