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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SACRAMENTO (UNLIMITED)
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JOHN BOUDREAU, an individual, on behalfof Case No. 34-2018-00247272
himself and all others similarly situated, CompIaintFiled: 12-27-18
Assigned to Dept. 41, Hon. David de Alba
LL13 Plaintiffs,
[PROPOSED] ORDER
vs.
15 PRIMERITUS FINANCIAL SERVICES, INC.,
a Delaware Corporation; CHRIS
0)I MCGUINNESS, an individual; and DOES 1
through 10, inclusive.
^16
'17 Defendants.
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WHEREAS, the Court has been advised that the parties to this action have agreed, subject to Court
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approval following a hearing, to settle this certified class action upon the terms and conditions set forth in the
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Stipulation of Settlement' (the "Settlement"); and
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WHEREAS Plaintiff John Boudreau approves of the Settlement; and
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WHEREAS Defendant PRIMERITUS FINANCIAL SERVICES, INC. ("Defendant") approves of
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26 the Settlement;
' »A copy of the Settlement is attached as Exhibit A to the Declaration of Alejandro P. Gutierrez,filedconcurrently with the
PlJaintifFs Motion for Preliminary Approval of Class and PAGA Action Settlement.
82 [Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT
1 NOW, THEREFORE, this matter having come before this Court, with Hathaway, Perrett, Webster,
2 Powers, Chrisman & Gutierrez, APC and Palay Hefelfinger, APC as Class Counsel spearing for PlaintiflF and
3 Littler Mendelson et al. spearing for Defendant, having considered all briefs, evidence, and argument
4 regarding Plaintiff's Motion for Preliminary Approval of Qass and PAGA Action Settlement, which
5 Defendant has not opposed, and for good cause spearing therefor,
6 IT IS HEREBY ORDERED that as foUows:
7 (1) Plaintiffs Motion is GRANTED as set forth herein.
8 (2) Upon preliminary examination, that the settlement set forth therein is within the range of
9 reasonableness, and that a hearing should and will be held after notice to die Settlement Class to confirm that
10 the Settlement is far, adequate, and reasonable, and to determine whether a Judgment should be entered in this
11 action based thereoa
12 (3) This Order Granting Preliminary Approval of Class and PAGA Action Settlement
13 ("Preliminary Approval Order"), hereby incorporates by reference the definitions in the Settlement, and all
14 terms used herein shall have the same meanings as set forth in &at Settlement.
15 (4) The Court hereby GRANTS preliminary approval of the Settlement. The Settiement Qass is
16 described as:
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18 "All non-exempt current and former employees of Primeritus Financial Services, Inc.
who were employed in Califomia between December 27,2014 to August 10, 2019, who
19 held the position of Investigator/skip tracer, and participated in the Incentive Pay Plan
that was the subject of the Action."
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21 (5) This Court preliminarily approves the Settlement as set forth therein and finds that the
22 Settlement is wilhin the range of reasonableness as to Class Members and Defendant, was reached after
23 substantial investigation and discovery, and is the product of good faith, arm's-length negotiations between the
24 parties. This Courtfindsthat the proposed release is appropriately tailored to the claims at-issue and that the
25 allocation of payment among wages, penalties, and interest for tax purposes is reasonable.
26 (6) The Court ^proves the Notice of Class Action Settlement, in the general form attached to the
27 Joint Stipulation of Settiement (the "Notice"). The Notice provides information on the meaning and nature of
28 the Settiement Qass, tiie terms and provisions of the Settlement, the manner in which payments to class
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[Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT
1 members will be calculated, the application of PlaintifPs counsel for reimbursement of costs and attomey's
2 fees, the Representative Plaintiff's request for an incentive award, the date, time, and place of the final
3 approval/final faimess hearing, the procedures and deadlines for requesting exclusion fiom the Settlement
4 Class and/or objecting to the Settlement The Noticefiillycomplies with the requirements of Califomia law
5 and due process, constitutes the best notice practicable undertiiecircumstances, and is due and suflficient
6 notice to all persons entitied to notice of the Settiement of the instant action.
7 (7) The Notice shall be provided to the members of the Settlement Class in the following manner:
8 a. Within fourteen (14) days of Preliminary Aproval of the Settlement, Defendant
9 shall provide the Settlement Administrator with the names, most current mailing address and telephone
10 number, social security number, and the respective Individual Shifts at Issue and the number of pay
11 periods worked by each PAGA Employee in the PAGA Period in a readable MS Excel spreadsheet
12 (collectively "Class List and Data").
13 b. Within fourteen (14) calendar days after receipt of the Class List and Data, the
14 Settlement Administrator shall mail the Notice Packet to the Class Members and PAGA Employees via
15 first class regular U.S. mail. Prior to mailing, the Settlement Administrator will perform a search based
16 on the National Change of Address Database information to update and correct for any known or
17 identifiable address changes. It will be conclusively presumed that, if an envelope containing the Class
18 Notice has not been retumed before the end of the 45-day opt-out period, the Class Member and/or
19 PAGA Employee received the Notice. If a new address is obtained by a way of a returned Notice
20 Packet, then the Settlement Administrator shall promptly forward the original Notice Packet to the
21 updated address viafirst-classregular U.S. mail indicating on the original Notice Packet the date of
22 such re-mailing. Where a Notice Packet is retumed as undeliverable, without a forwarding address, the
23 Settlement Administrator will perform a computer/SSN and "skip trace" search to obtain an updated
24 address within three (3) court days of receiving the noticefi'omthe U.S. Post Office. If a new address is
25 obtained by a way of a retumed Notice Packet or skip trace, then the Settlement Administrator shall
26 promptly forward the original Notice Packet (no later than 3 court days of receiving the undeliverable notice
27 or obtaining the skip trace results) to the new address viafirstclass regular U.S mail.
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[Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT
1 c. Those Class Members and/or PAGA Employees who were re-mailed the Notice
2 Packet will be given additional ten (10) calendar days after the 45-day deadline. The Parties agree to
3 cooperate with the Settlement Administrator to locate a more recent address for Class Members and/or
4 PAGA Employees, where necessary. The Notice will include, but shall not be limited to: information
5 regarding the nature of the Lawsuit; a summary of the substance of the Settlement; the Class definition; a
6 description of the Settlement administration, procedure, and the deadline for eligible Class Members (i.e.
7 Omitted Individuals) to submit Opt-Out Forms and members of the original group of 162 employees to
8 submit objections; the date for the Final Approval Hearing; and the formula used to calculate Total
9 Individual Class Settlement Payments and Individual PAGA Payment.
10 d. The Notice shall also include thetimeperiod during which the Class Member and/or
11 PAGA Employee worked during the Class Period and/or PAGA Period (according to Defendant's
12 timekeeping and/or payroll records) and the Class Member's and/or PAGA Employee's estimated Total
13 Individual Class Settlement Payment and/or Individual PAGA Payment, and shall afford the Class Member
14 and/or PAGA Employee the opportunity to challenge the number of Individual Shifts at Issue and/or payroll
15 periods reflected in Defendant's timekeeping and payroll records, and to provide evidence supporting any
16 such challenge.
17 e. If a Class Member is not also a PAGA Employee, the Notice will inform the Class
18 Member of that fact and explam that, based on the dates of employment (or time in the requisite position),
19 the employees is not eUgible for a PAGA Payment. An Opt-Out Form shall allow the recipient Omitted
20 Individual(s), if any, to elect exclusion from the settlement of the Released Class Claims but does not
21 exclude a PAGA Employeefromthe settlement of the Released PAGA Claims. Compliance with the notice
22 procedures specified in this Settlement Agreement shall constitute due and sufficient notice to Class
23 Members and PAGA Employees of this Settlement and shall satisfy the requirements of due process.
24 f. Nothing else shall be required of, or done by, the Parties, Class Counsel, or Defense
25 Counsel to provide notice of the proposed Settlement. In the event the procedures in this Settlement
26 Agreement are followed and the intended recipient of a Notice of Settlement still does not receive the
27 Notice of Settlement, the intended recipient shall remain a Participating Class Member and/or PAGA
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[Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT
1 Employee and will be bound by all terms of the Settlement and any Final Approval Order entered by the
2 Court upon the Effective Date.
3 (8) The submission of a claim for is urmecessary to participate in the Settlement
4 a. Unless an Omitted Class Member submits a valid andtimelyOpt-Out Form to
5 the Settlement Adminisfrator by no later than forty-five (45) calendar days after the Notice Packet was
6 first mailed, the Class Member will automatically be mailed a check for his or her pro rata share of the
7 Net Settlement Amount. (However, any Settlement Class Member that received notice of class
8 certification and did not opt out does not have the option to opt out of this settlement and any attempt to
9 opt out received by such a Class Member will be disregarded.)
10 b. If an Omitted Individual Class Member does not want to participate in the Class
11 portion of this Settlement and wants to avoid being bound by the non-PAGA Settlement terms, such a
12 Class Member must sign his or her Opt-Out Form and submit it to the Settlement Adminisfrator by no
13 later than forty-five (45) calendar days after the Notice Packet wasfirstmailed. In order to object to the
14 Settlement, a Class Member must send his or her written objection to the Settlement Adminisfrator no
15 later than forty-five (45) calendar days after the Notice Packet wasfirstmailed.
16 c. Notwithstanding the submission of a timely request for exclusion, PAGA
17 Employees will still be bound by the settlement and release of the Released PAGA Claims or remedies
18 vmder the Judgment pursuant to Arias v. Superior Court, 46 Cal. 4th 969 (2009). Requests for exclusion
19 do not apply to the PAGA Claims and will not be effective to preclude the release of the PAGA
20 Claims. Any Class Member who validly opts out may not object to the Settlement.
21 d. Any Class Member who does not opt out will become a Class Participant and
22 will still be bound by the Settlement even if s/he objects to the Settlement and his/her objection is
23 overmled.
24 (9) Any dispute not resolved by the Settlement Adminisfrator conceming the adminisfration
25 of the Settlement shall be resolved by the Court.
26 (10) Not more than 30 days, but not fewer than 25 days, after mailing of the original Notice
27 Packet, the Settlement Adminisfrator shall mail one reminder postcard, which shall include the
28 estimated Total Individual Class Settlement Payment and/or Individual PAGA Payment, as well as
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[Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT
\
1 contact information for the Parties' Counsel and the Settlement Adminisfrator, to all Class Members
2 who have not yet submitted an Opt-Out Form, to remind them of the deadline. The postcard shall be
3 mailed to such Class Members viafirst-classregular U.S. Mail, using the most current mailing address
4 information then available for the Class Members.
5 (11) At least ten (10) court days prior to the Final Approval hearing, Plaintiff willfilea motion for
6 approval and judgment, any request for an attomey's fees award and/or reimbursement of Utigation costs, and
7 Representative Plaintiffs incentive award, as well as a declarationfromthe Claims Administrator showing its
8 efforts to mail the Notice and process requests for exclusion and the results thereof
9 (12) Defendant denies that it has engaged in any unlawful activity, has failed to comply with the
10 law in any respect, or has any UabiUty to anyone under the claims asserted in this litigation. Furthermore,
11 Plaintiff does not concede any of Defendant's aflfirmative defenses nor assent to any of its denials. The parties
12 entered into the Settlement solely for the purpose of reaching a compromise on highly disputed claims and
13 nothing therein is an admission of Uabiiity or wrongdoing by Defendant Neither the Settiement nor any
14 document prepared in connection with the Settlement may be admitted in any proceeding as an admission by
15 the parties, or any person within the definition of the Class.
16 (13) Thefinalapproval hearing shaU be held at a.m on , 2021, in
17 Department 41 of this Court, to determine whether the proposed Settiement is fair, adequate, reasonable, and
18 should be proved. Plaintiff's p^ers in siqjport of the Settiement, and any appUcation for award of
19 attomey's fees and costs to Qass Counsel, incentive award to the Representative Plaintiff, and claims
20 adminisfration costs to the Claims Adminisfrator, shall be filed with the Court within the timefi^e set forth in
21 paragraph 11, supra. The hearing date may be continued withoutfiirthernotice to the class.
22 (14) Should the proposed Settlement be approved, foUowing the final s^roval hearing, this Court
23 shall enter judgment in the above-captioned matter in accordance with the Settlement that wiU adjudicate the
24 rights of all class members who do not opt out, including the named Plaintiff.
25 (15) The Court will consider whether to approve Class Counsel's request for attomey's fees and
26 costs, incentive awards to the Class Representative, and payment of Claims Administration expensesfromthe
27 maximum settiement amount atfinalapproval.
28 (16) All members of the Settlement Class shaU be bound by all determinations and judgments
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[Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT
1 made in accordance with the Settlement Agreement, whether favorable or unfavorable to the Settiement Class.
2 (17) Any member of the Settlement Class may enter an appearance, at his or her own expense,
3 individually or through counsel of his or her own choice at the Final Faimess Hearing. If they do not enter an
4 appearance, they will be represented by Qass Counsel.
5 (18) Any member of the Settiement Qass may appear and show cause, if he or she has any reason,
6 why the proposed settiement should or should not be approved as fair, reasonable, and adequate, or why a
7 Judgment of dismissal should or should not be entered thereon, or why attorneys' fees and costs should or
8 should not be awarded to Class Counsel in accordance withtiieSettlement Agreement; provided, however,
9 that no member of the Settlement Class or any other person shaU be heard or entitied to contest the approval of
10 the terms and conditions of the proposed settlement, or, if approved, the Judgment of dismissal to be entered
11 thereon approving the same, or, if awarded, the enhancement award to Plaintiff, unless that person has served
12 by hand or byfirstclass mail written objections and copies of any p^ers and briefs, at least 30 calendar days
13 prior to the final faimess hearing, vpon Brian D. Hefelfinger, Palay Hefelfinger APC, 1746 S. Victoria
14 Avenue, Suite 230, Ventura, CaUfomia, 93003, and filed these objections, papers and briefs with the Clerk of
15 the Superior Court of the State of CaUfomia, for the Covinty of Los Angeles. Any member of the Settlement
16 Class who does not make his or her objection in the manner provided shall be deemed to have waived siich
17 objection and shall forever be foreclosedfrommaking any objection to the faimess or adequacy of the
18 proposed settiement as incorporated in the Settlement Agreement and any award of attorneys' fees and costs
19 awarded to Class Counsel in accordance with the Settiement Agreement, unless otherwise ordered.
20 (19) The Court reserves therightto adjourn the date of the Final Faimess Hearing without further
21 notice to the members of the Settlement Class and retains jurisdiction to consider all further appUcations
22 arising out of or connected Math the proposed Settlement Agreement. The Court may approvetiieSettiement
23 Agreement, with such modifications as may be agreed to by the settUng Parties, if appropriate, without further
24 notice to the members of the Settiement Class.
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26 ITIS SO ORDERED.
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[Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT
DATED: , 2021
1 Judge of the Superior Court
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P'roposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT
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1 2 3 4 5 6 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SACRAMENTO (UNLIMITED) - 11 JOHN BOUDREAU, an individual, on behalfof Case No. 34-2018-00247272 himself and all others similarly situated, CompIaintFiled: 12-27-18 Assigned to Dept. 41, Hon. David de Alba LL13 Plaintiffs, [PROPOSED] ORDER vs. 15 PRIMERITUS FINANCIAL SERVICES, INC., a Delaware Corporation; CHRIS 0)I MCGUINNESS, an individual; and DOES 1 through 10, inclusive. ^16 '17 Defendants. 18 19 20 WHEREAS, the Court has been advised that the parties to this action have agreed, subject to Court 21 approval following a hearing, to settle this certified class action upon the terms and conditions set forth in the 22 Stipulation of Settlement' (the "Settlement"); and 23 WHEREAS Plaintiff John Boudreau approves of the Settlement; and 24 WHEREAS Defendant PRIMERITUS FINANCIAL SERVICES, INC. ("Defendant") approves of 25 26 the Settlement; ' »A copy of the Settlement is attached as Exhibit A to the Declaration of Alejandro P. Gutierrez,filedconcurrently with the PlJaintifFs Motion for Preliminary Approval of Class and PAGA Action Settlement. 82 [Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT 1 NOW, THEREFORE, this matter having come before this Court, with Hathaway, Perrett, Webster, 2 Powers, Chrisman & Gutierrez, APC and Palay Hefelfinger, APC as Class Counsel spearing for PlaintiflF and 3 Littler Mendelson et al. spearing for Defendant, having considered all briefs, evidence, and argument 4 regarding Plaintiff's Motion for Preliminary Approval of Qass and PAGA Action Settlement, which 5 Defendant has not opposed, and for good cause spearing therefor, 6 IT IS HEREBY ORDERED that as foUows: 7 (1) Plaintiffs Motion is GRANTED as set forth herein. 8 (2) Upon preliminary examination, that the settlement set forth therein is within the range of 9 reasonableness, and that a hearing should and will be held after notice to die Settlement Class to confirm that 10 the Settlement is far, adequate, and reasonable, and to determine whether a Judgment should be entered in this 11 action based thereoa 12 (3) This Order Granting Preliminary Approval of Class and PAGA Action Settlement 13 ("Preliminary Approval Order"), hereby incorporates by reference the definitions in the Settlement, and all 14 terms used herein shall have the same meanings as set forth in &at Settlement. 15 (4) The Court hereby GRANTS preliminary approval of the Settlement. The Settiement Qass is 16 described as: 17 18 "All non-exempt current and former employees of Primeritus Financial Services, Inc. who were employed in Califomia between December 27,2014 to August 10, 2019, who 19 held the position of Investigator/skip tracer, and participated in the Incentive Pay Plan that was the subject of the Action." 20 21 (5) This Court preliminarily approves the Settlement as set forth therein and finds that the 22 Settlement is wilhin the range of reasonableness as to Class Members and Defendant, was reached after 23 substantial investigation and discovery, and is the product of good faith, arm's-length negotiations between the 24 parties. This Courtfindsthat the proposed release is appropriately tailored to the claims at-issue and that the 25 allocation of payment among wages, penalties, and interest for tax purposes is reasonable. 26 (6) The Court ^proves the Notice of Class Action Settlement, in the general form attached to the 27 Joint Stipulation of Settiement (the "Notice"). The Notice provides information on the meaning and nature of 28 the Settiement Qass, tiie terms and provisions of the Settlement, the manner in which payments to class -2- [Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT 1 members will be calculated, the application of PlaintifPs counsel for reimbursement of costs and attomey's 2 fees, the Representative Plaintiff's request for an incentive award, the date, time, and place of the final 3 approval/final faimess hearing, the procedures and deadlines for requesting exclusion fiom the Settlement 4 Class and/or objecting to the Settlement The Noticefiillycomplies with the requirements of Califomia law 5 and due process, constitutes the best notice practicable undertiiecircumstances, and is due and suflficient 6 notice to all persons entitied to notice of the Settiement of the instant action. 7 (7) The Notice shall be provided to the members of the Settlement Class in the following manner: 8 a. Within fourteen (14) days of Preliminary Aproval of the Settlement, Defendant 9 shall provide the Settlement Administrator with the names, most current mailing address and telephone 10 number, social security number, and the respective Individual Shifts at Issue and the number of pay 11 periods worked by each PAGA Employee in the PAGA Period in a readable MS Excel spreadsheet 12 (collectively "Class List and Data"). 13 b. Within fourteen (14) calendar days after receipt of the Class List and Data, the 14 Settlement Administrator shall mail the Notice Packet to the Class Members and PAGA Employees via 15 first class regular U.S. mail. Prior to mailing, the Settlement Administrator will perform a search based 16 on the National Change of Address Database information to update and correct for any known or 17 identifiable address changes. It will be conclusively presumed that, if an envelope containing the Class 18 Notice has not been retumed before the end of the 45-day opt-out period, the Class Member and/or 19 PAGA Employee received the Notice. If a new address is obtained by a way of a returned Notice 20 Packet, then the Settlement Administrator shall promptly forward the original Notice Packet to the 21 updated address viafirst-classregular U.S. mail indicating on the original Notice Packet the date of 22 such re-mailing. Where a Notice Packet is retumed as undeliverable, without a forwarding address, the 23 Settlement Administrator will perform a computer/SSN and "skip trace" search to obtain an updated 24 address within three (3) court days of receiving the noticefi'omthe U.S. Post Office. If a new address is 25 obtained by a way of a retumed Notice Packet or skip trace, then the Settlement Administrator shall 26 promptly forward the original Notice Packet (no later than 3 court days of receiving the undeliverable notice 27 or obtaining the skip trace results) to the new address viafirstclass regular U.S mail. 28 [Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT 1 c. Those Class Members and/or PAGA Employees who were re-mailed the Notice 2 Packet will be given additional ten (10) calendar days after the 45-day deadline. The Parties agree to 3 cooperate with the Settlement Administrator to locate a more recent address for Class Members and/or 4 PAGA Employees, where necessary. The Notice will include, but shall not be limited to: information 5 regarding the nature of the Lawsuit; a summary of the substance of the Settlement; the Class definition; a 6 description of the Settlement administration, procedure, and the deadline for eligible Class Members (i.e. 7 Omitted Individuals) to submit Opt-Out Forms and members of the original group of 162 employees to 8 submit objections; the date for the Final Approval Hearing; and the formula used to calculate Total 9 Individual Class Settlement Payments and Individual PAGA Payment. 10 d. The Notice shall also include thetimeperiod during which the Class Member and/or 11 PAGA Employee worked during the Class Period and/or PAGA Period (according to Defendant's 12 timekeeping and/or payroll records) and the Class Member's and/or PAGA Employee's estimated Total 13 Individual Class Settlement Payment and/or Individual PAGA Payment, and shall afford the Class Member 14 and/or PAGA Employee the opportunity to challenge the number of Individual Shifts at Issue and/or payroll 15 periods reflected in Defendant's timekeeping and payroll records, and to provide evidence supporting any 16 such challenge. 17 e. If a Class Member is not also a PAGA Employee, the Notice will inform the Class 18 Member of that fact and explam that, based on the dates of employment (or time in the requisite position), 19 the employees is not eUgible for a PAGA Payment. An Opt-Out Form shall allow the recipient Omitted 20 Individual(s), if any, to elect exclusion from the settlement of the Released Class Claims but does not 21 exclude a PAGA Employeefromthe settlement of the Released PAGA Claims. Compliance with the notice 22 procedures specified in this Settlement Agreement shall constitute due and sufficient notice to Class 23 Members and PAGA Employees of this Settlement and shall satisfy the requirements of due process. 24 f. Nothing else shall be required of, or done by, the Parties, Class Counsel, or Defense 25 Counsel to provide notice of the proposed Settlement. In the event the procedures in this Settlement 26 Agreement are followed and the intended recipient of a Notice of Settlement still does not receive the 27 Notice of Settlement, the intended recipient shall remain a Participating Class Member and/or PAGA 28 -4- [Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT 1 Employee and will be bound by all terms of the Settlement and any Final Approval Order entered by the 2 Court upon the Effective Date. 3 (8) The submission of a claim for is urmecessary to participate in the Settlement 4 a. Unless an Omitted Class Member submits a valid andtimelyOpt-Out Form to 5 the Settlement Adminisfrator by no later than forty-five (45) calendar days after the Notice Packet was 6 first mailed, the Class Member will automatically be mailed a check for his or her pro rata share of the 7 Net Settlement Amount. (However, any Settlement Class Member that received notice of class 8 certification and did not opt out does not have the option to opt out of this settlement and any attempt to 9 opt out received by such a Class Member will be disregarded.) 10 b. If an Omitted Individual Class Member does not want to participate in the Class 11 portion of this Settlement and wants to avoid being bound by the non-PAGA Settlement terms, such a 12 Class Member must sign his or her Opt-Out Form and submit it to the Settlement Adminisfrator by no 13 later than forty-five (45) calendar days after the Notice Packet wasfirstmailed. In order to object to the 14 Settlement, a Class Member must send his or her written objection to the Settlement Adminisfrator no 15 later than forty-five (45) calendar days after the Notice Packet wasfirstmailed. 16 c. Notwithstanding the submission of a timely request for exclusion, PAGA 17 Employees will still be bound by the settlement and release of the Released PAGA Claims or remedies 18 vmder the Judgment pursuant to Arias v. Superior Court, 46 Cal. 4th 969 (2009). Requests for exclusion 19 do not apply to the PAGA Claims and will not be effective to preclude the release of the PAGA 20 Claims. Any Class Member who validly opts out may not object to the Settlement. 21 d. Any Class Member who does not opt out will become a Class Participant and 22 will still be bound by the Settlement even if s/he objects to the Settlement and his/her objection is 23 overmled. 24 (9) Any dispute not resolved by the Settlement Adminisfrator conceming the adminisfration 25 of the Settlement shall be resolved by the Court. 26 (10) Not more than 30 days, but not fewer than 25 days, after mailing of the original Notice 27 Packet, the Settlement Adminisfrator shall mail one reminder postcard, which shall include the 28 estimated Total Individual Class Settlement Payment and/or Individual PAGA Payment, as well as -5- [Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT \ 1 contact information for the Parties' Counsel and the Settlement Adminisfrator, to all Class Members 2 who have not yet submitted an Opt-Out Form, to remind them of the deadline. The postcard shall be 3 mailed to such Class Members viafirst-classregular U.S. Mail, using the most current mailing address 4 information then available for the Class Members. 5 (11) At least ten (10) court days prior to the Final Approval hearing, Plaintiff willfilea motion for 6 approval and judgment, any request for an attomey's fees award and/or reimbursement of Utigation costs, and 7 Representative Plaintiffs incentive award, as well as a declarationfromthe Claims Administrator showing its 8 efforts to mail the Notice and process requests for exclusion and the results thereof 9 (12) Defendant denies that it has engaged in any unlawful activity, has failed to comply with the 10 law in any respect, or has any UabiUty to anyone under the claims asserted in this litigation. Furthermore, 11 Plaintiff does not concede any of Defendant's aflfirmative defenses nor assent to any of its denials. The parties 12 entered into the Settlement solely for the purpose of reaching a compromise on highly disputed claims and 13 nothing therein is an admission of Uabiiity or wrongdoing by Defendant Neither the Settiement nor any 14 document prepared in connection with the Settlement may be admitted in any proceeding as an admission by 15 the parties, or any person within the definition of the Class. 16 (13) Thefinalapproval hearing shaU be held at a.m on , 2021, in 17 Department 41 of this Court, to determine whether the proposed Settiement is fair, adequate, reasonable, and 18 should be proved. Plaintiff's p^ers in siqjport of the Settiement, and any appUcation for award of 19 attomey's fees and costs to Qass Counsel, incentive award to the Representative Plaintiff, and claims 20 adminisfration costs to the Claims Adminisfrator, shall be filed with the Court within the timefi^e set forth in 21 paragraph 11, supra. The hearing date may be continued withoutfiirthernotice to the class. 22 (14) Should the proposed Settlement be approved, foUowing the final s^roval hearing, this Court 23 shall enter judgment in the above-captioned matter in accordance with the Settlement that wiU adjudicate the 24 rights of all class members who do not opt out, including the named Plaintiff. 25 (15) The Court will consider whether to approve Class Counsel's request for attomey's fees and 26 costs, incentive awards to the Class Representative, and payment of Claims Administration expensesfromthe 27 maximum settiement amount atfinalapproval. 28 (16) All members of the Settlement Class shaU be bound by all determinations and judgments -6- [Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT 1 made in accordance with the Settlement Agreement, whether favorable or unfavorable to the Settiement Class. 2 (17) Any member of the Settlement Class may enter an appearance, at his or her own expense, 3 individually or through counsel of his or her own choice at the Final Faimess Hearing. If they do not enter an 4 appearance, they will be represented by Qass Counsel. 5 (18) Any member of the Settiement Qass may appear and show cause, if he or she has any reason, 6 why the proposed settiement should or should not be approved as fair, reasonable, and adequate, or why a 7 Judgment of dismissal should or should not be entered thereon, or why attorneys' fees and costs should or 8 should not be awarded to Class Counsel in accordance withtiieSettlement Agreement; provided, however, 9 that no member of the Settlement Class or any other person shaU be heard or entitied to contest the approval of 10 the terms and conditions of the proposed settlement, or, if approved, the Judgment of dismissal to be entered 11 thereon approving the same, or, if awarded, the enhancement award to Plaintiff, unless that person has served 12 by hand or byfirstclass mail written objections and copies of any p^ers and briefs, at least 30 calendar days 13 prior to the final faimess hearing, vpon Brian D. Hefelfinger, Palay Hefelfinger APC, 1746 S. Victoria 14 Avenue, Suite 230, Ventura, CaUfomia, 93003, and filed these objections, papers and briefs with the Clerk of 15 the Superior Court of the State of CaUfomia, for the Covinty of Los Angeles. Any member of the Settlement 16 Class who does not make his or her objection in the manner provided shall be deemed to have waived siich 17 objection and shall forever be foreclosedfrommaking any objection to the faimess or adequacy of the 18 proposed settiement as incorporated in the Settlement Agreement and any award of attorneys' fees and costs 19 awarded to Class Counsel in accordance with the Settiement Agreement, unless otherwise ordered. 20 (19) The Court reserves therightto adjourn the date of the Final Faimess Hearing without further 21 notice to the members of the Settlement Class and retains jurisdiction to consider all further appUcations 22 arising out of or connected Math the proposed Settlement Agreement. The Court may approvetiieSettiement 23 Agreement, with such modifications as may be agreed to by the settUng Parties, if appropriate, without further 24 notice to the members of the Settiement Class. 25 26 ITIS SO ORDERED. 27 28 -7- [Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT DATED: , 2021 1 Judge of the Superior Court 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8- P'roposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT