Preview
1
2
3 FILEO; ENDORSED"
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JUL 2 9 2021
5
6 By N. Smith. Deputy
7
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SACRAMENTO (UNLIMITED)
11 JOHN BOUDREAU, an individual, on behalf of Case No. 34-2018-00247272
2 himself and all others similarly situated, Complaint Filed: 12-27-18
Assigned to Dept. 41, Hon. David de Alba
13 Plaintiffs,
foRDER
14 vs.
15 PRIMERITUS FINANCIAL SERVICES, INC.,
a Delaware Corporation; CHRIS
16 MCGUINNESS, an individual; and DOES 1
through 10, inclusive.
17
Defendants.
18
19
20
21
WHEREAS, the Coiut has been advised that the parties to this action have agreed, subject to Court
22
approval following a hearing, to settle this certified class action tqjon 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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the Settlement;
)py of the Settlement is attached as Exhibit A to the Declaration of Alejandro P. Gutierrez, filed concurrently with the
28 iffs Motion for Preliminary Approval of Class and PAGA Action Settlement.
-1-
7 IProposed] ORDER GRANTING PRELIMINARY APPROVAL OF CX.ASS 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 qjpearing for Plaintiff and
3 Littier Mendelson et al. appearing for Defendant, having considered all briefs, evidence, and argument
4 regarding PlaintifFs Motion for PreUminary Approval of Class and PAGA Action Setdement, which
5 Defendant has not opposed, and for good cause appearing therefor,
6 IT IS HEREBY ORDERED that as follows:
7 (1) PlaintifFs Motion is GRANTED as set forth herein.
8 (2) Upon preliminary examination, that the setdement set forth therein is within the range of
9 reasonableness, and that a hearing should and will be held aiter notice to the Setdement Class to confirm that
10 tiie Settlement is far, adequate, and reasonable, and to determine whether a Judgment should be entered in tiiis
11 action based thereoa
12 (3) This Order Granting Preliminaiy Approval of Class and PAGA Action Settlement
13 ("PreUminary Approval Order"), hereby incorporates by reference the definitions in the Setdement, and all
14 tenns used herein shall have the same meanings as set foitii in that Settlement.
15 (4) The Court hereby GRANTS prehminaiy approval of the Settlement. The Settlement Class is
16 described as:
17
All non-exempt current and former employees of Primeritus who were employed by
18 Primeritus in Califomia during the class period, December 27, 2014 to August 12, 2019,
19 who held the position of Investigator/skip tiacer.
20
(5) This Court preliminarily approves the Settlement as set forth therein and finds that the
21
Setdement is wdthin the range of reasonableness as to Class Members and Defendant, was reached after
22
substantial investigation and discovery, and is the product of good faith, arm's-length negotiations between the
23
parties. This Courtfindsthat the proposed release is appropriately tailored to the claims at-issue and that tiie
24
allocation of payment among wages, penalties, and interest for tax purposes is reasonable.
25
(6) The Court proves the Notice of Class Action Settlement, in the general form attached to the
26
Joint Stipulation of Setdement (the "Notice"). The Notice provides information on the meaning and nature of
27
the Settlement Class, the terms and provisions of the Settlement, tiie manner in which payments to class
28
[Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT
1 members will be calculated, the application of PlaintifFs coimsel for reimbursement of costs and attorney's
2 fees, the Representative PlaintifFs 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 j^om the Settlement
4 Class and/or objecting to the Settlement. The Notice fully comphes with the requirements of Califomia law
5 and due process, constitutes Ihe best notice practicable tmder the circumstances, and is due and sufQcient
6 notice to all persons entitied to notice of the Settlement 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 foiuleen (14) days of Preliminary Aproval of the Settlement, Defendant
9 shall provide the Settlement Admiiustiator with the names, most current mailing address and telephone
10 number, social seciuity ntmiber, and the respective Individual Shifts at Issue and the ntmiber 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 Date, 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 retumed Notice
20 Packet, then the Settlement Administrator shall promptly forward the original Notice Packet to the
21 updated address via first-class regular U.S. mail indicating on the original Notice Packet the date of
22 such re-mailing. Where a Notice Packet is retumed as imdeliverable, without a forwarding address, the
23 Settlement Admiiustiator will perform a computer/SSN and "skiptiace"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 cotirt days of receiving the undeliverable notice
27 or obtaining the skip trace results) to the new address via first class 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 wall include, but shall not be limited to: information
5 regarding the native of the Lawsuit; a summary of the substance of the Settlement; the Class definition; a
6 description of the Settlement administiation, 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 the time period dtiring 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 opportimity 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 explain that, based on the dates of employment (or time in the requisite position),
19 the employees is not eligible for a PAGA Payment. An Opt-Out Form shall allow the recipient Omitted
20 Individual(s), if any, to elect exclusionfi-omthe setdement of the Released Class Claims but does not
21 exclude a PAGA Employeefi-omthe settlement of the Released PAGA Claims. Compliance with the notice
22 procedures specified m 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
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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 imnecessaiy to participate in the Settlement,
4 a Unless an Omitted Class Member submits a valid andtimelyOpt-Out Form to
5 the Settlement Administiator 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 rate share of the
7 Net Settlement Amoimt. (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 boimd 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 Administrator by no
13 later than forty-five (45) calendar days after the Notice Packet was first mailed. In order to object to the
14 Settlement, a Class Member must send his or her written objection to the Settlement Administrator no
15 later than forty-five (45) calendar days after the Notice Packet was first mailed.
16 c. Notwithstanding the submission of a timely request for exclusion, PAGA
17 Employees will still be boimd by the settlement and release of the Released PAGA Claims or remedies
18 imder 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 wall 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 overruled.
24 (9) Any dispute not resolved by the Settlement Administiator concerning the administiation
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 Administiator 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 Administiator, 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, Plaintifi" willfilea motion for
6 approval and judgment, any request for an attomey's fees award and/or reimbursement of litigation costs, and
7 Representative Plaintiff's incentive award, as well as a declarationfiomthe 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 unlav^ activity, has failed to comply with the
10 law in any respect, or has any Uability to anyone under the claims asserted in this htigation. Furthermore,
11 Plaintiff does not concede any of Defendant's afGrmative defenses nor assent to any of its denials. The parties
12 entered into the Setdement solely for the purpose of reaching a compromise on highly disputed claims and
13 nothing therein is an admission of UabiUty or wrongdoing by Defendant. Neither the Setdement 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 shall be held at ; / r O O a.m onTd^^i^ v3 , 2021, in
17 Department 41 of this Court, to determine whether the proposed Setdement is fair, adequate, reasonable, and
18 should be proved. Plaintiffs papers in support of the Setdement, and any appUcation for award of
19 attomey's fees and costs to Class Counsel, incentive award to the Representative Plaintiff, and claims
20 administration costs to the Claims Administrator, shall befiledwith the Court within thetimefimieset forth in
21 paragr^h 11, sipra. The hearing date may be continued withoutfiirthernotice to the class.
22 (14) Should the proposed Setdement be approved, follovmig diefinal^roval hearing, this Court
23 shall enter judgment in the above-captioned matter in accordance with the Settlement that will adjudicate die
24 rights of all class members who do not opt out, including the named Plaintiff.
25 (15) The Court will consider whether to ^rove Class Counsel's request for attomey's fees and
26 costs, incentive awards to the Class Representative, and payment of Claims Administration expensesfix)mthe
27 maximum setdement amount atfinalapproval.
28 (16) All members of the Setdement Class shall 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 Setdement Class.
2 (17) Any member of the Setdement Class may enter an j^jpearance, 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 j^pearance, they will be represented by Class Counsel.
5 (18) Any member of the Setdement Class may appear and show cause, if he or she has any reason,
6 why the proposed setdement should or should not be ^iproved as fair, reasonable, and adequate, or why a
7 Judgment of dismissal should or should not be entered thereon, or why attomeys' fees and costs should or
8 should not be awarded to Class Counsel in accordance with the Setdement Agreement; provided, however,
9 that no member of the Setdement Class or any other person shall be heard or entided to contest the approv^ of
10 the terms and conditions of the proposed setdement, or, if approved, the Judgment of dismissal to be entered
11 thereon approving the same, or, if awarded, the enhancement award to Plaintiff, unless diat person has served
12 by hand or byfirstclass mail written objections and copies of any papers and briefs, at least 30 calendar days
13 prior to thefinalfaimess hearing, upon Brian D. Hefelfinger, Palay Hefelfinger APC, 1746 S. Victoria
14 Avenue, Suite 230, Ventura, Catifomia, 93003, andfiledthese objections, papers and briefe with the Clerk of
15 the Superior Court of the State of California, for the County of Los Angeles. Any member of the Setdement
16 Class who does not make his or her objection in the manner provided shall be deemed to have waived such
17 objection and shall forever be foreclosedfi-ommaking any objection to the faimess or adequacy of the
18 proposed setdement as incorporated in the Setdement Agreement and any award of attomeys' fees and costs
19 awarded to Class Counsel in accordance with the Setdement Agreement, unless otherwise ordered.
20 (19) The Court reserves therightto adjoum the date of the Final Faimess Hearing without fiuther
21 notice to the members of the Setdement Class and retains jurisdiction to consider all furdier appUcations
22 arising out of or connected with the proposed Setdement Agreement. The Court may approve the Setdement
23 Agreement, with such modifications as may be agreed to by the settUng Parties, if appropriate, without further
24 notice to the members ofthe Setdement Class.
25 m s SO ORDERED.
26
27 DATED: V ^ , 2021
28
[Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT
Preview
1 2 3 FILEO; ENDORSED" 4 JUL 2 9 2021 5 6 By N. Smith. Deputy 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SACRAMENTO (UNLIMITED) 11 JOHN BOUDREAU, an individual, on behalf of Case No. 34-2018-00247272 2 himself and all others similarly situated, Complaint Filed: 12-27-18 Assigned to Dept. 41, Hon. David de Alba 13 Plaintiffs, foRDER 14 vs. 15 PRIMERITUS FINANCIAL SERVICES, INC., a Delaware Corporation; CHRIS 16 MCGUINNESS, an individual; and DOES 1 through 10, inclusive. 17 Defendants. 18 19 20 21 WHEREAS, the Coiut has been advised that the parties to this action have agreed, subject to Court 22 approval following a hearing, to settle this certified class action tqjon the terms and conditions set forth in the 23 Stipulation of Settlement' (the "Settlement"); and 24 WHEREAS Plaintiff John Boudreau approves of the Settlement; and 25 WHEREAS Defendant PRIMERITUS FINANCIAL SERVICES, INC. ("Defendant") approves of 26 the Settlement; )py of the Settlement is attached as Exhibit A to the Declaration of Alejandro P. Gutierrez, filed concurrently with the 28 iffs Motion for Preliminary Approval of Class and PAGA Action Settlement. -1- 7 IProposed] ORDER GRANTING PRELIMINARY APPROVAL OF CX.ASS 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 qjpearing for Plaintiff and 3 Littier Mendelson et al. appearing for Defendant, having considered all briefs, evidence, and argument 4 regarding PlaintifFs Motion for PreUminary Approval of Class and PAGA Action Setdement, which 5 Defendant has not opposed, and for good cause appearing therefor, 6 IT IS HEREBY ORDERED that as follows: 7 (1) PlaintifFs Motion is GRANTED as set forth herein. 8 (2) Upon preliminary examination, that the setdement set forth therein is within the range of 9 reasonableness, and that a hearing should and will be held aiter notice to the Setdement Class to confirm that 10 tiie Settlement is far, adequate, and reasonable, and to determine whether a Judgment should be entered in tiiis 11 action based thereoa 12 (3) This Order Granting Preliminaiy Approval of Class and PAGA Action Settlement 13 ("PreUminary Approval Order"), hereby incorporates by reference the definitions in the Setdement, and all 14 tenns used herein shall have the same meanings as set foitii in that Settlement. 15 (4) The Court hereby GRANTS prehminaiy approval of the Settlement. The Settlement Class is 16 described as: 17 All non-exempt current and former employees of Primeritus who were employed by 18 Primeritus in Califomia during the class period, December 27, 2014 to August 12, 2019, 19 who held the position of Investigator/skip tiacer. 20 (5) This Court preliminarily approves the Settlement as set forth therein and finds that the 21 Setdement is wdthin the range of reasonableness as to Class Members and Defendant, was reached after 22 substantial investigation and discovery, and is the product of good faith, arm's-length negotiations between the 23 parties. This Courtfindsthat the proposed release is appropriately tailored to the claims at-issue and that tiie 24 allocation of payment among wages, penalties, and interest for tax purposes is reasonable. 25 (6) The Court proves the Notice of Class Action Settlement, in the general form attached to the 26 Joint Stipulation of Setdement (the "Notice"). The Notice provides information on the meaning and nature of 27 the Settlement Class, the terms and provisions of the Settlement, tiie manner in which payments to class 28 [Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT 1 members will be calculated, the application of PlaintifFs coimsel for reimbursement of costs and attorney's 2 fees, the Representative PlaintifFs 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 j^om the Settlement 4 Class and/or objecting to the Settlement. The Notice fully comphes with the requirements of Califomia law 5 and due process, constitutes Ihe best notice practicable tmder the circumstances, and is due and sufQcient 6 notice to all persons entitied to notice of the Settlement 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 foiuleen (14) days of Preliminary Aproval of the Settlement, Defendant 9 shall provide the Settlement Admiiustiator with the names, most current mailing address and telephone 10 number, social seciuity ntmiber, and the respective Individual Shifts at Issue and the ntmiber 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 Date, 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 retumed Notice 20 Packet, then the Settlement Administrator shall promptly forward the original Notice Packet to the 21 updated address via first-class regular U.S. mail indicating on the original Notice Packet the date of 22 such re-mailing. Where a Notice Packet is retumed as imdeliverable, without a forwarding address, the 23 Settlement Admiiustiator will perform a computer/SSN and "skiptiace"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 cotirt days of receiving the undeliverable notice 27 or obtaining the skip trace results) to the new address via first class 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 wall include, but shall not be limited to: information 5 regarding the native of the Lawsuit; a summary of the substance of the Settlement; the Class definition; a 6 description of the Settlement administiation, 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 the time period dtiring 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 opportimity 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 explain that, based on the dates of employment (or time in the requisite position), 19 the employees is not eligible for a PAGA Payment. An Opt-Out Form shall allow the recipient Omitted 20 Individual(s), if any, to elect exclusionfi-omthe setdement of the Released Class Claims but does not 21 exclude a PAGA Employeefi-omthe settlement of the Released PAGA Claims. Compliance with the notice 22 procedures specified m 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 imnecessaiy to participate in the Settlement, 4 a Unless an Omitted Class Member submits a valid andtimelyOpt-Out Form to 5 the Settlement Administiator 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 rate share of the 7 Net Settlement Amoimt. (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 boimd 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 Administrator by no 13 later than forty-five (45) calendar days after the Notice Packet was first mailed. In order to object to the 14 Settlement, a Class Member must send his or her written objection to the Settlement Administrator no 15 later than forty-five (45) calendar days after the Notice Packet was first mailed. 16 c. Notwithstanding the submission of a timely request for exclusion, PAGA 17 Employees will still be boimd by the settlement and release of the Released PAGA Claims or remedies 18 imder 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 wall 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 overruled. 24 (9) Any dispute not resolved by the Settlement Administiator concerning the administiation 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 Administiator 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 Administiator, 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, Plaintifi" willfilea motion for 6 approval and judgment, any request for an attomey's fees award and/or reimbursement of litigation costs, and 7 Representative Plaintiff's incentive award, as well as a declarationfiomthe 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 unlav^ activity, has failed to comply with the 10 law in any respect, or has any Uability to anyone under the claims asserted in this htigation. Furthermore, 11 Plaintiff does not concede any of Defendant's afGrmative defenses nor assent to any of its denials. The parties 12 entered into the Setdement solely for the purpose of reaching a compromise on highly disputed claims and 13 nothing therein is an admission of UabiUty or wrongdoing by Defendant. Neither the Setdement 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 shall be held at ; / r O O a.m onTd^^i^ v3 , 2021, in 17 Department 41 of this Court, to determine whether the proposed Setdement is fair, adequate, reasonable, and 18 should be proved. Plaintiffs papers in support of the Setdement, and any appUcation for award of 19 attomey's fees and costs to Class Counsel, incentive award to the Representative Plaintiff, and claims 20 administration costs to the Claims Administrator, shall befiledwith the Court within thetimefimieset forth in 21 paragr^h 11, sipra. The hearing date may be continued withoutfiirthernotice to the class. 22 (14) Should the proposed Setdement be approved, follovmig diefinal^roval hearing, this Court 23 shall enter judgment in the above-captioned matter in accordance with the Settlement that will adjudicate die 24 rights of all class members who do not opt out, including the named Plaintiff. 25 (15) The Court will consider whether to ^rove Class Counsel's request for attomey's fees and 26 costs, incentive awards to the Class Representative, and payment of Claims Administration expensesfix)mthe 27 maximum setdement amount atfinalapproval. 28 (16) All members of the Setdement Class shall 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 Setdement Class. 2 (17) Any member of the Setdement Class may enter an j^jpearance, 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 j^pearance, they will be represented by Class Counsel. 5 (18) Any member of the Setdement Class may appear and show cause, if he or she has any reason, 6 why the proposed setdement should or should not be ^iproved as fair, reasonable, and adequate, or why a 7 Judgment of dismissal should or should not be entered thereon, or why attomeys' fees and costs should or 8 should not be awarded to Class Counsel in accordance with the Setdement Agreement; provided, however, 9 that no member of the Setdement Class or any other person shall be heard or entided to contest the approv^ of 10 the terms and conditions of the proposed setdement, or, if approved, the Judgment of dismissal to be entered 11 thereon approving the same, or, if awarded, the enhancement award to Plaintiff, unless diat person has served 12 by hand or byfirstclass mail written objections and copies of any papers and briefs, at least 30 calendar days 13 prior to thefinalfaimess hearing, upon Brian D. Hefelfinger, Palay Hefelfinger APC, 1746 S. Victoria 14 Avenue, Suite 230, Ventura, Catifomia, 93003, andfiledthese objections, papers and briefe with the Clerk of 15 the Superior Court of the State of California, for the County of Los Angeles. Any member of the Setdement 16 Class who does not make his or her objection in the manner provided shall be deemed to have waived such 17 objection and shall forever be foreclosedfi-ommaking any objection to the faimess or adequacy of the 18 proposed setdement as incorporated in the Setdement Agreement and any award of attomeys' fees and costs 19 awarded to Class Counsel in accordance with the Setdement Agreement, unless otherwise ordered. 20 (19) The Court reserves therightto adjoum the date of the Final Faimess Hearing without fiuther 21 notice to the members of the Setdement Class and retains jurisdiction to consider all furdier appUcations 22 arising out of or connected with the proposed Setdement Agreement. The Court may approve the Setdement 23 Agreement, with such modifications as may be agreed to by the settUng Parties, if appropriate, without further 24 notice to the members ofthe Setdement Class. 25 m s SO ORDERED. 26 27 DATED: V ^ , 2021 28 [Proposed] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT