On December 17, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Elwell, Kristy,
and
Chapron Sr., Victor,
Diversity Wireless Partners Llc,
Does 3 Through 20,
Garcia, Jon,
for Complex Civil Unlimited
in the District Court of San Bernardino County.
Preview
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0 RI G l NALsmfis OF SAN
3AM nFRNppmmn
COURT 0s: CALIFORNm
nISTRzC.
'
BrianJ Mankin, Esq. [CSB N0 216228] MAR 21 2M»?
brian@lmlfirm. com
Peter]. Carlson, Esq [CSB N0. 29561 1]
\
peter@lmlfirm com \f,
k};()kj
BY ‘‘‘‘‘
LAUBY, MANKIN & LAUBY, LLP MCOLE O'DWYFR 1’35:le
5198 Arlington Avenue, PMB 5 13
Riverside,CA 92504
Tel: (951) 320-1444 Fax: (951) 320-1445
l
Attorneys for Plaintiff, on a representative basis and 0n behalf of all others similarly situated
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
10
11 KRISTY ELWELL, individually, on a Case N0.: CIVSB2134554
representative basis, and 0n behalf of all [Assigned t0 Hon. Judge David Cohn, Dept. S26
12
others similarly situated; for allpurposes]
13
Plaintiff, PLAINTIFF’S UNOPPOSED MOTION
14 FOR PRELIMINARY APPROVAL OF
VS-
15
CLASS ACTION SETTLEMENT;
DIVERSITY WIRELESS PARTNERS DECLARATIONS 1N SUPPORT 03115
16 LLC, a California Limited Liability THEREOF; [PROPOSED] ORDER
Company; and DOES 1 through 20,
17
inclusive; Hearing
18
Dfifendants-
Date: April 19, 2023 A8
Time: 10:00 a.m.
19
Dept: $26
20
xva
21 Complaint filed: December 17, 2021
FAC filed: January 3 1, 2022
22
23
24
25
26
27
28‘
PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL 0F CLASS ACTION SETTLEMENT
-1-
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that 0n April 19, 2023 at 10:00 a.m., or as soon thereafter as
the matter may be heard by the Honorable David Cohn in Department $26 of the San Bernardino
County Superior Court, located at 247 West Third Street, San Bernardino, CA 92415, Plaintiff
Kristy Elwell, individually and 0n behalf 0f all others similarly situated, will and hereby does
move the Court for entry of an Order preliminarily approving the Parties’ class action settlement,
including:
1. Certifying the class for purposes of settlement only;
Preliminarily appointing Plaintiff as class representative for settlement purposes;
95”!”
10 Appointing Plaintiff s counsel as class counsel for purposes 0f settlement only;
11 Preliminarily approving the class action settlement as fair, adequate, and reasonable,
12 based upon the terms set forth in the Settlement Agreement;
13 5. Directing distribution of the Class Notice, including notice of the opportunity to
14 exclude oneself from, or object to, the settlement;
15 6. Setting a date for a final fairness hearing to determine, following dissemination of the
16 Class Notice, Whether to grant final approval 0f the Settlement.
17 This motion is based upon this Memorandum of Points and Authorities in Support
18 thereof; the Declaration 0f Plaintiff and Plaintiff’ s counsel (Brian Mankin and Peter Carlson); the
19 Class Action and PAGA Settlement Agreement and Release 0f Claims (the “Settlement
20 Agreement”); the proposed Order granting Preliminary Approval 0f the Settlement; all other
21 records, pleadings, and papers filed in this action; and upon such other evidence or argument as
22 may be presented t0 the Court at the hearing of this motion.
23
24 Dated: March 21, 2023 LAUBY, MANKIN & LAUBY LLP
25
26 BY:
Brian J. Mafifin, Esq.
27 Attorneys for Plaintiff and the Proposed
Class
28
PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
_ii_
Document Filed Date
March 21, 2023
Case Filing Date
December 17, 2021
Category
Complex Civil Unlimited
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L5. E} 0 RI G l NALsmfis OF SAN 3AM nFRNppmmn COURT 0s: CALIFORNm nISTRzC. ' BrianJ Mankin, Esq. [CSB N0 216228] MAR 21 2M»? brian@lmlfirm. com Peter]. Carlson, Esq [CSB N0. 29561 1] \ peter@lmlfirm com \f, k};()kj BY ‘‘‘‘‘ LAUBY, MANKIN & LAUBY, LLP MCOLE O'DWYFR 1’35:le 5198 Arlington Avenue, PMB 5 13 Riverside,CA 92504 Tel: (951) 320-1444 Fax: (951) 320-1445 l Attorneys for Plaintiff, on a representative basis and 0n behalf of all others similarly situated SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO 10 11 KRISTY ELWELL, individually, on a Case N0.: CIVSB2134554 representative basis, and 0n behalf of all [Assigned t0 Hon. Judge David Cohn, Dept. S26 12 others similarly situated; for allpurposes] 13 Plaintiff, PLAINTIFF’S UNOPPOSED MOTION 14 FOR PRELIMINARY APPROVAL OF VS- 15 CLASS ACTION SETTLEMENT; DIVERSITY WIRELESS PARTNERS DECLARATIONS 1N SUPPORT 03115 16 LLC, a California Limited Liability THEREOF; [PROPOSED] ORDER Company; and DOES 1 through 20, 17 inclusive; Hearing 18 Dfifendants- Date: April 19, 2023 A8 Time: 10:00 a.m. 19 Dept: $26 20 xva 21 Complaint filed: December 17, 2021 FAC filed: January 3 1, 2022 22 23 24 25 26 27 28‘ PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL 0F CLASS ACTION SETTLEMENT -1- TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that 0n April 19, 2023 at 10:00 a.m., or as soon thereafter as the matter may be heard by the Honorable David Cohn in Department $26 of the San Bernardino County Superior Court, located at 247 West Third Street, San Bernardino, CA 92415, Plaintiff Kristy Elwell, individually and 0n behalf 0f all others similarly situated, will and hereby does move the Court for entry of an Order preliminarily approving the Parties’ class action settlement, including: 1. Certifying the class for purposes of settlement only; Preliminarily appointing Plaintiff as class representative for settlement purposes; 95”!” 10 Appointing Plaintiff s counsel as class counsel for purposes 0f settlement only; 11 Preliminarily approving the class action settlement as fair, adequate, and reasonable, 12 based upon the terms set forth in the Settlement Agreement; 13 5. Directing distribution of the Class Notice, including notice of the opportunity to 14 exclude oneself from, or object to, the settlement; 15 6. Setting a date for a final fairness hearing to determine, following dissemination of the 16 Class Notice, Whether to grant final approval 0f the Settlement. 17 This motion is based upon this Memorandum of Points and Authorities in Support 18 thereof; the Declaration 0f Plaintiff and Plaintiff’ s counsel (Brian Mankin and Peter Carlson); the 19 Class Action and PAGA Settlement Agreement and Release 0f Claims (the “Settlement 20 Agreement”); the proposed Order granting Preliminary Approval 0f the Settlement; all other 21 records, pleadings, and papers filed in this action; and upon such other evidence or argument as 22 may be presented t0 the Court at the hearing of this motion. 23 24 Dated: March 21, 2023 LAUBY, MANKIN & LAUBY LLP 25 26 BY: Brian J. Mafifin, Esq. 27 Attorneys for Plaintiff and the Proposed Class 28 PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT _ii_