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1 TIMOTHY B. DEL CASTILLO (SBN: 277296)
tdc@castleemploymentlaw.com
2 KENT L. BRADBURY (SBN: 279402)
3 kb@castleemploymentlaw.com
CASTLE LAW: CALIFORNIA EMPLOYMENT COUNSEL, PC
4 2999 Douglas Blvd., Suite 180
Roseville, CA 95661
5 Telephone: (916) 245-0122 4/3/2023
6 Attorneys for Plaintiff Jacqueline Cortes
7 on behalf of herself and similarly situated employees
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SAN MATEO
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_______________________________________
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Case No. 21-CIV-06480
12 JACQUELINE CORTES, individually and on
behalf of all others similarly situated,
13 CLASS ACTION
Plaintiffs, PLAINTIFF’S NOTICE OF MOTION
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AND MOTION FOR PRELIMINARY
vs. APPROVAL OF CLASS ACTION AND
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PAGA SETTLEMENT
16 DAL GLOBAL SERVICES, LLC; UNIFI
AVIATION, LLC; Does 1 through 20, inclusive, Date: August 22, 2023
17 Time: 2:00 PM
Dept.: 4
Defendants.
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19 TAC Filed: February 21, 2023
Trial Date: None Set
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PLAINTIFFS’ NOTICE OF MOTION AND MOTION FOR
PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that on August 22, 2023, at 2:00 PM, or as soon thereafter as the
3 matter may be heard in Department 4 of the above-entitled Court, Plaintiff Jacqueline Cortes,
4 individually and on behalf of all similarly situated individuals, will, and hereby does, move for
entry of an Order for the following:
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1. Provisionally and conditionally certifying the proposed class herein for purposes of
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settlement;
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2. Preliminarily appointing Plaintiff Jacqueline Cortes as the class representative for
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purposes of settlement;
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3. Preliminarily and conditionally approving the payment of a class representative
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enhancement award of $15,000.00 to Plaintiff;
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4. Preliminarily appointing the firm of Castle Law, California Employment Counsel, PC,
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as class counsel for purposes of settlement;
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5. Preliminarily and conditionally approving the proposed class action settlement, which is
14 incorporated herein by reference;
15 6. Preliminarily and conditionally approving the application for payment to class counsel
16 of reasonable costs in an amount not to exceed $15,000.00;
17 7. Preliminarily and conditionally approving the appointment of Rust Consulting as the
18 class action settlement administrator and for payment to Rust Consulting for
19 administering said class action settlement in an amount not to exceed $27,000.00
20 (currently estimated at $24,292.00);
21 8. Preliminarily and conditionally approving the application for payment to class counsel
22 of reasonable attorneys’ fees in the amount of $783,423.55 (35% of the Gross
Settlement Amount), and up to $15,000.00 for class counsel’s costs;
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9. Approving as to form and content the proposed Notice of Proposed Class Action
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Settlement and Hearing Date for Court Approval (“Class Notice”), which provide the
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settlement class information regarding the settlement, their ability to participate, opt out
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of, or object to, the class action settlement and which provides instruction on how to
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dispute an individual’s settlement allocation under the proposed settlement agreement;
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PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR
PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT
1 10. Approving the proposed procedures to notify the class and determining that the
2 proposed notification procedures and process complies with class members’ due process
3 rights and directing the Class Notice to be mailed by first class mail to the settlement
4 class members;
11. Directing Defendants to report employment information, including social security
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numbers, to the claims administrator to administer the settlement proceeds;
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12. Scheduling a fairness hearing on the question of whether the proposed settlement should
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be finally approved as fair, reasonable, and adequate as to the members of the
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settlement class;
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13. Directing that any residue from settlement checks that were not cashed within 180 days
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of issuance be paid to the Rise Against Hunger, a non-profit 501(c)(3) organization
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whose mission is to end hunger by providing food and aid globally, as the cy pres
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recipient pursuant to Code of Civil Procedure Section 384 for any uncashed settlement
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checks; and
14 14. Preliminarily and conditionally approving and adopting the Proposed Order and its
15 implementation schedule, which is filed herewith and incorporated by reference.
16 This motion is being made pursuant to Civil Procedure Code section 382, Labor Code
17 section 2699(l), and California Rule of Court 3.769 on the grounds that the proposed class action
18 and Private Attorneys General Act settlement is fair, reasonable, and adequate as to all class
19 members and should be approved by the Court. This motion will be based on the notice of motion,
20 memorandum of points and authorities, the Declarations of Timothy B. Del Castillo, Kent L.
21 Bradbury, the Declarations of Plaintiff Jacqueline Cortes, exhibits, the record and files of this case,
22 and any further oral or documentary evidence introduced at the hearing of this motion.
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PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR
PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT
Dated: March 30, 2023 CASTLE LAW: CALIFORNIA
1 EMPLOYMENT COUNSEL, PC
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3 By
Kent L. Bradbury
4 Timothy B. Del Castillo
Attorneys for Plaintiff
5 JACQUELINE CORTES
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PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR
PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT
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1 TIMOTHY B. DEL CASTILLO (SBN: 277296) tdc@castleemploymentlaw.com 2 KENT L. BRADBURY (SBN: 279402) 3 kb@castleemploymentlaw.com CASTLE LAW: CALIFORNIA EMPLOYMENT COUNSEL, PC 4 2999 Douglas Blvd., Suite 180 Roseville, CA 95661 5 Telephone: (916) 245-0122 4/3/2023 6 Attorneys for Plaintiff Jacqueline Cortes 7 on behalf of herself and similarly situated employees 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN MATEO 10 _______________________________________ 11 Case No. 21-CIV-06480 12 JACQUELINE CORTES, individually and on behalf of all others similarly situated, 13 CLASS ACTION Plaintiffs, PLAINTIFF’S NOTICE OF MOTION 14 AND MOTION FOR PRELIMINARY vs. APPROVAL OF CLASS ACTION AND 15 PAGA SETTLEMENT 16 DAL GLOBAL SERVICES, LLC; UNIFI AVIATION, LLC; Does 1 through 20, inclusive, Date: August 22, 2023 17 Time: 2:00 PM Dept.: 4 Defendants. 18 19 TAC Filed: February 21, 2023 Trial Date: None Set 20 21 22 23 24 25 26 27 28 PLAINTIFFS’ NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT 1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that on August 22, 2023, at 2:00 PM, or as soon thereafter as the 3 matter may be heard in Department 4 of the above-entitled Court, Plaintiff Jacqueline Cortes, 4 individually and on behalf of all similarly situated individuals, will, and hereby does, move for entry of an Order for the following: 5 1. Provisionally and conditionally certifying the proposed class herein for purposes of 6 settlement; 7 2. Preliminarily appointing Plaintiff Jacqueline Cortes as the class representative for 8 purposes of settlement; 9 3. Preliminarily and conditionally approving the payment of a class representative 10 enhancement award of $15,000.00 to Plaintiff; 11 4. Preliminarily appointing the firm of Castle Law, California Employment Counsel, PC, 12 as class counsel for purposes of settlement; 13 5. Preliminarily and conditionally approving the proposed class action settlement, which is 14 incorporated herein by reference; 15 6. Preliminarily and conditionally approving the application for payment to class counsel 16 of reasonable costs in an amount not to exceed $15,000.00; 17 7. Preliminarily and conditionally approving the appointment of Rust Consulting as the 18 class action settlement administrator and for payment to Rust Consulting for 19 administering said class action settlement in an amount not to exceed $27,000.00 20 (currently estimated at $24,292.00); 21 8. Preliminarily and conditionally approving the application for payment to class counsel 22 of reasonable attorneys’ fees in the amount of $783,423.55 (35% of the Gross Settlement Amount), and up to $15,000.00 for class counsel’s costs; 23 9. Approving as to form and content the proposed Notice of Proposed Class Action 24 Settlement and Hearing Date for Court Approval (“Class Notice”), which provide the 25 settlement class information regarding the settlement, their ability to participate, opt out 26 of, or object to, the class action settlement and which provides instruction on how to 27 dispute an individual’s settlement allocation under the proposed settlement agreement; 28 1 PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT 1 10. Approving the proposed procedures to notify the class and determining that the 2 proposed notification procedures and process complies with class members’ due process 3 rights and directing the Class Notice to be mailed by first class mail to the settlement 4 class members; 11. Directing Defendants to report employment information, including social security 5 numbers, to the claims administrator to administer the settlement proceeds; 6 12. Scheduling a fairness hearing on the question of whether the proposed settlement should 7 be finally approved as fair, reasonable, and adequate as to the members of the 8 settlement class; 9 13. Directing that any residue from settlement checks that were not cashed within 180 days 10 of issuance be paid to the Rise Against Hunger, a non-profit 501(c)(3) organization 11 whose mission is to end hunger by providing food and aid globally, as the cy pres 12 recipient pursuant to Code of Civil Procedure Section 384 for any uncashed settlement 13 checks; and 14 14. Preliminarily and conditionally approving and adopting the Proposed Order and its 15 implementation schedule, which is filed herewith and incorporated by reference. 16 This motion is being made pursuant to Civil Procedure Code section 382, Labor Code 17 section 2699(l), and California Rule of Court 3.769 on the grounds that the proposed class action 18 and Private Attorneys General Act settlement is fair, reasonable, and adequate as to all class 19 members and should be approved by the Court. This motion will be based on the notice of motion, 20 memorandum of points and authorities, the Declarations of Timothy B. Del Castillo, Kent L. 21 Bradbury, the Declarations of Plaintiff Jacqueline Cortes, exhibits, the record and files of this case, 22 and any further oral or documentary evidence introduced at the hearing of this motion. 23 24 25 26 27 28 2 PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT Dated: March 30, 2023 CASTLE LAW: CALIFORNIA 1 EMPLOYMENT COUNSEL, PC 2 3 By Kent L. Bradbury 4 Timothy B. Del Castillo Attorneys for Plaintiff 5 JACQUELINE CORTES 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT