Order: Mack Trucking, Inc., et al Funds on Class Action Settlement

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               zAKAY LAW GROUP, APLC                                               couH 8:935; 35$€k§§53w
               Shani 0. Zakay (State Bar #277924)                                   5‘“ BERNARD'NO D'STR'CT
               Jackland K.   Hom (State Bar #327243)                                   APR 2 8        2022
               Julieann Alvarado (State Bar #334727)
               5440 Morehouse Dr., Ste 3600
               San Diego, CA 92121                                           BY   fl               U          .




                                                                                                             DEPUTY
               Telephone; (61 9) 255-9047
               Facsimile: (858) 404-9203
               Website: www.zakay]aw.com


               BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
 \OOOQON       Norman B. Blumenthal         (State   Bar #068687)
               Kyle R. Nordrehaug (State Bar #205975)
               Aparajit Bhowmik (State Bar #248066)
               2255 Calle Clara
10
               La Jolla, CA 92037
               Telephone: (858) 551-1223
11             Facsimile: (858) 551-1232
               Website:   www.bamlawca.com
12
               Attorneys for Plaintiffs
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                                  SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                   IN AND FOR THE COUNTY OF SAN BERNARDINO
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                JONATHAN MITCHELL,               an individual, on
                                                                                  case N0: CIVD81928334
16              behalf of himself, on behalf of all persons

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                similarly situated,                                               [W13]     ORDER APPROVING
                                                                                  PAGA SETTLEMENT AND
                                      Plaintiffs,                                 JUDGMENT
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                                                                                  Hearing Date: April 18, 2022
19              VS'                                                               Hearing Time: 9:30am

20              MACK TRUCKING, INC. a California                                  Dept:     829                  .



                Corporation; MACK TRUCKING LP, a
                                                                                  JUdge: Janet    M- Frangle
21
                Callforma lelted Partnershlp; and          DOES     1-
                                                                                  Action Filed: September 20’ 2019
22         ,    50, Inclusive,


23                                    Defendants.

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                             [PROPOSED]       ORDER APPROVING PAGA SETTLEMENT AND JUDGMENT
              Plaintiffs   Jonathan Mitchell and Matthew Ford (“Plaintiffs”)                      move    for approval     0f the

     settlement of Plaintiff’s claims under the California Labor                     Code     Private Attorneys General Act

     (“PAGA”), pursuant       to California      Labor Code        § 2699(1), against        Defendants   Mack    Trucking, Inc.

     and   Mack Trucking     L.P. (“Defendants”).


              Plaintiffs   exhausted      all   administrative remedies required to bring the                     PAGA     claims

     asserted in this action and         is   authorized to act as private attorney generals with respect t0 the

     PAGA     claims being released under the terms 0f the Settlement Agreement and Limited Release

     (“Settlement Agreement”).          The     California Labor Workforce            Development Agency was provided

     with notice of the settlement and the motion for approval of the settlement via                        its   online process


10   and n0 objection has been received             to the settlement 0r the           motion from the Labor Workforce

11   Development Agency. The            Parties seek approval           of the settlement 0f Plaintiffs’    PAGA claims          and

12   the Settlement   Sum    to   be paid as part of the settlement as              set forth in the Settlement      Agreement

13   which was filed with the Court. The settlement provides                      for a Settlement     Sum   in the total   sum of

14   $240,000, which includes the Net              PAGA         Payment,       Plaintiff‘s   Counsel attorneys’ fees       in the


15   amount of $80,000,      Plaintiffs’      Counsel   litigation      expenses in the amount of up to $8,136.86 and a

16   Settlement Administrator Fee in an amount not to exceed $3,500. The Net                          PAGA Payment          is   the


17   amount remaining from the Settlement Sum                    after the   deduction 0f the Settlement Administration

18   Fee, Plaintiff’s Counsel’s Fee           Amount and         Plaintiffs’    Counsels’ Cost Amount. The Settlement


19   Administrator will be Simpluris. The Court approved the Settlement                         Sum   and the distributions 0f

20   the Settlement   Sum    as set forth above.


21            The Court, having reviewed           the evidence and papers submitted and argument 0f counsel,


22   pursuant to Labor Code section 2699(1)(2) hereby                    GRANTS      the Parties’ motion and approves the


23   PAGA     settlement as set forth in the Settlement                 Agreement and the Settlement Sum, Which              shall


24   be allocated and paid out as        set forth in the Settlement         Agreement.

25            The “Aggrieved Employees”                 are    defined     as “all truck drivers       who performed         a trip


26   acquired from Defendant that either originated and/or concluded in California between September

27   20,   2018 and February      8,   2022,”   (“PAGA        Period”).   Upon    entry 0f Judgment and funding in full 0f


28   the Settlement   by Defendants, the Released               Parties shall be entitled t0 a release       from the State of
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                    [PROPOSED]         ORDER APPROVING PAGA SETTLEMENT AND JUDGMENT