Opinion
1:20-cv-01384-AWI-JLT
08-19-2021
PAMELA MADISON, an individual on behalf of herself and others similarly situated, Plaintiff, v. ONESTAFF MEDICAL LIMITED LIABILITY COMPANY, Defendant.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO GRANT PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (DOC. NO. 23)
Plaintiff seeks preliminary approval of a class action settlement reached with OneStaff Medical Limited Liability Company. (Doc. No. 17.) The court considered the proposed settlement between the parties and the proposed class notice and documents and issued findings and recommendations to grant plaintiff's motion for preliminary approval of class settlement. (Doc. No. 23.) The findings and recommendations were served on the parties and contained notice that objections were due within fourteen days. (Id. at 20-21.) No. objections have been filed to the pending findings and recommendations, and the deadline to do so has now passed.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. Having carefully reviewed the file, the Court finds the findings and recommendations are supported by the record and proper analysis.
Accordingly, the Court ORDERS:
1. The findings and recommendations dated July 20, 2021 (Doc. No. 23) are ADOPTED IN FULL;
2. Plaintiff's motion for preliminary approval of class action settlement (Doc. No. 17) is GRANTED;
3. The following Class is CERTIFIED for settlement purposes only:
All non-exempt hourly healthcare professionals employed by OneStaff in California at any time from September 30, 2016 and September 19, 2020 who worked overtime and received hourly per diems, hourly housing allowances, and/or hourly travel allowances.
4. The following FLSA Collective is CERTIFIED for settlement purposes only:
All non-exempt hourly healthcare professionals employed by OneStaff in California at any time from September 30, 2017 and September 19, 2020 who worked overtime, as defined under the FLSA, and received hourly per diems, hourly housing allowances, and/or hourly travel allowances.
5. The court finds that, for purposes of the settlement, the above-defined Class meets the requirements for class certification. For purposes of the settlement, the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) are satisfied;
6. Plaintiff's counsel, Hayes Pawlenko LLP, is appointed as counsel for the class and collective;
7. Pamela Madison is appointed as the representative for the class and the collective but the request for an enhancement is RESERVED pending the motion for final approval of the settlement;
8. CPT Group, Inc. is appointed as the claims administrator;
9. The proposed settlement detailed herein is approved on a preliminary basis as fair and adequate;
10. Class counsel's request for fees up to 25% of the gross settlement amount and up to $15,000 in costs is GRANTED preliminarily, subject to counsel's
petition for fees and review at the Final Approval Hearing. Class and collective members and their counsel may support or oppose this request, if they so desire, at the Final Approval Hearing;
11. The proposed notice is preliminarily APPROVED, and the parties are required to file a finalized notice with required revisions for the court's approval; and
12. The court sets a final approval and fairness hearing for October 18, 2021 at 1:30 p.m. The parties may stipulate to a different date and time if necessary.
IT IS SO ORDERED.