Preview
1
2
3
4
5
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
6
COUNTY OF KERN
7
8
LAKISHA LAWSON, NAHRAIN KARAM, Case No. BCV-21-102508
9 on behalf of themselves and others similarly
situated, [PROPOSED] ORDER GRANTING
10 PRELIMINARY APPROVAL TO
CLASS ACTION SETTLEMENT
11 Plaintiffs,
12
v.
13
TWOMAGNETS INC., and DOES 1-20, Compl. Filed: January 27, 2021
14 inclusive
15 Defendants.
16
17 The Court has before it the joint stipulation by Plaintiffs Lakisha Lawson and Nahrain
18 Karam (collectively, “Plaintiffs”) and Defendant Twomagnets, Inc. (doing business as Clipboard
19 Health) (“Defendant”) for preliminary approval of a proposed class action settlement and
20 settlement of claims for penalties under the California Labor Code Private Attorneys General Act
21 (“PAGA”). Unless otherwise specified, all capitalized terms in this Order shall have the same
22 meaning given to those terms in the Stipulation.
23 After reviewing the parties’ written submissions and after hearing arguments of counsel, the
24 Court hereby finds and orders as follows:
25 1. The Court finds on a preliminary basis that the settlement memorialized in the Joint
26 Stipulation of Class Action Settlement and Release (“Stipulation”) and filed with the Court, falls
27 within the range of reasonableness and therefore meets the requirements for preliminary approval.
28 The Stipulation sets out the terms upon which Defendant will settle all claims which have been
-1-
1 brought against it in this matter.
2 2. Settlement Class. The Court finds, for purposes of settlement only, that the
3 Settlement Class as defined in the Stipulation meets the requirements for certification under
4 California law, and therefore conditionally certifies for settlement purposes only the following
5 class:
All individuals who Defendant classified as “independent contractors” and referred
6 to work at any healthcare facility inside California at any time from January 27,
7 2017, through the date of the Court’s order granting preliminary approval of the
Settlement (the “Settlement Class”).
8
9 The parties approximated that, as of May 3, 2022, there were 6,500 to 7,000 Settlement Class
10 Members and 225,000 to 250,000 shifts during the Class Period. The parties will update these
11 numbers through the date of this Order in accordance with the terms of the Settlement Agreement.
12
3. PAGA Group. A subset of the Settlement Class that is defined as the “PAGA
13
Group” in the Stipulation will be entitled to receive the “PAGA Group Payment” under the terms of
14
the Stipulation, in settlement of their PAGA claims. The Court finds on a preliminary basis that the
15
allocation of funds in settlement for such PAGA claims falls within the range of reasonableness and
16
therefore meets the requirements for preliminary approval. The Court preliminarily accepts the
17
parties’ definition of the PAGA Group, for settlement purposes only, as follows:
18
All individuals who Defendant classified as “independent contractors” and referred
19 to work at any healthcare facility inside California at any time from January 27,
2020, through the date of the Court’s order granting preliminary approval of the
20 Settlement.
21 4. Appointment of Class Representative. The Court appoints, for settlement
22 purposes only, Plaintiffs Lakisha Lawson and Nahrain Karam as Class Representatives.
23 5. Appointment of Class Counsel. The Court appoints, for settlement purposes only,
24 Ashkan Shakouri, Esq., State Bar Number 242072, and Sharon W. Lin, State Bar Number 260443,
25 of Shakouri Law Firm, located at 11601 Wilshire Boulevard, Fifth Floor, Los Angeles, California,
26 90025, as counsel for the Settlement Class and the PAGA Group (“Class Counsel”).
27 6. Claims Administrator and Notice. The Settling Parties shall retain the services of
28 ILYM Group, Inc. for the administration of the Settlement, and said entity is hereby appointed
-2-
1 Claims Administrator. As described in the Stipulation, Defendant shall provide the Claims
2 Administrator with the Class Member Contact Information, as specified in the Stipulation, no later
3 than 21 calendar days after the date of entry of this Order. As described in the Stipulation, by no
4 later than ten (10) calendar days after receiving the Class Member Contact Information, the Claims
5 Administrator shall provide notice of settlement (“Settlement Notice”) to all Settlement Class
6 members (including members of the PAGA Group) by first class U.S. mail to their last known
7 address according to the information that Defendant will provide to the Claims Administrator
8 pursuant to the Stipulation. The Settlement Notice shall substantively be in the form lodged as
9 Exhibit A to the Stipulation. The Court finds that the content and schedule of the mailings
10 discussed in this Order meet the requirements of due process, provide the best notice practicable,
11 and will constitute sufficient notice to Settlement Class members.
12 7. Exclusions. Settlement Class members may exclude themselves from the
13 Settlement Class, relinquishing their rights to their individual class settlement payments (but not
14 their Individual PAGA Payments) by sending to the Claims Administrator by U.S. mail a written
15 “Request for Exclusion,” as described in the Settlement Notice. Pursuant to the terms of the
16 Stipulation, all Settlement Class members will be bound by the Stipulation and its release unless
17 they timely file a proper Request for Exclusion. A Settlement Class member who opts out of the
18 Settlement will not release his or her claims pursuant to the Stipulation, except for Released PAGA
19 Claims, as defined in the Stipulation, whether or not the Settlement Class Member opts out of the
20 Settlement.
21 8. No Admissions. Neither this Order nor the Stipulation, nor any of their terms or
22 provisions, nor any of the negotiations or proceedings connected with them, shall be construed as
23 an admission or concession by Defendant of the truth of any of the allegations in this litigation, or
24 of any liability, fault, or wrongdoing of any kind.
25 9. Final Approval. The Court sets a Hearing on Final Approval for September 22,
26 2022, at 8:30 am in Department J of the Superior Court of the State of California, County of Kern,
27 located at 1415 Truxtun Ave, Bakersfield, CA, 93301.
28 a. Plaintiff must file a Motion for Final Approval of the Settlement, including any
-3-
1 Application for Attorneys’ Fees, Costs, and Expenses and Enhancement Awards,
2 with this Court by August 30, 2022.
3 b. Objections to the proposed settlement by Settlement Class members will be
4 considered by the Court ifreceived within forty-five (45) calendar days from the
5 date the Settlement Notice is first mailed.
6 c. Each Settlement Class member who objects must set forth in his or her written
7 objection: (a) his or her full name; (b) current address; (c) a written statement of his
8 or her objection(s) and the reasons for each objection; (d) a statement of whether he
9 or she intends to appear at the Final Approval Hearing (with or without counsel); (e)
10 his or her signature; and (f) the case name and case number of the Action.
11 10. The Court hereby grants preliminary approval of the Settlement as of below date of
12 this Order.
13 IT IS SO ORDERED.
14
15
Dated: ___________________
16 HON. ERIC J. BRADSHAW
Superior Court of California, County of Kern
17
18
19
20
21
22
23
24
25
26
27
28
-4-
Preview
1 2 3 4 5 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 6 COUNTY OF KERN 7 8 LAKISHA LAWSON, NAHRAIN KARAM, Case No. BCV-21-102508 9 on behalf of themselves and others similarly situated, [PROPOSED] ORDER GRANTING 10 PRELIMINARY APPROVAL TO CLASS ACTION SETTLEMENT 11 Plaintiffs, 12 v. 13 TWOMAGNETS INC., and DOES 1-20, Compl. Filed: January 27, 2021 14 inclusive 15 Defendants. 16 17 The Court has before it the joint stipulation by Plaintiffs Lakisha Lawson and Nahrain 18 Karam (collectively, “Plaintiffs”) and Defendant Twomagnets, Inc. (doing business as Clipboard 19 Health) (“Defendant”) for preliminary approval of a proposed class action settlement and 20 settlement of claims for penalties under the California Labor Code Private Attorneys General Act 21 (“PAGA”). Unless otherwise specified, all capitalized terms in this Order shall have the same 22 meaning given to those terms in the Stipulation. 23 After reviewing the parties’ written submissions and after hearing arguments of counsel, the 24 Court hereby finds and orders as follows: 25 1. The Court finds on a preliminary basis that the settlement memorialized in the Joint 26 Stipulation of Class Action Settlement and Release (“Stipulation”) and filed with the Court, falls 27 within the range of reasonableness and therefore meets the requirements for preliminary approval. 28 The Stipulation sets out the terms upon which Defendant will settle all claims which have been -1- 1 brought against it in this matter. 2 2. Settlement Class. The Court finds, for purposes of settlement only, that the 3 Settlement Class as defined in the Stipulation meets the requirements for certification under 4 California law, and therefore conditionally certifies for settlement purposes only the following 5 class: All individuals who Defendant classified as “independent contractors” and referred 6 to work at any healthcare facility inside California at any time from January 27, 7 2017, through the date of the Court’s order granting preliminary approval of the Settlement (the “Settlement Class”). 8 9 The parties approximated that, as of May 3, 2022, there were 6,500 to 7,000 Settlement Class 10 Members and 225,000 to 250,000 shifts during the Class Period. The parties will update these 11 numbers through the date of this Order in accordance with the terms of the Settlement Agreement. 12 3. PAGA Group. A subset of the Settlement Class that is defined as the “PAGA 13 Group” in the Stipulation will be entitled to receive the “PAGA Group Payment” under the terms of 14 the Stipulation, in settlement of their PAGA claims. The Court finds on a preliminary basis that the 15 allocation of funds in settlement for such PAGA claims falls within the range of reasonableness and 16 therefore meets the requirements for preliminary approval. The Court preliminarily accepts the 17 parties’ definition of the PAGA Group, for settlement purposes only, as follows: 18 All individuals who Defendant classified as “independent contractors” and referred 19 to work at any healthcare facility inside California at any time from January 27, 2020, through the date of the Court’s order granting preliminary approval of the 20 Settlement. 21 4. Appointment of Class Representative. The Court appoints, for settlement 22 purposes only, Plaintiffs Lakisha Lawson and Nahrain Karam as Class Representatives. 23 5. Appointment of Class Counsel. The Court appoints, for settlement purposes only, 24 Ashkan Shakouri, Esq., State Bar Number 242072, and Sharon W. Lin, State Bar Number 260443, 25 of Shakouri Law Firm, located at 11601 Wilshire Boulevard, Fifth Floor, Los Angeles, California, 26 90025, as counsel for the Settlement Class and the PAGA Group (“Class Counsel”). 27 6. Claims Administrator and Notice. The Settling Parties shall retain the services of 28 ILYM Group, Inc. for the administration of the Settlement, and said entity is hereby appointed -2- 1 Claims Administrator. As described in the Stipulation, Defendant shall provide the Claims 2 Administrator with the Class Member Contact Information, as specified in the Stipulation, no later 3 than 21 calendar days after the date of entry of this Order. As described in the Stipulation, by no 4 later than ten (10) calendar days after receiving the Class Member Contact Information, the Claims 5 Administrator shall provide notice of settlement (“Settlement Notice”) to all Settlement Class 6 members (including members of the PAGA Group) by first class U.S. mail to their last known 7 address according to the information that Defendant will provide to the Claims Administrator 8 pursuant to the Stipulation. The Settlement Notice shall substantively be in the form lodged as 9 Exhibit A to the Stipulation. The Court finds that the content and schedule of the mailings 10 discussed in this Order meet the requirements of due process, provide the best notice practicable, 11 and will constitute sufficient notice to Settlement Class members. 12 7. Exclusions. Settlement Class members may exclude themselves from the 13 Settlement Class, relinquishing their rights to their individual class settlement payments (but not 14 their Individual PAGA Payments) by sending to the Claims Administrator by U.S. mail a written 15 “Request for Exclusion,” as described in the Settlement Notice. Pursuant to the terms of the 16 Stipulation, all Settlement Class members will be bound by the Stipulation and its release unless 17 they timely file a proper Request for Exclusion. A Settlement Class member who opts out of the 18 Settlement will not release his or her claims pursuant to the Stipulation, except for Released PAGA 19 Claims, as defined in the Stipulation, whether or not the Settlement Class Member opts out of the 20 Settlement. 21 8. No Admissions. Neither this Order nor the Stipulation, nor any of their terms or 22 provisions, nor any of the negotiations or proceedings connected with them, shall be construed as 23 an admission or concession by Defendant of the truth of any of the allegations in this litigation, or 24 of any liability, fault, or wrongdoing of any kind. 25 9. Final Approval. The Court sets a Hearing on Final Approval for September 22, 26 2022, at 8:30 am in Department J of the Superior Court of the State of California, County of Kern, 27 located at 1415 Truxtun Ave, Bakersfield, CA, 93301. 28 a. Plaintiff must file a Motion for Final Approval of the Settlement, including any -3- 1 Application for Attorneys’ Fees, Costs, and Expenses and Enhancement Awards, 2 with this Court by August 30, 2022. 3 b. Objections to the proposed settlement by Settlement Class members will be 4 considered by the Court ifreceived within forty-five (45) calendar days from the 5 date the Settlement Notice is first mailed. 6 c. Each Settlement Class member who objects must set forth in his or her written 7 objection: (a) his or her full name; (b) current address; (c) a written statement of his 8 or her objection(s) and the reasons for each objection; (d) a statement of whether he 9 or she intends to appear at the Final Approval Hearing (with or without counsel); (e) 10 his or her signature; and (f) the case name and case number of the Action. 11 10. The Court hereby grants preliminary approval of the Settlement as of below date of 12 this Order. 13 IT IS SO ORDERED. 14 15 Dated: ___________________ 16 HON. ERIC J. BRADSHAW Superior Court of California, County of Kern 17 18 19 20 21 22 23 24 25 26 27 28 -4-