Case Last Refreshed: 3 hours ago
Karam, Nahrain, Lakisha Lawson, Nahrain Karam, On Behalf Of Others Similarly Situated, Lawson, Lakisha, filed a(n) General Employment - Labor and Employment case represented by Shakouri, Ashkan Y., against Twomagnets Inc., represented by Karr, Adam Joseph, in the jurisdiction of Kern County. This case was filed in Kern County Superior Courts Superior Court of California with Bradshaw, J. Eric presiding.
Case Number |
JudgeBradshaw, J. Eric Track Judge’s New Cases |
Filing DateOctober 25, 2021 |
Category15-Cv Other Employment - Civil Unlimited |
Last RefreshedApril 26, 2024 |
Practice AreaLabor and Employment |
Filing LocationKern County, CA |
Matter TypeGeneral Employment |
Filing Court HouseSuperior Court of California |
Case Outcome TypeJudgment |
Case Management Conference
Date: April 25, 2022
Motion for Fees - Pre-Disposition (CL/CV)
Date: November 08, 2022
Ex Parte Hearing - Pre-Disposition
Date: July 20, 2022
Further Case Management Conference
Date: May 11, 2022
Final Approval Hearing on Class Action Settlement
Date: November 08, 2022
Motion (Pre-Disposition)
Date: May 11, 2022
2054265 - Notice of Motion (Filed)
Date: April 14, 2022
2054265 - Memorandum of Ps As (Final)
Date: April 14, 2022
2054265 - POS
Date: April 14, 2022
2054272 - Stip to Allow SAC (Filed)
Date: April 14, 2022
2054265 - Shakouri Decl. (File)
Date: April 14, 2022
2054265 - Preliminary Approval PO (Filed)
Date: April 14, 2022
2063927 - Preliminary Approval PO (Filed; Post MPA Hearing)
Date: May 12, 2022
2084926 Shakouri Decl. (Filed)
Date: July 15, 2022
2084926 Ex-Parte App. (Filed)
Date: July 15, 2022
2084926 PP Order
Date: July 15, 2022
2084926 Ntc of Exparte (Filed)
Date: July 15, 2022
2084926 POS (002)
Date: July 15, 2022
2084926 Lichtenstein Decl. (Filed)
Date: July 15, 2022
2054265 - Lawson Decl (Filed)
Date: April 14, 2022
2054265 - Karam Decl (Filed)
Date: April 14, 2022
Notice of Remote Appearance
Date: November 08, 2022| Date | Type | Description | |
|---|---|---|---|
| November 08, 2022 | Docket Event |
Judgment Order Granting Final Approval To Class Action Settlement And Application For Attorneys Fees; Litigation Expenses, And Enhancement Awards; And Final Judgment Thereon... Having received and considered the Settlement, the supporting papers filed by the Parties, and the evidence and argument received by the Court before entering the Preliminary Approval Order and at the Final Approval Hearing, the Court grants final approval of the Settlement, enters this Final Approval Order and Judgment ("Order"), and HEREBY ORDERS and MAKES DETERMINATIONS as follows: 1. The Settlement and any exhibits hereto shall be incorporated into this Order as though all terms therein are set forth in full. Except as otherwise specified herein, the Court for purposes of this Final Approval Order and Judgment adopts all defined terms set forth in the Agreement. 2. The Court has jurisdiction over this Action, all parties involved, the Named Plaintiffs, Defendant, and the Settlement Class Members. 3. The Court preliminarily found class certification appropriate for settlement purposes only. The Court now finds final certification of the Settlement Class appropriate for settlement purposes only and grants final certification of the Settlement Class. The Settlement Class is defined as all individuals who Defendant classified as "independent contractors" and referred to work at any healthcare facility inside California at any time from January 27, 2017 through May 16, 2022 (the "Class Period"). The Settlement Class does not include the six (6) individuals who submitted valid and timely Requests for Exclusion from the Settlement. The Court finds that this action and the Settlement satisfy the requirements of California Code of Civil Procedure section 382, and further finds that the Settlement Class has at all times been adequately represented by the Named Plaintiffs and Class Counsel. 4. The "PAGA Group" means all individuals who Defendant classified as "independent contractors" and referred to work at any healthcare facility inside California at any time from January 27, 2020 through May 16, 2022 (the "PAGA Period"). 5. Pursuant to the Preliminary Approval Order, as well as the order amending the notice process on July 20, 2022, the Notice of Proposed Class Action Settlement ("Settlement Notice") was sent to each Settlement Class Member by first-class mail. The Settlement Notice adequately informed Settlement Class Members of the terms of the Settlement, their right to receive a share of the Settlement, their right to comment on or object to the Settlement and/or the requested attorneys' fees and litigation expenses, their right to elect not to participate in the Settlement and pursue their own remedies, and their right to appear in person and/or by counsel at the Final Approval Hearing and be heard regarding approval of the Settlement. Adequate periods of time were provided by each of these procedures. In addition, adequate follow-up efforts were made to send the Settlement Notice to those individuals whose original Settlement Notice was returned as undeliverable. 6. Pursuant to this Court's July 20, 2022 order amending the settlement notice process, reasonable efforts were also taken to obtain the social security numbers of the 864 Settlement Class Members for whom the Claims Administrator did not have social security numbers. Along with those Settlement Class Members' Settlement Notice, the Claims Administrator sent them a letter stating that the Settlement Class Members would need to provide their social security numbers to the Claims Administrator to receive settlement payments, requested that the Settlement Class Members provide their social security numbers to the Claims Administrator, and provided different options for doing so. Pursuant to this process, the Claims Administrator received the social security numbers of 29 Settlement Class Members. 7. The Court finds and determines that this notice procedure fully complied with California Code of Civil Procedure section 382 and California Rule of Court 3.769, was the best notice practicable, afforded adequate protections to Settlement Class Members, and provides the basis for the Court to make an informed decision regarding approval of the Settlement based on the responses of Settlement Class Members. The Court finds and determines that the notice provided in this case was the best notice practicable, which satisfied the requirements of law and due process. 8. No Settlement Class Members objected to the Settlement. 9. The Settlement Class Members who have elected not to participate in the Settlement shall not be bound by the Settlement or the Judgment, except that if they are members of the PAGA Group, they will receive payment from the PAGA Group Payment and will be bound by and release all Released PAGA Claims. 10. For the reasons stated in the Preliminary Approval Order, the Court finds and determines that the terms of the Settlement are fair, reasonable and adequate to each Settlement Class Member and that the Settlement Class Members will be bound by the Settlement, that the Settlement is ordered finally approved, and that all terms and provisions of the Settlement should be and hereby are ordered to be consummated. 11. The Court finds and determines that the all-inclusive Gross Settlement Value in the amount of $2,180,800.001 and the settlement payments to be paid to the Settlement Class Members under the Settlement are fair and reasonable. The Court hereby grants final approval to and orders the payment of those amounts from the Net Settlement Value to the Settlement Class Members in accordance with the Agreement. 12. Pursuant to this Court's July 20, 2022 order amending the settlement notice process, only Settlement Class Members for whom the Claims Administrator has social security numbers will receive settlement payments. Any settlement amounts allocated to Settlement Class Members that cannot be paid to them because their social security numbers remain unknown will be added pro-rata to the settlement payments made to Settlement Class Members whose social security numbers are known. Any Settlement Class Members who do not receive settlement checks because their social security numbers remain unknown will still be bound by the release of Released Class Claims in the Settlement, unless they timely and properly requested exclusion from the Settlement, and, if they are members of the PAGA Group, they will still be bound by the release of Released PAGA Claims in the Settlement, regardless of whether they timely and properly requested exclusion from the Settlement. 13. The Court finds and determines that the Claims Administrator's costs for administrating the Settlement, in the amount of $30,000 are fair and reasonable. The Court hereby grants final approval to and orders that the payment of that amount be paid out of the Gross Settlement Value to the Settlement Administrator in accordance with the Agreement. 14. The Court finds and determines that the request by Plaintiffs for the Enhancement Awards is fair and reasonable and hereby orders that the requested payments in the amount of $10,000.00 each be paid to Plaintiff Lakisha Lawson and Plaintiff Nahrain Karam out of the Gross Settlement Amount. 15. The Court further finds and determines that the request by Class Counsel for attorneys' fees is fair and reasonable and hereby orders that $763,280.00 (35% of the Gross Settlement Value) be paid to Shakouri Law Firm out of the Gross Settlement Value. 16. The Court also finds and determines that the request by Class Counsel for litigation costs and expenses is fair and reasonable and hereby orders that $24,605 be paid to Shakouri Law Firm out of the Gross Settlement Value. 17. The Court finds and determines that the amount allocated to the PAGA Payment for settlement of Plaintiffs' PAGA claims under Labor Code Section 2698 et seq, in the amount of $50,000 is fair and reasonable and hereby orders that pursuant to the requirements of Labor Code 2699(i), $37,500.00 (i.e., 75% of the PAGA Payment) be paid to the LWDA as the LWDA's share of the settlement of civil penalties and $12,500.00 (i.e., 25% of the PAGA Payment) be distributed to the PAGA Group. The Court hereby grants final approval to and orders that the payment of these amounts be made from the Gross Settlement Value to the Settlement Administrator at the same time payments are made to the Settlement Class under the 18. Upon the Effective Date, any person who is a Settlement Class Member of the Settlement Class who did not timely and validly excluded themselves from the Settlement shall be deemed to have fully and finally released Defendant, and all of its respective past and present employees, directors, officers, attorneys, representatives, insurers, agents, parents, subsidiaries, affiliates, related companies, predecessors, successors, lessees, and assigns, and any entity that could be jointly liable with any of these ("Defendant Releasees") from, or in any way relate to any and all claims and allegations in this Action, as set forth in any and all pleadings in this Action, as well as any and all claims and allegations that could have been raised in this Action, which include, by way of description, but not by way of limitation, claims on behalf of the Settlement Class alleging that Defendant misclassified Settlement Class Members as independent contractors, failed to provide Settlement Class Members with legally compliant meal periods, failed to provide Settlement Class Members with legally compliant rest breaks, failed to provide Settlement Class Members with all wages due, including minimum wages, regular wages, and overtime wages, failed to provide Settlement Class Members with compliant wage statements, and failed to timely pay Settlement Class Members all wages due upon termination, as well as any other claims under constitutional, statutory, and/or common law any way related to any of the claims described herein ("Released Class Claims"). Released Class Claims shall include claims under the FLSA, and the settlement check provided to each Settlement Class Member shall include a notation indicating that by cashing or depositing the settlement check the Settlement Class Member shall opt in to a settlement of FLSA claims. Upon the Effective Date, the PAGA Group shall release all Released PAGA Claims, irrespective of whether they opted-out of the class settlement, and will be bound by the PAGA Release. The Released PAGA Claims are defined as all actions, causes of action, suits, liabilities, claims, and demands under the California Labor Code Private Attorneys' General Act (i.e., PAGA), whether known or unknown, which the PAGA Group or individual members thereof, has, had, or hereafter may claim to have, against Defendant Releasees, or any of them, which arose during the PAGA Period and are based on, arise from, or in any way relate to any and all claims and allegations in this Action, as set forth in any and all pleadings in this Action, as well as any and all claims and allegations that could have been raised in this Action, which include, by way of description, but not by way of limitation, claims under PAGA on behalf of PAGA Group alleging that Defendant misclassified members of the PAGA Group as independent contractors, failed to provide them with legally compliant meal periods, failed to provide them with legally compliant rest breaks, failed to provide them with all wages due, including minimum wages, regular wages, and overtime wages, failed to provide them with compliant wage statements, and failed to timely pay them all wages due upon termination, as well as any other claims under PAGA any way related to any of the claims described herein ("Released PAGA Claims"). 19. Members of the Settlement Class who cash or depose their settlement checks will indicate their desire to opt-in to a class settlement of claims under the Fair Labor Standards Act ("FLSA"). Accordingly, the cashing and/or deposit of their settlement checks shall constitute binding and irrefutable evidence that the Settlement Class Member in question desired and intended to, and did, opt in to an FLSA settlement and released all claims under the Fair Labor Standards Act of 1938, as amended. 20. All Settlement Class Members (including, without limitation, the Named Plaintiffs and the PAGA Group) intend and/or are deemed to intend that the Settlement should be effective as a bar to any and all of the Released Class Claims, Released PAGA Claims, and Released Named Plaintiffs' Claims (collectively "Released Claims"). In furtherance of this intention, the Settlement Class (including, without limitation, the Named Plaintiffs and the PAGA Group) expressly waives any and all rights or benefits conferred on Settlement Class Members by the provisions of Section 1542 of the California Civil Code, or any similar provisions under state, federal, or local law with respect to the Released Claims only. California Civil Code Section 1542 provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. As to the Released Claims, all Settlement Class Members (including, without limitation, the Named Plaintiffs and the PAGA Group) understand fully the statutory language of California Civil Code Section 1542, and, with this understanding, assume all risks for claims released hereunder that have already arisen or may in the future arise, whether known or unknown, suspected or unsuspected, and specifically waive all rights they may have under California Civil Code 1542, or any similar provision under state, federal, or local law with respect to the Released Claims only. The Settlement Class Members (including, without limitation, the Named Plaintiffs and the PAGA Group) understand that, if any of the facts relating in any manner to this Action, or to the release and dismissal of claims as provided in this Agreement, are hereafter found to be other than or different from the facts now believed to be true, they have expressly accepted and assumed that risk and agree that this Agreement and the release of the Released Claims shall nevertheless remain effective. As to the Released Claims, the Settlement Class (including, without limitation, the Named Plaintiffs and the PAGA Group) desires and intends, or is deemed to desire and intend, that this Agreement shall be given full force and effect according to each and all of its express terms and provisions. 21. Nothing in this Order shall preclude any action to enforce the Parties' obligations under the Settlement or under this Order, including the requirement that Defendant make payment in accordance with the Agreement. 22. The Parties entered into the Settlement solely for the purpose of compromising and settling disputed claims. Defendant in no way admits any violation of law or any liability whatsoever to Plaintiffs and the Settlement Class, individually or collectively, all such liability being expressly denied by Defendant. 23. By means of this Final Approval Order, this Court hereby enters final judgment in this Action. 24. Without affecting the finality of this Final Approval Order and Judgment in any way, the Court retains jurisdiction of all matters relating to the interpretation, administration, implementation, effectuation and enforcement of this Order and the Settlement under Code of Civil Procedure 664.6. 25. The Parties are hereby ordered to comply with the terms of the Agreement. The parties, however, are hereby authorized, without needing further approval from the Court, to agree to and adopt such amendments to, and modifications and expansions of, the Settlement, as are in writing and signed by the parties' counsel and are consistent with this Final Approval Order. 26. Judgment is hereby entered in this Action in accordance with the foregoing Order and in accordance with the terms and conditions in the Settlement. Upon the Effective Date set forth in the Agreement, this Action is dismissed with prejudice, with each Party to bear its own costs and attorneys' fees except as provided by the Settlement. |
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| November 08, 2022 | Docket Event |
Final Approval Hearing on Class Action Settlement 11/08/2022 Motion for Fees - Pre-Disposition (CL/CV) UNOPPOSED MOTION AND MOTION FOR AWARD OF ATTORNEYS' FEES; LITIGATION EXPENSES; AND ENHANCEMENT AWARDS |
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| November 08, 2022 | Docket Event |
Final Approval Hearing on Class Action Settlement 11/08/2022 Final Approval Hearing on Class Action Settlement Set per 5/16/2022 Order - filed 10/17/22 UNOPPOSED MOTION AND MOTION FOR FINAL APPROVAL OF CLASS AND PAGA SETTLEMENT |
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| November 08, 2022 | Hearing |
Judgment Order Granting Final Approval To Class Action Settlement And Application For Attorneys Fees; Litigation Expenses, And Enhancement Awards; And Final Judgment Thereon... Having received and considered the Settlement, the supporting papers filed by the Parties, and the evidence and argument received by the Court before entering the Preliminary Approval Order and at the Final Approval Hearing, the Court grants final approval of the Settlement, enters this Final Approval Order and Judgment ("Order"), and HEREBY ORDERS and MAKES DETERMINATIONS as follows: 1. The Settlement and any exhibits hereto shall be incorporated into this Order as though all terms therein are set forth in full. Except as otherwise specified herein, the Court for purposes of this Final Approval Order and Judgment adopts all defined terms set forth in the Agreement. 2. The Court has jurisdiction over this Action, all parties involved, the Named Plaintiffs, Defendant, and the Settlement Class Members. 3. The Court preliminarily found class certification appropriate for settlement purposes only. The Court now finds final certification of the Settlement Class appropriate for settlement purposes only and grants final certification of the Settlement Class. The Settlement Class is defined as all individuals who Defendant classified as "independent contractors" and referred to work at any healthcare facility inside California at any time from January 27, 2017 through May 16, 2022 (the "Class Period"). The Settlement Class does not include the six (6) individuals who submitted valid and timely Requests for Exclusion from the Settlement. The Court finds that this action and the Settlement satisfy the requirements of California Code of Civil Procedure section 382, and further finds that the Settlement Class has at all times been adequately represented by the Named Plaintiffs and Class Counsel. 4. The "PAGA Group" means all individuals who Defendant classified as "independent contractors" and referred to work at any healthcare facility inside California at any time from January 27, 2020 through May 16, 2022 (the "PAGA Period"). 5. Pursuant to the Preliminary Approval Order, as well as the order amending the notice process on July 20, 2022, the Notice of Proposed Class Action Settlement ("Settlement Notice") was sent to each Settlement Class Member by first-class mail. The Settlement Notice adequately informed Settlement Class Members of the terms of the Settlement, their right to receive a share of the Settlement, their right to comment on or object to the Settlement and/or the requested attorneys' fees and litigation expenses, their right to elect not to participate in the Settlement and pursue their own remedies, and their right to appear in person and/or by counsel at the Final Approval Hearing and be heard regarding approval of the Settlement. Adequate periods of time were provided by each of these procedures. In addition, adequate follow-up efforts were made to send the Settlement Notice to those individuals whose original Settlement Notice was returned as undeliverable. 6. Pursuant to this Court's July 20, 2022 order amending the settlement notice process, reasonable efforts were also taken to obtain the social security numbers of the 864 Settlement Class Members for whom the Claims Administrator did not have social security numbers. Along with those Settlement Class Members' Settlement Notice, the Claims Administrator sent them a letter stating that the Settlement Class Members would need to provide their social security numbers to the Claims Administrator to receive settlement payments, requested that the Settlement Class Members provide their social security numbers to the Claims Administrator, and provided different options for doing so. Pursuant to this process, the Claims Administrator received the social security numbers of 29 Settlement Class Members. 7. The Court finds and determines that this notice procedure fully complied with California Code of Civil Procedure section 382 and California Rule of Court 3.769, was the best notice practicable, afforded adequate protections to Settlement Class Members, and provides the basis for the Court to make an informed decision regarding approval of the Settlement based on the responses of Settlement Class Members. The Court finds and determines that the notice provided in this case was the best notice practicable, which satisfied the requirements of law and due process. 8. No Settlement Class Members objected to the Settlement. 9. The Settlement Class Members who have elected not to participate in the Settlement shall not be bound by the Settlement or the Judgment, except that if they are members of the PAGA Group, they will receive payment from the PAGA Group Payment and will be bound by and release all Released PAGA Claims. 10. For the reasons stated in the Preliminary Approval Order, the Court finds and determines that the terms of the Settlement are fair, reasonable and adequate to each Settlement Class Member and that the Settlement Class Members will be bound by the Settlement, that the Settlement is ordered finally approved, and that all terms and provisions of the Settlement should be and hereby are ordered to be consummated. 11. The Court finds and determines that the all-inclusive Gross Settlement Value in the amount of $2,180,800.001 and the settlement payments to be paid to the Settlement Class Members under the Settlement are fair and reasonable. The Court hereby grants final approval to and orders the payment of those amounts from the Net Settlement Value to the Settlement Class Members in accordance with the Agreement. 12. Pursuant to this Court's July 20, 2022 order amending the settlement notice process, only Settlement Class Members for whom the Claims Administrator has social security numbers will receive settlement payments. Any settlement amounts allocated to Settlement Class Members that cannot be paid to them because their social security numbers remain unknown will be added pro-rata to the settlement payments made to Settlement Class Members whose social security numbers are known. Any Settlement Class Members who do not receive settlement checks because their social security numbers remain unknown will still be bound by the release of Released Class Claims in the Settlement, unless they timely and properly requested exclusion from the Settlement, and, if they are members of the PAGA Group, they will still be bound by the release of Released PAGA Claims in the Settlement, regardless of whether they timely and properly requested exclusion from the Settlement. 13. The Court finds and determines that the Claims Administrator's costs for administrating the Settlement, in the amount of $30,000 are fair and reasonable. The Court hereby grants final approval to and orders that the payment of that amount be paid out of the Gross Settlement Value to the Settlement Administrator in accordance with the Agreement. 14. The Court finds and determines that the request by Plaintiffs for the Enhancement Awards is fair and reasonable and hereby orders that the requested payments in the amount of $10,000.00 each be paid to Plaintiff Lakisha Lawson and Plaintiff Nahrain Karam out of the Gross Settlement Amount. 15. The Court further finds and determines that the request by Class Counsel for attorneys' fees is fair and reasonable and hereby orders that $763,280.00 (35% of the Gross Settlement Value) be paid to Shakouri Law Firm out of the Gross Settlement Value. 16. The Court also finds and determines that the request by Class Counsel for litigation costs and expenses is fair and reasonable and hereby orders that $24,605 be paid to Shakouri Law Firm out of the Gross Settlement Value. 17. The Court finds and determines that the amount allocated to the PAGA Payment for settlement of Plaintiffs' PAGA claims under Labor Code Section 2698 et seq, in the amount of $50,000 is fair and reasonable and hereby orders that pursuant to the requirements of Labor Code 2699(i), $37,500.00 (i.e., 75% of the PAGA Payment) be paid to the LWDA as the LWDA's share of the settlement of civil penalties and $12,500.00 (i.e., 25% of the PAGA Payment) be distributed to the PAGA Group. The Court hereby grants final approval to and orders that the payment of these amounts be made from the Gross Settlement Value to the Settlement Administrator at the same time payments are made to the Settlement Class under the 18. Upon the Effective Date, any person who is a Settlement Class Member of the Settlement Class who did not timely and validly excluded themselves from the Settlement shall be deemed to have fully and finally released Defendant, and all of its respective past and present employees, directors, officers, attorneys, representatives, insurers, agents, parents, subsidiaries, affiliates, related companies, predecessors, successors, lessees, and assigns, and any entity that could be jointly liable with any of these ("Defendant Releasees") from, or in any way relate to any and all claims and allegations in this Action, as set forth in any and all pleadings in this Action, as well as any and all claims and allegations that could have been raised in this Action, which include, by way of description, but not by way of limitation, claims on behalf of the Settlement Class alleging that Defendant misclassified Settlement Class Members as independent contractors, failed to provide Settlement Class Members with legally compliant meal periods, failed to provide Settlement Class Members with legally compliant rest breaks, failed to provide Settlement Class Members with all wages due, including minimum wages, regular wages, and overtime wages, failed to provide Settlement Class Members with compliant wage statements, and failed to timely pay Settlement Class Members all wages due upon termination, as well as any other claims under constitutional, statutory, and/or common law any way related to any of the claims described herein ("Released Class Claims"). Released Class Claims shall include claims under the FLSA, and the settlement check provided to each Settlement Class Member shall include a notation indicating that by cashing or depositing the settlement check the Settlement Class Member shall opt in to a settlement of FLSA claims. Upon the Effective Date, the PAGA Group shall release all Released PAGA Claims, irrespective of whether they opted-out of the class settlement, and will be bound by the PAGA Release. The Released PAGA Claims are defined as all actions, causes of action, suits, liabilities, claims, and demands under the California Labor Code Private Attorneys' General Act (i.e., PAGA), whether known or unknown, which the PAGA Group or individual members thereof, has, had, or hereafter may claim to have, against Defendant Releasees, or any of them, which arose during the PAGA Period and are based on, arise from, or in any way relate to any and all claims and allegations in this Action, as set forth in any and all pleadings in this Action, as well as any and all claims and allegations that could have been raised in this Action, which include, by way of description, but not by way of limitation, claims under PAGA on behalf of PAGA Group alleging that Defendant misclassified members of the PAGA Group as independent contractors, failed to provide them with legally compliant meal periods, failed to provide them with legally compliant rest breaks, failed to provide them with all wages due, including minimum wages, regular wages, and overtime wages, failed to provide them with compliant wage statements, and failed to timely pay them all wages due upon termination, as well as any other claims under PAGA any way related to any of the claims described herein ("Released PAGA Claims"). 19. Members of the Settlement Class who cash or depose their settlement checks will indicate their desire to opt-in to a class settlement of claims under the Fair Labor Standards Act ("FLSA"). Accordingly, the cashing and/or deposit of their settlement checks shall constitute binding and irrefutable evidence that the Settlement Class Member in question desired and intended to, and did, opt in to an FLSA settlement and released all claims under the Fair Labor Standards Act of 1938, as amended. 20. All Settlement Class Members (including, without limitation, the Named Plaintiffs and the PAGA Group) intend and/or are deemed to intend that the Settlement should be effective as a bar to any and all of the Released Class Claims, Released PAGA Claims, and Released Named Plaintiffs' Claims (collectively "Released Claims"). In furtherance of this intention, the Settlement Class (including, without limitation, the Named Plaintiffs and the PAGA Group) expressly waives any and all rights or benefits conferred on Settlement Class Members by the provisions of Section 1542 of the California Civil Code, or any similar provisions under state, federal, or local law with respect to the Released Claims only. California Civil Code Section 1542 provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. As to the Released Claims, all Settlement Class Members (including, without limitation, the Named Plaintiffs and the PAGA Group) understand fully the statutory language of California Civil Code Section 1542, and, with this understanding, assume all risks for claims released hereunder that have already arisen or may in the future arise, whether known or unknown, suspected or unsuspected, and specifically waive all rights they may have under California Civil Code 1542, or any similar provision under state, federal, or local law with respect to the Released Claims only. The Settlement Class Members (including, without limitation, the Named Plaintiffs and the PAGA Group) understand that, if any of the facts relating in any manner to this Action, or to the release and dismissal of claims as provided in this Agreement, are hereafter found to be other than or different from the facts now believed to be true, they have expressly accepted and assumed that risk and agree that this Agreement and the release of the Released Claims shall nevertheless remain effective. As to the Released Claims, the Settlement Class (including, without limitation, the Named Plaintiffs and the PAGA Group) desires and intends, or is deemed to desire and intend, that this Agreement shall be given full force and effect according to each and all of its express terms and provisions. 21. Nothing in this Order shall preclude any action to enforce the Parties' obligations under the Settlement or under this Order, including the requirement that Defendant make payment in accordance with the Agreement. 22. The Parties entered into the Settlement solely for the purpose of compromising and settling disputed claims. Defendant in no way admits any violation of law or any liability whatsoever to Plaintiffs and the Settlement Class, individually or collectively, all such liability being expressly denied by Defendant. 23. By means of this Final Approval Order, this Court hereby enters final judgment in this Action. 24. Without affecting the finality of this Final Approval Order and Judgment in any way, the Court retains jurisdiction of all matters relating to the interpretation, administration, implementation, effectuation and enforcement of this Order and the Settlement under Code of Civil Procedure 664.6. 25. The Parties are hereby ordered to comply with the terms of the Agreement. The parties, however, are hereby authorized, without needing further approval from the Court, to agree to and adopt such amendments to, and modifications and expansions of, the Settlement, as are in writing and signed by the parties' counsel and are consistent with this Final Approval Order. 26. Judgment is hereby entered in this Action in accordance with the foregoing Order and in accordance with the terms and conditions in the Settlement. Upon the Effective Date set forth in the Agreement, this Action is dismissed with prejudice, with each Party to bear its own costs and attorneys' fees except as provided by the Settlement. Judge: Bradshaw, J. Eric |
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| November 08, 2022 | Hearing |
Motion for Fees - Pre-Disposition (CL/CV) UNOPPOSED MOTION AND MOTION FOR AWARD OF ATTORNEYS' FEES; LITIGATION EXPENSES; AND ENHANCEMENT AWARDS Judge: Bradshaw, J. Eric |
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| November 08, 2022 | Hearing |
Final Approval Hearing on Class Action Settlement Set per 5/16/2022 Order - filed 10/17/22 UNOPPOSED MOTION AND MOTION FOR FINAL APPROVAL OF CLASS AND PAGA SETTLEMENT Judge: Bradshaw, J. Eric |
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| November 08, 2022 | Docket Event | Notice of Remote Appearance | |
| November 07, 2022 | Docket Event | Notice of Remote Appearance (RA-010) | |
| October 17, 2022 | Docket Event |
Notice of Motion Notice Of Unopposed Motion And Motion For Award Of Attorneys Fees; Litigation Expenses; And Enhancement Awards |
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| October 17, 2022 | Docket Event | Declaration Of Plaintiff Nahrain Karam In Support Of Plaintiffs Unopposed Motion For Final Approval Of Class And Representative Action Settlement |
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