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U K U NA .
1 DAVID YEREMIAN & ASSOCIATES, INC.
ID
David Yeremian (SBN 226337)
2 david@yeremianlaw.com
Roman Shkodnik (SBN 285152) 202COCT27 PM 2-US
3 roman@yeremianlaw .com
535 N. Brand Blvd., Suite 705
4 Glendale, Califomia 91203
Telephone: (818) 230-8380
5 Facsimile: (818) 230-0308
6 Attomeys for Plaintiff STEVEN THAMES
on behalf of himself and others similarly situated
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[Additional counsel and party listed on following page]
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SACRAMENTO
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STEVEN THAMES, on behalf of himself Case No.: 34-2020-00283179-CU-OE-GDS
12 and others similarly situated,
CLASS ACTION
13 Plaintiff,
Assigned for All Purposes To:
14 vs. Hon. Hon. Russell L. Hom
Dept.: 47 <
15 CENTRAL TRANSPORT LLC, a Indiana -fl
limited liability company; and DOES 1 JOINT STIPULATION TO MODIFY
16 through 50, inclusive CLASS NOTICE
17 Defendants. [Filed concurrently with [Proposed] Order]
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Complaint Filed: August 12, 2020
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STIPULATION FOR ORDER TO MODIFY CLASS NOTICE
1 Christian Keeney, CA Bar No. 269533
christian.keeney(^ogletree.com
2 Alis M. Moon, CA Bar No. 293897
alis.moon(^ogletree.com
3 OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
4 Park Tower, Fifteenth Floor
695 Town Center Drive
5 Costa Mesa, CA 92626
Telephone: 714-800-7900
6 Facsimile: 714-754-1298
7 Attomeys for Defendant Central Transport LLC
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STIPULATION FOR ORDER TO MODIFY CLASS NOTICE
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2 Plaintiff Steven Thames ("Plaintiff) and Defendant Central Transport LLC ("Defendant")
3 (collectively the "Parties"), by and through their respective counsel, hereby stipulate and agree as
4 follows:
5 WHEREAS, on October 14, 2020, this Court granted preliminary approval of the class
6 action settlement described in the Joint Stipulation of Class Action Settlement ("Joint
7 Stipulation") attached to the Declaration of David Yeremian in support of Motion for PreUminary
8 Approval filed on August 24, 2020;
9 WHEREAS, the parties have met and conferred and believe that the Class Notice should
10 be translated to Spanish;
11 WHEREAS, the Settlement Administrator Costs need to be increased from $10,000 to
12 $11,500 to perform the necessary administrative duties;
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STIPULATION FOR ORDER TO MODIFY CLASS NOTICE
1 THEREFORE, subject to the approval of the Court, it is hereby stipulated and agreed^ by
2 and between the Parties hereto, that the Class Notice to be mailed to Class Members shall be
3 modified to reflect the foregoing information. A copy of the Class Notice with these changes
4 highlighted is attached hereto as Exhibit A.
5 IT IS SO STIPULATED.
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7 DATED: October 23_, 2020 DAVID YEREML\N & ASSOCIATES, INC.
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10 David Yeremian
Roman Shkodnik
11 Attomeys for Plaintiff
STEVEN THAMES
12 and all others similarlv situated
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DATED: October 21, 2020 OGLETREE, DEAKINS, NASH, SMOAK «&
14 STEWART, P.C.
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By.
17 Christian Keeney
Alis M. Moo
18 Attomeys for Defendant
Central Transport LLC
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STIPULATION FOR ORDER TO MODIFY CLASS NOTICE
EXHIBIT A
J
EXHIBIT A
N O T I C E O F CLASS ACTION SETTLEIMENT
("NOTICE")
Steven Thames v. Central Transport LLC
Case No. 34-2020-00283179-CU-OE-GDS
Sacramento County Superior Court
720 9th Stt-eet
Sacramento, CA 95814
If you are a current or former hourly paid, non-exempt dock worker who
worked for Central Transport L L C ("Central Transport"), in California
between January 1, 2017 and September 28, 2020, a class action settlement
described in this letter may affect your rights. Please read this Notice
carefully.
A court authorized this notice. This is not a solicitation from a lawyer.
WHY ARE YOU RECEIVING THIS NOTICE?
• Former Central Transport employee Steven Thames ("Thames") filed a lawsuit
against Centtal Transport alleging that he and certain other dock workers who worked
for Central Transport in Califomia did not receive proper compensation, including
overtime and minimum wages; did not receive compliant meal and rest periods; did
not receive accurate itemized wage statements; did not receive reimbursement for
business expenses; and were entitled to penalties, mcluding waiting time penalties.
• Thames reached a proposed settlement with Centtal Transport, and the Court has
given its preliminary approval to the terms of the settlement. The Court has not
decided that Central Transport did anything wrong.
• Based on Central Transport's records, you are one of the current or former
dock workers who are eligible to participate in the settlement. This proposed
settlement could affect your legal rights, and you have a choice to make now:
Yoiif Legal RijEshts and Options in this iLawsuit f '
Participate , If you wish to receive your share of the settlement proceeds,
you do not need to take any action. I f you do nothing, you
will receive a cash payment from the settlement. You will
also give up your rights to be part of any other lawsuit
involving the same or similar legal claims as the ones in this
case, and will release all such claims.
Exclude Yourself The only way for you to be part of any other lawsuit against
Central Transport involving the same or similar legal claims
as the ones in this case is to submit a Request for Exclusion
Form to the Settlement Adminisfrator postmarked no later
than [insert date].
Object to the Settlement Unless you ask to be excluded, you may object to any of the
terms of the settlement, either personally or through an
attomey, by filing a written objection with the court. You
must file your objection by [insert date]. If you file a timely
objection you may appear at the Final Approval Hearing as
described below.
CENTRAL TRANSPORT WILL NOT RETALIATE AGAINST ANY CLASS MEMBER FOR
EXERCISING ANY OF THEIR LEGAL RIGHTS AND OPTIONS UNDER THE
SETTLEMENT
Your options and your deadlines to act are explained in this notice.
BASIC INFORMATION
1. WHY DID I GET THIS NOTICE?
You received this notice because Cenfral Transport's records show that you currently work or
previously worked in Califomia as an hourly paid, non-exempt dock worker some time between
January 1, 2017 and September 28, 2020. This makes you part of the "class" of employees on
whose behalf Thames filed a class action lawsuit. The Parties to the lawsuit have reached a
proposed settlement of the case, but the settlement must be approved by the Court. Judge of
the Sacramento County Superior Court is overseeing the proposed settlement of this class action,
and has given preliminary approval of the settlement so that you could receive this notice and
leam about how it might affect your rights. The lawsuit is known as Steven Thames v. Central
Transport LLC, Case No. 34-2020-00283179-CU-OE-GDS.
2. WHAT IS THIS LAWSUIT ABOUT?
On August 12, 2020, Plaintiff Steven Thames filed a Class Action Complaint designated as Case
No. 34-2020-00283179-CU-OE-GDS entitled Steven Thames v. Central Transport LLC (the
"Lawsuit").
In the Lawsuit, Thames alleges:(l) failure to pay minimum wages; (2) failure to pay wages and
overtime; (3) recovery of reporting time pay; (4) meal period liability; (5) rest period liability;
(6) reimbursement of necessary business expenditures; (7) violation of Labor Code § 226(a); (8)
failure to keep required payroll records; (9) violation of Labor Code § 221; (10) penalties
pursuant to Labor Code § 203; ( I I ) violation of Business & Professions Code § 17200, et seq.;
and (12) penalties pursuant to Labor Code § 2699, et seq. Thames seeks to represent a class of
all hourly paid, non-exempt dock workers who worked for Central Transport in Califomia at any
time between January 1, 2017 and September 28, 2020. On behalf of himself and the proposed
class, Thames sought injunctive and equitable relief, actual, consequential, and incident
damages, statutory damages, statutory penalties, restitution, interest, attomeys' fees, and civil
penalties pursuant to the Califomia Labor Code.
3. WHAT IS A CLASS ACTION AND WHO IS INVOLVED?
In a class action lawsuit, a "Class Representative" (in this case, Thames) sues on behalf of other
people who he/she believes have similar claims. The people together are a "Class" or "Class
Members." The Class Representative and all Class Members like them are called the Plaintiffs.
The companies they sue (in this case, Cenfral Transport) are called the "Defendant." In a class
action, one court resolves the issues for everyone in the Class, except for those people who
choose to exclude themselves from the Class.
4. WHAT IS THE TIME PERIOD TO WHICH THIS CLASS ACTION APPLIES?
This class action applies to all hourly paid, non-exempt dock workers who worked for Central
Transport in Califomia at any time from January 1, 2017 through September 28, 2020. This time
period is known as the "Class Period." As described below, the Class Period is used to determine
the amount of each Class Member's share of the settlement.
5. HAS THE COURT DECIDED WHO IS RIGHT?
As part of the settlement, Centtal Transport denies that it violated any part of Califomia law in
the way that it paid the Class Members. The Court will not decide whether Thames or Centtal
Transport is correct. By giving preliminary approval to the settlement, the Court is not
suggesting that Thames will win or lose this case. The Court's role in evaluating the settlement is
to decide whether the terms of the settlement appear to be fair to the Class based on sfrengths and
weaknesses of Thames' claims, whether a settlement on behalf of all of the Class Members is
appropriate based on the types of claims in Thames' Complaint and whether Thames and his
lawyers will fairly represent the Class Members.
6. IS THERE ANY MONEY AVAILABLE NOW?
No money is available now because the Court has only given preliminary approval to the
settlement. The Court has not yet decided to give fmal approval to the settlement. The Court will
not decide whether to give final approval to the settlement until the Class Members have
received notice of the lawsuit and had the opportunity to decide whether to participate in the
settlement. If the Court gives final approval to the settlement, settlementfiandswill be paid to the
Class Members.
THE TERMS OF THE SETTLEMENT
7. HOW MUCH IS THE TOTAL SETTLEMENT?
Centtal Transport has agreed to pay a maximum total of $600,000, with the exception of Cenfral
Transport's corporate payroll tax confributions and liabilities, in settlement of Thames' claims.
This is referred to as the "Gross Settlement Fund."
8. HOW MUCH OF THE SETTLEMENT WILL GO TO THE CLASS MEMBERS?
Certain deductions will be made from the Gross Settlement Fund. The amount remaining after
these deductions is referred to as the "Net Settlement Amount." The Net Settlement Amount is
the amount that will be divided amongst the Class Members.
Each of the deductions from the Gross Settlement Fund must be approved by the Court. The
Court has preliminarily approved each of the following deductions from the Gross Settlement
Fund:
• Attomeys' fees to the attomeys for the Class not to exceed $200,000 (one-third of the
Gross Settlement Fund). However, the Court will not approve the attomeys' fees amount
until the final approval hearing.
Reimbursement of costs advanced by the attomeys for the Class not to exceed $15,000.
Again, the Court will not approve the exact amount to be reimbursed to Class Counsel
until the final approval hearing.
• Payment to the Settlement Adminisfrator not to exceed $11,500.00 for the costs of
sending notice out to the Class Members, responding to Class Member inquiries and
distributing settlementfimdsto the Class Members if the Court gives its final approval to
the settlement;
• Payment to the Class Representative not to exceed $7,500 as an incentive for the filing of
this lawsuit, for the risks incurred by Thames in bringing the lawsuit, and for Thames'
participation in this lawsuit in assisting Class Counsel. The Court will not approve the
amount of the incentive award until the final approval hearing; and
• Payment to the Califomia Labor and Workforce Development Agency ("LWDA") of
$18,750 which represents the LWDA's share of the civil penalties obtained by Thames
imder the terms of the settlement for violations of the Califomia Labor Code.
Each of the above amounts is deducted from the Gross Settlement Fund, and the remaining
amount, or Net Settlement Amount, is to be distributed to all of the Class Members. Based on the
above deductions to which the Parties agree under the settlement, the Net Settlement Amount is
$348,750. The following table summarizes the Gross Settlement Fund and Net Settlement
Amount:
Attorneys' Fees $200,000
Costs Advanced by Attorneys $15,000
Settlement Administration Costs $11,500
Incentive Award to Class Representative $7,500
Payment to California Labor and $18,750
Workforce Development Agency
9. WHAT IS MY SHARE OF THE SETTLEMENT AND HOW IS IT
CALCULATED?
Generally, each Class Member's share of the settlement depends on the length of time the Class
Member was employed by Centtal Transport during the applicable time period. The Settlement
Adminisfrator will calculate the amount that each Class Member will receive as follows:
The Settlement Adminisfrator will calculate the number of workweeks during which each
Class Member worked for Central Transport during the period of January 1, 2017 and
' September 28, 2020 of the Class Settlement ("Claims Period"). This number is called
"Compensable Workweeks."
• The Settlement Adminisfrator will divide the respective Compensable Workweeks for
each Class Member by the total Compensable Workweeks for all Class Members,
resulting in the payment ratio for each Class Member. The payment ratio will then be
multiplied by the Net Settlement Fund. This calculation will assume that all Class
Members will submit timely and valid Claim Forms.
ACCORDING TO THE CENTRAL TRANSPORT'S RECORDS, YOU WERE A DOCK
WORKER FROM [INSERT DATE] TO [INSERT DATE], FOR A TOTAL OF [INSERT]
PAY PERIODS. THEREFORE, YOUR ESTIMATED SHARE OF THE SETTLEMENT
IS [INSERT].
If you believe that Centtal Transport's records of the dates that you worked are incorrect, you
should contact the Settlement Adminisfrator no later than [insert deadline for exclusion or
objection] and explain why you think these dates are incorrect. You must also send the
Settlement Administrator copies of any documents you have that would assist the Parties in
evaluating whether there has been an error in the calculation of these dates. The Settlement
Administrator will contact you regarding any additional information needed to evaluate your
dispute, and will contact you with a response to your dispute.
The estimate of your settlement share assumes that all other eligible Class Members will decide
to receive their individual share of the settlement and that the Court approves the amounts
described in Part 8 that may be deducted from the Gross Settlement Fund. The amount of the
actual amount of your individual settlement share will depend on how many Class Members
decide that they want to be excluded from the settlement, and the actual amounts deducted from
the Gross Settlement Fund that the Court approves.
10. WHAT ARE THE TAX CONSEQUENCES I F I CHOOSE TO RECEIVE MY
SHARE OF THE SETTLEMENT?
Neither the lawyers for the Class Members nor Centtal Transport make any representations to
you conceming the tax consequences of this settlement or your participation in it, and you are
encouraged to seek you own personal tax advice prior to acting in response to this Notice.
11. WHAT RIGHTS AM I RELEASING UNDER THE SETTLEMENT?
If you do not submit a Request for Exclusion Form, you will receive your share of the settlement
as described above. In exchange for your share of the settlement, you will be releasing your right
to bring your own lawsuit against Central Transport for the same claims that Thames asserted in
the Lawsuit, or to bring claims that could have asserted based on the allegations in the Lawsuit.
Specifically, if you choose to receive your share of the settlement, you will be releasing your
right to file a lawsuit or other claim against Centtal Transport for Califomia wage and hour
violations that occurred during the Class Period, such as claims for failure to timely pay wages
during employment, failure to pay all wages due upon termination or resignation, and your right
to seek civil or statutory penalties that may be related to such claims.
YOUR RIGHTS AND OPTIONS
You" have to decide whether to participate in the settlement, ask to be excluded from the
settlement, or object to the settlement.
12. HOW DO I CLAIM MY SHARE OF THE SETTLEMENT?
You do not need to take any action to receive a share of the settlement funds. In connection with
the settlement. Class Counsel (attomeys for Thames and the Class) will represent you and all
other Class Members who are current and former dock workers of Cenfral Transport who do not
exclude themselves from the settlement. However, you do have the right to consult with your
own attomey.
13. HOW DO I ASK THE COURT TO EXCLUDE ME FROM THE SETTLEMENT
IF I DO NOT WANT TO PARTICIPATE?
If you want to be excluded from the settlement, you must complete and timely submit the
enclosed Request Exclusion Form. Your Exclusion Form must be postmarked no later than
[insert date]. Late or incomplete Exclusion Forms will not be honored. If you lose, misplace, or
require another Exclusion Form, you should contact the Settlement Adminisfrator at [insert
number].
14. CAN I OBJECT TO THE SETTLEMENT?
Yes. If you do not request to be excluded from the settlement, you may object to the settlement,
and/or Class Counsel's request for attomeys' fees and costs, either personally or through an
attomey at your own expense, by filing a written objection with the Sacramento County Superior
Court, located at 720 9th Stteet, Sacramento, Califomia 95814 and serving copies of your
objection to Class Counsel and Defenense Counsel at [insert].
All objections must be signed and must include the following: (i) your fiill name; (ii) your dates
of employment; (iii) the last four digits of your social security number; (iv) the name and case
number of the Action {Steven Thames v. Central Transport LLC, Case No. 34-2020-00283179-
CU-OE-GDS); and (v) the factual and legal basis for the objection with any supporting
documents and evidence. All objections must be filed with the Court at the address above, and
served on Class Counsel and Defense Counsel, no later than [insert date]. If you submit a timely
objection, you may appear, either personally or through an attomey, at yovu- own expense, at the
Final Approval Hearing that is discussed below. Your objection should clearly explain why you
object to the proposed settlement.
Even i f you file an objection, i f the Court gives its final approval to the settlement you will
receive your share of the settlement, and you will be subject to the release described in Part 11
imless you also timely submit a Request for Exclusion Form to the Settlement Adminisfrator
indicating that you want to be excluded from the settlement, as described in Part 13.
THE LAWYERS IN THIS CASE
15. DO I HAVE A LAWYER IN THIS CASE?
The Court preliminarily approved the request of David Yeremian of David Yeremian &
Associates, Inc., to be appointed as Class Counsel in connection with this settlement.
16. SHOULD I GET MY OWN LAWYER?
You'do not need to hire your own lawyer because Class Counsel is worldng on your behalf in
connection with this settlement. But, i f you want your own lawyer, you will have to pay that
lawyer. For example, you can ask him or her to appear in Court for you i f you want someone
other than Class Counsel to speak for you.
17. HOW WILL THE LAWYERS BE PAID?
If Class Counsel get money or benefits for the Class, they may ask the Court for fees and
expenses. You won't have to pay these fees and expenses. The fees and expenses that the Parties
have agreed that Class Counsel may request are identified above at Part 8. I f the Court grants
Class Counsel's request, the fees and expenses will be deducted from the Gross Settlement Fund.
IMPORTANT FUTURE DATES
18. WHAT HAPPENS NEXT?
The Court has scheduled a Final Faimess Hearing for [insert date] at [insert time] at the
Sacramento County Superior Court, located at 720 9th Sfreet, Sacramento, Califomia 95814. At
the Final Faimess Hearing, the Court will decide whether or not to grant final approval of the
settlement. At the same place and immediately following the Final Faimess Hearing, the Court
will also mle on Class Counsel's request for attomey's fees, litigation costs, and the Class
Representative's incentive award. You have the right, but are not required, to appear personally
or through an attomey of your choosing, at your own expense, to object to or express your views
regarding the settlement and the requested attomey's fees, costs and service award.
GETTING MORE INFORMATION
19. ARE MORE DETAILS AVAILABLE?
This Notice only summarizes the Action, the settlement, and other related matters. There are a
variety of ways that you can request more information.
• You may refer any questions about the lawsuit and the settlement to the Settlement
Adminisfrator by calling [insert phone number].
• All of the pleadings and other records in this litigation, including the Joint Stipulation of
Settlement, may be examined online on the Sacramento County Superior Court's website,
at: https://www.saccourt.ca.gov/. After arriving at the website, you may search for the
case by name or case number.
If your address changes, or is different from the one on the envelope enclosing this Notice,
please promptly notify the Claims Administrator at [insert telephone number].
PLEASE DO NOT CONTACT OR WRITE THE COURT, THE SETTLING
DEFENDANTS, OR SETTLING DEFENDANTS' ATTORNEYS FOR INFORMATION
REGARDING THIS NOTICE FORM OR THE SETTLEMENT. YOUR REQUESTS
FOR INFORMATION SHOULD BE DIRECTED TO THE SETTLEMENT
ADMINISTRATOR.
36417812.2
^ PROOF OF SERVICE
^ STATE OF CALIFORNIA, COUNTY OF LOS ANGELES:
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I am employed in the aforesaid county, State of Califomia; I am over the age of 18 years
. and not a party to the within action; my business address is 535 N. Brand, Blvd. Suite 705,
^ Glendale CA 91203.
^ On October 23, 2020,1 served the foregoing: JOINT STIPULATION TO MODIFY
, CLASS NOTICE on Interested Parties in this action by placing a tme copy thereof, enclosed in
a sealed envelope, addressed as follows:
7 Jonathan M. Lebe
Jon(ailebelaw.com
8 Zachary Gershman
Zacharv(5),leblaw.com
9 L E B E LAW, APLC
777 S. Alameda Sfreet, Second Floor
10 Los Angeles, CA 90021
II Brian D. Chase
bchase(Sibisnarchase.com
12 Jemsalem Beligan
.Jbeligan(a),bisnarchase.com
Ian Silvers
Isilvers(a),bisnarchase. com
14 BISNAR I CHASE, LLP
1301 Dove St, #120
15 Newport Beach, CA 92660
16 Sandra H. Casfro
casfro(2),lawservicesonline.com
17 Kathleen A. Castro
kathleen(2ilawservicesonline.com
18 LAW OFFICES OF SANDRA H. CASTRO, INC.
.„ 3200 Inland Empire Blvd., Ste. 265
Ontario CA 91764
20 Kristen B. Brown
krisbrownesq(%vahoo.com
^^ LAW OFFICES OF KRISTEN B. BROWN
900 W. l7thSt., Ste. C
22 Santa Ana CA 92706
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Alis M. Moon
r.. alis.moon(2loglefree.com
Christian Keeney
christian.keenev@ogletreedeakins.com
Alba Donjuan
alba.donjuan(a),oglefreedeakins.com
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
Park Tower
2g 695 Town Center Drive, 15"" Floor
Costa Mesa, CA 92626
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[ ] (BY MAIL) I placed such envelope with postage thereon fiilly paid in the United States
2 mail at Glendale, Califomia. I am "readily familiar" with this firm's practice of collecting and
processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day
3 in the ordinary course of business. I am aware that on motion of party served, service is
presumed invalid if postal cancellation date or postage meter date is more than I day after date of
^ deposit for mailing in affidavit.
5 [X] ONLY BY ELECTRONIC TRANSMISSION) Only by e-mailing the document(s) to
the persons at the e-mail address(es) listed based on notice provided on October 23, 2020 that,
" dvuing the Coronavirus (COVID-19) pandemic, this office will be working remotely, not able
to send physical mail as usual, and is therefore using only electtonic mail. No electronic message
' or other indication that thefransmissionwas unsuccessful was received within a reasonable time
after the transmission.
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[ 1 (BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package
" provided by an ovemight delivery carrier and addressed to the persons at the address above. I
placed the envelope or package for collection and ovemight delivery at an office or a regularly
10 utilized drop box of the ovemight delivery carrier.
^^ [X] (STATE) I certify (or declare) under penalty of perjury under the laws of the State of
Califomia that the foregoing is tme and correct.
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Executed on October 23, 2020, at Glendale, Califomia.
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Preview
U K U NA . 1 DAVID YEREMIAN & ASSOCIATES, INC. ID David Yeremian (SBN 226337) 2 david@yeremianlaw.com Roman Shkodnik (SBN 285152) 202COCT27 PM 2-US 3 roman@yeremianlaw .com 535 N. Brand Blvd., Suite 705 4 Glendale, Califomia 91203 Telephone: (818) 230-8380 5 Facsimile: (818) 230-0308 6 Attomeys for Plaintiff STEVEN THAMES on behalf of himself and others similarly situated 7 [Additional counsel and party listed on following page] 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SACRAMENTO 11 STEVEN THAMES, on behalf of himself Case No.: 34-2020-00283179-CU-OE-GDS 12 and others similarly situated, CLASS ACTION 13 Plaintiff, Assigned for All Purposes To: 14 vs. Hon. Hon. Russell L. Hom Dept.: 47 < 15 CENTRAL TRANSPORT LLC, a Indiana -fl limited liability company; and DOES 1 JOINT STIPULATION TO MODIFY 16 through 50, inclusive CLASS NOTICE 17 Defendants. [Filed concurrently with [Proposed] Order] 18 Complaint Filed: August 12, 2020 19 .20 )2. 22 23 24 25 26 27 28 I STIPULATION FOR ORDER TO MODIFY CLASS NOTICE 1 Christian Keeney, CA Bar No. 269533 christian.keeney(^ogletree.com 2 Alis M. Moon, CA Bar No. 293897 alis.moon(^ogletree.com 3 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 4 Park Tower, Fifteenth Floor 695 Town Center Drive 5 Costa Mesa, CA 92626 Telephone: 714-800-7900 6 Facsimile: 714-754-1298 7 Attomeys for Defendant Central Transport LLC 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2. STIPULATION FOR ORDER TO MODIFY CLASS NOTICE 1 2 Plaintiff Steven Thames ("Plaintiff) and Defendant Central Transport LLC ("Defendant") 3 (collectively the "Parties"), by and through their respective counsel, hereby stipulate and agree as 4 follows: 5 WHEREAS, on October 14, 2020, this Court granted preliminary approval of the class 6 action settlement described in the Joint Stipulation of Class Action Settlement ("Joint 7 Stipulation") attached to the Declaration of David Yeremian in support of Motion for PreUminary 8 Approval filed on August 24, 2020; 9 WHEREAS, the parties have met and conferred and believe that the Class Notice should 10 be translated to Spanish; 11 WHEREAS, the Settlement Administrator Costs need to be increased from $10,000 to 12 $11,500 to perform the necessary administrative duties; 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// STIPULATION FOR ORDER TO MODIFY CLASS NOTICE 1 THEREFORE, subject to the approval of the Court, it is hereby stipulated and agreed^ by 2 and between the Parties hereto, that the Class Notice to be mailed to Class Members shall be 3 modified to reflect the foregoing information. A copy of the Class Notice with these changes 4 highlighted is attached hereto as Exhibit A. 5 IT IS SO STIPULATED. 6 7 DATED: October 23_, 2020 DAVID YEREML\N & ASSOCIATES, INC. 8 9 10 David Yeremian Roman Shkodnik 11 Attomeys for Plaintiff STEVEN THAMES 12 and all others similarlv situated 13 DATED: October 21, 2020 OGLETREE, DEAKINS, NASH, SMOAK «& 14 STEWART, P.C. 15 16 By. 17 Christian Keeney Alis M. Moo 18 Attomeys for Defendant Central Transport LLC 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR ORDER TO MODIFY CLASS NOTICE EXHIBIT A J EXHIBIT A N O T I C E O F CLASS ACTION SETTLEIMENT ("NOTICE") Steven Thames v. Central Transport LLC Case No. 34-2020-00283179-CU-OE-GDS Sacramento County Superior Court 720 9th Stt-eet Sacramento, CA 95814 If you are a current or former hourly paid, non-exempt dock worker who worked for Central Transport L L C ("Central Transport"), in California between January 1, 2017 and September 28, 2020, a class action settlement described in this letter may affect your rights. Please read this Notice carefully. A court authorized this notice. This is not a solicitation from a lawyer. WHY ARE YOU RECEIVING THIS NOTICE? • Former Central Transport employee Steven Thames ("Thames") filed a lawsuit against Centtal Transport alleging that he and certain other dock workers who worked for Central Transport in Califomia did not receive proper compensation, including overtime and minimum wages; did not receive compliant meal and rest periods; did not receive accurate itemized wage statements; did not receive reimbursement for business expenses; and were entitled to penalties, mcluding waiting time penalties. • Thames reached a proposed settlement with Centtal Transport, and the Court has given its preliminary approval to the terms of the settlement. The Court has not decided that Central Transport did anything wrong. • Based on Central Transport's records, you are one of the current or former dock workers who are eligible to participate in the settlement. This proposed settlement could affect your legal rights, and you have a choice to make now: Yoiif Legal RijEshts and Options in this iLawsuit f ' Participate , If you wish to receive your share of the settlement proceeds, you do not need to take any action. I f you do nothing, you will receive a cash payment from the settlement. You will also give up your rights to be part of any other lawsuit involving the same or similar legal claims as the ones in this case, and will release all such claims. Exclude Yourself The only way for you to be part of any other lawsuit against Central Transport involving the same or similar legal claims as the ones in this case is to submit a Request for Exclusion Form to the Settlement Adminisfrator postmarked no later than [insert date]. Object to the Settlement Unless you ask to be excluded, you may object to any of the terms of the settlement, either personally or through an attomey, by filing a written objection with the court. You must file your objection by [insert date]. If you file a timely objection you may appear at the Final Approval Hearing as described below. CENTRAL TRANSPORT WILL NOT RETALIATE AGAINST ANY CLASS MEMBER FOR EXERCISING ANY OF THEIR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT Your options and your deadlines to act are explained in this notice. BASIC INFORMATION 1. WHY DID I GET THIS NOTICE? You received this notice because Cenfral Transport's records show that you currently work or previously worked in Califomia as an hourly paid, non-exempt dock worker some time between January 1, 2017 and September 28, 2020. This makes you part of the "class" of employees on whose behalf Thames filed a class action lawsuit. The Parties to the lawsuit have reached a proposed settlement of the case, but the settlement must be approved by the Court. Judge of the Sacramento County Superior Court is overseeing the proposed settlement of this class action, and has given preliminary approval of the settlement so that you could receive this notice and leam about how it might affect your rights. The lawsuit is known as Steven Thames v. Central Transport LLC, Case No. 34-2020-00283179-CU-OE-GDS. 2. WHAT IS THIS LAWSUIT ABOUT? On August 12, 2020, Plaintiff Steven Thames filed a Class Action Complaint designated as Case No. 34-2020-00283179-CU-OE-GDS entitled Steven Thames v. Central Transport LLC (the "Lawsuit"). In the Lawsuit, Thames alleges:(l) failure to pay minimum wages; (2) failure to pay wages and overtime; (3) recovery of reporting time pay; (4) meal period liability; (5) rest period liability; (6) reimbursement of necessary business expenditures; (7) violation of Labor Code § 226(a); (8) failure to keep required payroll records; (9) violation of Labor Code § 221; (10) penalties pursuant to Labor Code § 203; ( I I ) violation of Business & Professions Code § 17200, et seq.; and (12) penalties pursuant to Labor Code § 2699, et seq. Thames seeks to represent a class of all hourly paid, non-exempt dock workers who worked for Central Transport in Califomia at any time between January 1, 2017 and September 28, 2020. On behalf of himself and the proposed class, Thames sought injunctive and equitable relief, actual, consequential, and incident damages, statutory damages, statutory penalties, restitution, interest, attomeys' fees, and civil penalties pursuant to the Califomia Labor Code. 3. WHAT IS A CLASS ACTION AND WHO IS INVOLVED? In a class action lawsuit, a "Class Representative" (in this case, Thames) sues on behalf of other people who he/she believes have similar claims. The people together are a "Class" or "Class Members." The Class Representative and all Class Members like them are called the Plaintiffs. The companies they sue (in this case, Cenfral Transport) are called the "Defendant." In a class action, one court resolves the issues for everyone in the Class, except for those people who choose to exclude themselves from the Class. 4. WHAT IS THE TIME PERIOD TO WHICH THIS CLASS ACTION APPLIES? This class action applies to all hourly paid, non-exempt dock workers who worked for Central Transport in Califomia at any time from January 1, 2017 through September 28, 2020. This time period is known as the "Class Period." As described below, the Class Period is used to determine the amount of each Class Member's share of the settlement. 5. HAS THE COURT DECIDED WHO IS RIGHT? As part of the settlement, Centtal Transport denies that it violated any part of Califomia law in the way that it paid the Class Members. The Court will not decide whether Thames or Centtal Transport is correct. By giving preliminary approval to the settlement, the Court is not suggesting that Thames will win or lose this case. The Court's role in evaluating the settlement is to decide whether the terms of the settlement appear to be fair to the Class based on sfrengths and weaknesses of Thames' claims, whether a settlement on behalf of all of the Class Members is appropriate based on the types of claims in Thames' Complaint and whether Thames and his lawyers will fairly represent the Class Members. 6. IS THERE ANY MONEY AVAILABLE NOW? No money is available now because the Court has only given preliminary approval to the settlement. The Court has not yet decided to give fmal approval to the settlement. The Court will not decide whether to give final approval to the settlement until the Class Members have received notice of the lawsuit and had the opportunity to decide whether to participate in the settlement. If the Court gives final approval to the settlement, settlementfiandswill be paid to the Class Members. THE TERMS OF THE SETTLEMENT 7. HOW MUCH IS THE TOTAL SETTLEMENT? Centtal Transport has agreed to pay a maximum total of $600,000, with the exception of Cenfral Transport's corporate payroll tax confributions and liabilities, in settlement of Thames' claims. This is referred to as the "Gross Settlement Fund." 8. HOW MUCH OF THE SETTLEMENT WILL GO TO THE CLASS MEMBERS? Certain deductions will be made from the Gross Settlement Fund. The amount remaining after these deductions is referred to as the "Net Settlement Amount." The Net Settlement Amount is the amount that will be divided amongst the Class Members. Each of the deductions from the Gross Settlement Fund must be approved by the Court. The Court has preliminarily approved each of the following deductions from the Gross Settlement Fund: • Attomeys' fees to the attomeys for the Class not to exceed $200,000 (one-third of the Gross Settlement Fund). However, the Court will not approve the attomeys' fees amount until the final approval hearing. Reimbursement of costs advanced by the attomeys for the Class not to exceed $15,000. Again, the Court will not approve the exact amount to be reimbursed to Class Counsel until the final approval hearing. • Payment to the Settlement Adminisfrator not to exceed $11,500.00 for the costs of sending notice out to the Class Members, responding to Class Member inquiries and distributing settlementfimdsto the Class Members if the Court gives its final approval to the settlement; • Payment to the Class Representative not to exceed $7,500 as an incentive for the filing of this lawsuit, for the risks incurred by Thames in bringing the lawsuit, and for Thames' participation in this lawsuit in assisting Class Counsel. The Court will not approve the amount of the incentive award until the final approval hearing; and • Payment to the Califomia Labor and Workforce Development Agency ("LWDA") of $18,750 which represents the LWDA's share of the civil penalties obtained by Thames imder the terms of the settlement for violations of the Califomia Labor Code. Each of the above amounts is deducted from the Gross Settlement Fund, and the remaining amount, or Net Settlement Amount, is to be distributed to all of the Class Members. Based on the above deductions to which the Parties agree under the settlement, the Net Settlement Amount is $348,750. The following table summarizes the Gross Settlement Fund and Net Settlement Amount: Attorneys' Fees $200,000 Costs Advanced by Attorneys $15,000 Settlement Administration Costs $11,500 Incentive Award to Class Representative $7,500 Payment to California Labor and $18,750 Workforce Development Agency 9. WHAT IS MY SHARE OF THE SETTLEMENT AND HOW IS IT CALCULATED? Generally, each Class Member's share of the settlement depends on the length of time the Class Member was employed by Centtal Transport during the applicable time period. The Settlement Adminisfrator will calculate the amount that each Class Member will receive as follows: The Settlement Adminisfrator will calculate the number of workweeks during which each Class Member worked for Central Transport during the period of January 1, 2017 and ' September 28, 2020 of the Class Settlement ("Claims Period"). This number is called "Compensable Workweeks." • The Settlement Adminisfrator will divide the respective Compensable Workweeks for each Class Member by the total Compensable Workweeks for all Class Members, resulting in the payment ratio for each Class Member. The payment ratio will then be multiplied by the Net Settlement Fund. This calculation will assume that all Class Members will submit timely and valid Claim Forms. ACCORDING TO THE CENTRAL TRANSPORT'S RECORDS, YOU WERE A DOCK WORKER FROM [INSERT DATE] TO [INSERT DATE], FOR A TOTAL OF [INSERT] PAY PERIODS. THEREFORE, YOUR ESTIMATED SHARE OF THE SETTLEMENT IS [INSERT]. If you believe that Centtal Transport's records of the dates that you worked are incorrect, you should contact the Settlement Adminisfrator no later than [insert deadline for exclusion or objection] and explain why you think these dates are incorrect. You must also send the Settlement Administrator copies of any documents you have that would assist the Parties in evaluating whether there has been an error in the calculation of these dates. The Settlement Administrator will contact you regarding any additional information needed to evaluate your dispute, and will contact you with a response to your dispute. The estimate of your settlement share assumes that all other eligible Class Members will decide to receive their individual share of the settlement and that the Court approves the amounts described in Part 8 that may be deducted from the Gross Settlement Fund. The amount of the actual amount of your individual settlement share will depend on how many Class Members decide that they want to be excluded from the settlement, and the actual amounts deducted from the Gross Settlement Fund that the Court approves. 10. WHAT ARE THE TAX CONSEQUENCES I F I CHOOSE TO RECEIVE MY SHARE OF THE SETTLEMENT? Neither the lawyers for the Class Members nor Centtal Transport make any representations to you conceming the tax consequences of this settlement or your participation in it, and you are encouraged to seek you own personal tax advice prior to acting in response to this Notice. 11. WHAT RIGHTS AM I RELEASING UNDER THE SETTLEMENT? If you do not submit a Request for Exclusion Form, you will receive your share of the settlement as described above. In exchange for your share of the settlement, you will be releasing your right to bring your own lawsuit against Central Transport for the same claims that Thames asserted in the Lawsuit, or to bring claims that could have asserted based on the allegations in the Lawsuit. Specifically, if you choose to receive your share of the settlement, you will be releasing your right to file a lawsuit or other claim against Centtal Transport for Califomia wage and hour violations that occurred during the Class Period, such as claims for failure to timely pay wages during employment, failure to pay all wages due upon termination or resignation, and your right to seek civil or statutory penalties that may be related to such claims. YOUR RIGHTS AND OPTIONS You" have to decide whether to participate in the settlement, ask to be excluded from the settlement, or object to the settlement. 12. HOW DO I CLAIM MY SHARE OF THE SETTLEMENT? You do not need to take any action to receive a share of the settlement funds. In connection with the settlement. Class Counsel (attomeys for Thames and the Class) will represent you and all other Class Members who are current and former dock workers of Cenfral Transport who do not exclude themselves from the settlement. However, you do have the right to consult with your own attomey. 13. HOW DO I ASK THE COURT TO EXCLUDE ME FROM THE SETTLEMENT IF I DO NOT WANT TO PARTICIPATE? If you want to be excluded from the settlement, you must complete and timely submit the enclosed Request Exclusion Form. Your Exclusion Form must be postmarked no later than [insert date]. Late or incomplete Exclusion Forms will not be honored. If you lose, misplace, or require another Exclusion Form, you should contact the Settlement Adminisfrator at [insert number]. 14. CAN I OBJECT TO THE SETTLEMENT? Yes. If you do not request to be excluded from the settlement, you may object to the settlement, and/or Class Counsel's request for attomeys' fees and costs, either personally or through an attomey at your own expense, by filing a written objection with the Sacramento County Superior Court, located at 720 9th Stteet, Sacramento, Califomia 95814 and serving copies of your objection to Class Counsel and Defenense Counsel at [insert]. All objections must be signed and must include the following: (i) your fiill name; (ii) your dates of employment; (iii) the last four digits of your social security number; (iv) the name and case number of the Action {Steven Thames v. Central Transport LLC, Case No. 34-2020-00283179- CU-OE-GDS); and (v) the factual and legal basis for the objection with any supporting documents and evidence. All objections must be filed with the Court at the address above, and served on Class Counsel and Defense Counsel, no later than [insert date]. If you submit a timely objection, you may appear, either personally or through an attomey, at yovu- own expense, at the Final Approval Hearing that is discussed below. Your objection should clearly explain why you object to the proposed settlement. Even i f you file an objection, i f the Court gives its final approval to the settlement you will receive your share of the settlement, and you will be subject to the release described in Part 11 imless you also timely submit a Request for Exclusion Form to the Settlement Adminisfrator indicating that you want to be excluded from the settlement, as described in Part 13. THE LAWYERS IN THIS CASE 15. DO I HAVE A LAWYER IN THIS CASE? The Court preliminarily approved the request of David Yeremian of David Yeremian & Associates, Inc., to be appointed as Class Counsel in connection with this settlement. 16. SHOULD I GET MY OWN LAWYER? You'do not need to hire your own lawyer because Class Counsel is worldng on your behalf in connection with this settlement. But, i f you want your own lawyer, you will have to pay that lawyer. For example, you can ask him or her to appear in Court for you i f you want someone other than Class Counsel to speak for you. 17. HOW WILL THE LAWYERS BE PAID? If Class Counsel get money or benefits for the Class, they may ask the Court for fees and expenses. You won't have to pay these fees and expenses. The fees and expenses that the Parties have agreed that Class Counsel may request are identified above at Part 8. I f the Court grants Class Counsel's request, the fees and expenses will be deducted from the Gross Settlement Fund. IMPORTANT FUTURE DATES 18. WHAT HAPPENS NEXT? The Court has scheduled a Final Faimess Hearing for [insert date] at [insert time] at the Sacramento County Superior Court, located at 720 9th Sfreet, Sacramento, Califomia 95814. At the Final Faimess Hearing, the Court will decide whether or not to grant final approval of the settlement. At the same place and immediately following the Final Faimess Hearing, the Court will also mle on Class Counsel's request for attomey's fees, litigation costs, and the Class Representative's incentive award. You have the right, but are not required, to appear personally or through an attomey of your choosing, at your own expense, to object to or express your views regarding the settlement and the requested attomey's fees, costs and service award. GETTING MORE INFORMATION 19. ARE MORE DETAILS AVAILABLE? This Notice only summarizes the Action, the settlement, and other related matters. There are a variety of ways that you can request more information. • You may refer any questions about the lawsuit and the settlement to the Settlement Adminisfrator by calling [insert phone number]. • All of the pleadings and other records in this litigation, including the Joint Stipulation of Settlement, may be examined online on the Sacramento County Superior Court's website, at: https://www.saccourt.ca.gov/. After arriving at the website, you may search for the case by name or case number. If your address changes, or is different from the one on the envelope enclosing this Notice, please promptly notify the Claims Administrator at [insert telephone number]. PLEASE DO NOT CONTACT OR WRITE THE COURT, THE SETTLING DEFENDANTS, OR SETTLING DEFENDANTS' ATTORNEYS FOR INFORMATION REGARDING THIS NOTICE FORM OR THE SETTLEMENT. YOUR REQUESTS FOR INFORMATION SHOULD BE DIRECTED TO THE SETTLEMENT ADMINISTRATOR. 36417812.2 ^ PROOF OF SERVICE ^ STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: 3 I am employed in the aforesaid county, State of Califomia; I am over the age of 18 years . and not a party to the within action; my business address is 535 N. Brand, Blvd. Suite 705, ^ Glendale CA 91203. ^ On October 23, 2020,1 served the foregoing: JOINT STIPULATION TO MODIFY , CLASS NOTICE on Interested Parties in this action by placing a tme copy thereof, enclosed in a sealed envelope, addressed as follows: 7 Jonathan M. Lebe Jon(ailebelaw.com 8 Zachary Gershman Zacharv(5),leblaw.com 9 L E B E LAW, APLC 777 S. Alameda Sfreet, Second Floor 10 Los Angeles, CA 90021 II Brian D. Chase bchase(Sibisnarchase.com 12 Jemsalem Beligan .Jbeligan(a),bisnarchase.com Ian Silvers Isilvers(a),bisnarchase. com 14 BISNAR I CHASE, LLP 1301 Dove St, #120 15 Newport Beach, CA 92660 16 Sandra H. Casfro casfro(2),lawservicesonline.com 17 Kathleen A. Castro kathleen(2ilawservicesonline.com 18 LAW OFFICES OF SANDRA H. CASTRO, INC. .„ 3200 Inland Empire Blvd., Ste. 265 Ontario CA 91764 20 Kristen B. Brown krisbrownesq(%vahoo.com ^^ LAW OFFICES OF KRISTEN B. BROWN 900 W. l7thSt., Ste. C 22 Santa Ana CA 92706 23 Alis M. Moon r.. alis.moon(2loglefree.com Christian Keeney christian.keenev@ogletreedeakins.com Alba Donjuan alba.donjuan(a),oglefreedeakins.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Park Tower 2g 695 Town Center Drive, 15"" Floor Costa Mesa, CA 92626 1 [ ] (BY MAIL) I placed such envelope with postage thereon fiilly paid in the United States 2 mail at Glendale, Califomia. I am "readily familiar" with this firm's practice of collecting and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day 3 in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than I day after date of ^ deposit for mailing in affidavit. 5 [X] ONLY BY ELECTRONIC TRANSMISSION) Only by e-mailing the document(s) to the persons at the e-mail address(es) listed based on notice provided on October 23, 2020 that, " dvuing the Coronavirus (COVID-19) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electtonic mail. No electronic message ' or other indication that thefransmissionwas unsuccessful was received within a reasonable time after the transmission. 8 [ 1 (BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package " provided by an ovemight delivery carrier and addressed to the persons at the address above. I placed the envelope or package for collection and ovemight delivery at an office or a regularly 10 utilized drop box of the ovemight delivery carrier. ^^ [X] (STATE) I certify (or declare) under penalty of perjury under the laws of the State of Califomia that the foregoing is tme and correct. 12 Executed on October 23, 2020, at Glendale, Califomia. 13 14 Natalia Bermudes 15 16 17 18 19 20 21 22 23 24 25 26 27 28