Opinion
Dylan Pollard, Esq., SBN 180306 Matt C. Bailey, Esq. SBN 218685 Roxanna Tabatabaeepour, Esq., SBN 260187 POLLARD/BAILEY Beverly Hills, CA, Attorneys for Plaintiff, David Kinney.
SEYFARTH SHAW LLP, Brian T. Ashe (SBN 139999) San Francisco, CA.
SEYFARTH SHAW LLP, Timothy B. Nelson (SBN 235279) Attorneys for Defendants, Holiday AL Management Sub LLC dba Holiday Retirement (sued erroneously as Harvest AL Management Sub LLC), Harvest Management Sub LLC dba Holiday Retirement, and Harvest Management Sub TRS Corp.
ORDER APPROVING SETTLEMENT OF CLAIMS BROUGHT PURSUANT TO THE PRIVATE ATTORNEY GENERAL'S ACT OF 2004 AND DISMISSAL WITH PREJUDICE MODIFIED FROM ORIGINAL VERSION
TROY L. NUNLEY, District Judge.
ORDER APPROVING PAGA SETTLEMENT AND DISMISSAL WITH PREJUDICE
WHEREAS Plaintiff's Motion for an Order Approving Settlement Of Claims Brought Pursuant To The Private Attorney General's Act Of 2004 And Dismissal With Prejudice (hereinafter "the Order") came before this Court, and was submitted on the papers on August 30, 2013.
WHEREAS Plaintiff filed the instant Lawsuit against Defendants on behalf of the State of California, pursuant to the Private Attorney General's Act of 2004 ( Cal. Labor Code §2698 et. seq., hereafter "PAGA"), subsequent to giving written Notice to Defendants and the Labor and Workforce Development Agency ("LWDA") as required by California Labor Code § 2699.3;
WHEREAS the operative Complaint in the Lawsuit contains a single claim for relief under the PAGA based on an alleged violation of California Labor Code § 204, and seeks to recover civil penalties under California Labor Code § 210 for such alleged violations sustained by all current and/or former non-exempt employees of Defendants within the State of California;
WHEREAS Defendants have denied and continue to deny all allegations by Plaintiff in the Lawsuit;
WHEREAS the Parties desire to settle the Lawsuit solely for the purpose of avoiding the burden, time, expense and uncertainty of continuing litigation, and for the purpose of putting to rest the controversies engendered by the Lawsuit;
WHEREAS California Labor Code § 2699, subpart l, states that the "court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part";
WHEREAS the Court has reviewed and considered (1) the proposed Stipulation of Settlement and Release, attached hereto as Exhibit 1 (hereafter the "Settlement Agreement"), (2) the Motion for Approval of PAGA Settlement (and the points and authorities submitted therewith), and (3) the Motion for Approval of Plaintiff's Counsel's Attorneys' Fees, Costs and Enhancement Payment to Plaintiff (and the points and authorities submitted therewith);
Based thereon, the Court HEREBY MAKES THE FOLLOWING FINDINGS:
1. That all terms used herein shall have the same meaning as defined in the Settlement Agreement.
2. That this Court has jurisdiction over the subject matter of the Lawsuit and over all Parties to the Lawsuit.
3. That the Settlement was entered into in good faith, that the Settlement is fair, reasonable and adequate under the circumstances, and that Plaintiff, by and through his Counsel, has satisfied the standards and applicable requirements for approval of a settlement of a claim brought under the PAGA (Cal. Labor Code §2698 et. seq.).
GOOD CAUSE APPEARING, it is HEREBY ORDERED THAT:
1. The terms of the Settlement Agreement are fair, adequate and reasonable, and therefore, are given approval by the Court.
2. Compensation to the LWDA and the Aggrieved Employees shall be effected pursuant to the terms of the Settlement Agreement.
3. In recognition of the Plaintiff's efforts, and having provided a more broad general release of claims in the Settlement, the Court hereby approves the payment of an enhancement award in the amount of $3,000, which shall be effected in the manner set forth in the Settlement Agreement.
4. The Court hereby approves the payment of attorneys' fees to Plaintiff's Counsel in the sum of $218,750, and actual costs incurred, not to exceed $7,000, to be effected in the manner set forth in the Settlement Agreement.
5. The Court also hereby approves and orders payment in the amount of not more than $7,370 to Dahl Administration for performance of its Settlement administration services
6. Except as provided in the parties' settlement agreement, no less than $638,880, will be allocated to the LWDA and to the Aggrieved Employees (allocated in the amount of $479,160 to the LWDA, and $159,720 to Aggrieved Employees).
7. Upon entry of this Order, all of the claims in the Lawsuit shall be and are hereby dismissed with prejudice. Moreover, the LWDA and each and every Aggrieved Employee, including Plaintiff, shall be deemed and hereby are deemed to have conclusively released and forever discharged the Released Parties for any and all Released Claims, as defined in the Settlement Agreement, and are hereby permanently barred and enjoined from the institution or prosecution of any and all Released Claims against the Released Parties. In addition, Plaintiff David Kinney shall also be deemed to be bound by a general release, as defined in the Settlement Agreement.
8. Neither the Settlement, nor any of the terms set forth in the Settlement Agreement, is an admission by the Released Parties, nor is the Court's instant Order a finding of the validity of any claims in the Lawsuit or of any wrongdoing by the Released Parties.
9. This Order is intended to be a final disposition of the Lawsuit in its entirety, and is intended to be immediately appealable.
10. This Court shall retain jurisdiction with respect to all matters related to the administration and consummation of the Settlement.
IT IS SO ORDERED.