Preview
1
2
3
4
5
6
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF KERN
10
11 JUSTIN CARINO, individually and on behalf Case No.: BCV-20-102879 TSC
of other persons similarly situated,
12 [Assigned to Hon. Thomas S. Clark for all
purposes, Dept. 17]
13 Plaintiff,
CLASS ACTION
14 vs.
[PROPOSED] ORDER GRANTING
15 PRELIMINARY APPROVAL OF CLASS
ADVENTIST HEALTH DELANO DBA ACTION AND PAGA SETTLEMENT
16 DELANO REGIONAL MEDICAL
CENTER, a California Corporation; and
17 DOES 1-50,
Date: November 13, 2023
18
Defendants. Time: 8:30 A.M
Dept. 17
19 Honorable Thomas S. Clark
20
21
22
23
24
25
26
27
28
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION AND
PAGA SETTLEMENT
1 [PROPOSED] ORDER
2 This matter having come for hearing on November 13, 2023, regarding Plaintiff’s
3 unopposed Motion for Preliminary Approval of Class Action and PAGA Settlement (the “Motion”)
4 on the terms set forth in the parties’ Joint Stipulation of Settlement and Release (“Settlement
5 Agreement” or “Settlement”) attached as Exhibit 1 to the concurrently filed Declaration of Jeremy
6 F. Bollinger in Support of Plaintiff’s Motion for Preliminary Approval of Class Action and PAGA
7 Settlement. Having considered the Settlement, all papers and proceedings held herein, and having
8 reviewed the entire record in this action, the Court hereby finds and orders:
9 1. The Court grants Plaintiff leave to file the overlength brief attached to the Motion.
10 2. The Court grants preliminary approval of the Settlement and the Settlement Class,
11 and the Gross Settlement Amount of Five Hundred Fifty Thousand Dollars ($550,000.00) on a
12 claims made basis, including the allocation of Twenty Thousand Dollars ($20,000.00) towards the
13 recovery of civil penalties under the Private Attorneys General Act, based upon the terms set forth
14 in the Settlement Agreement. All terms used herein shall have the same meaning as defined in the
15 Settlement. The resolution set forth in the Settlement appears to be fair, adequate, and reasonable
16 to the Class.
17 3. The Settlement falls within the range of reasonableness and is presumptively valid,
18 subject only to any objections that may be raised at the final fairness hearing and final approval by
19 this Court.
20 4. A final fairness hearing on the question of whether the proposed Settlement, the
21 attorneys’ fees and costs to Plaintiff’s counsel, Moss Bollinger LLP, and Plaintiff’s enhancement
22 award should be finally approved as fair, reasonable, and adequate as to the members of the Class
23 is scheduled in Department 17 on the date and time set forth in the implementation schedule below.
24 5. This Court approves, as to form and content, the Notice of Pendency of Class Action
25 Settlement (“Class Notice”), the Claim Form, and the Response Deadline Reminder Postcard to
26 be distributed to the Class Members pursuant to the Settlement in substantially the same form as
27 is attached as Exhibits A-C to the Settlement Agreement. The Court approves the procedure for
28
1
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA
SETTLEMENT
1 Class Members to participate in, to opt out of, and to object to the Settlement as set forth in the
2 Settlement.
3 6. The Court directs the mailing of the Class Notice, the Claim Form, and the
4 Response Deadline Reminder Postcard by first class mail to the Class Members in accordance with
5 the implementation schedule set forth below and in the Settlement. The Court finds the dates
6 selected for the mailing and distribution of the Class Notice, as set forth in the implementation
7 schedule, meet the requirements of due process and constitute the best notice practicable under the
8 circumstances and due and sufficient notice to all persons entitled thereto.
9 7. The Court preliminarily certifies the Class, as defined in the Motion, for settlement
10 purposes.
11 8. The Court confirms Plaintiff Justin Carino (“Plaintiff” or “Class Representative”)
12 as class representative.
13 9. The court confirms Jeremy F. Bollinger, Dennis F. Moss, Ari E. Moss, and Jorge
14 A. Flores of Moss Bollinger, LLP as class counsel.
15 10. The court appoints Phoenix Settlement Administrators as the settlement
16 administrator.
17 11. To facilitate administration of the Settlement pending final approval, the court
18 hereby enjoins Plaintiff and all members of the Class from filing or prosecuting any claims, suits,
19 or administrative proceedings (including filing claims with the Division of Labor Standards
20 Enforcement of the California Department of Industrial Relations) regarding claims released by
21 the Settlement, unless and until such Class Members have filed valid requests for exclusion with
22 the Settlement Administrator and the time for filing claims with the Settlement Administrator has
23 elapsed.
24 12. The Court orders the following Implementation Schedule for further proceedings:
25
a. Deadline for Defendant to Submit Class
26 Data to the Settlement Administrator
[Within ten (10) calendar days of this
27 order.]
28
2
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA
SETTLEMENT
1
b. Deadline for Settlement Administrator to
2 Mail Notice Packets to all Class Members
[Within fourteen (14) calendar days after
3 receipt of Class Data from Defendant.]
4 c. Deadline for Settlement Administrator to
Mail Reminder Postcard to all Class
5 Members Who Have Not Made a Claim or [Thirty (30) days after mailing Notice
Excluded Themselves from Settlement Packets.]
6
7 d. Deadline for Class Members to Postmark
Challenges to Calculation of Workweeks
8 [Within forty-five (45) days after mailing
of the Class Notice.]
9
d. Deadline for Class Members to Postmark
10 Requests for Exclusion
[Within forty-five (45) days after mailing
11 of the Class Notice.]
12
e. Deadline for Class Members to Submit
13 Any Objections to Settlement
[Within forty-five (45) days after mailing
14 of the Class Notice.]
15 f. Deadline for Settlement Administrator to
Provide Class Counsel with Declaration of
16 Due Diligence [At least twenty-one (21) calendar days
prior to final approval and fairness
17
hearing.]
18
f Final Approval and Fairness Hearing ____________________________
19
at ______ a.m./p.m.
20
21
13. If any of the dates in this implementation schedule fall on a weekend, bank or court
22
holiday, the time to act shall be extended to the next business day.
23
IT IS SO ORDERED.
24
25 Dated: _________________________ _________________________________________
26 Hon. Thomas S. Clark
Judge of the Superior Court, County of Kern
27
28
3
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA
SETTLEMENT
Preview
1 2 3 4 5 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF KERN 10 11 JUSTIN CARINO, individually and on behalf Case No.: BCV-20-102879 TSC of other persons similarly situated, 12 [Assigned to Hon. Thomas S. Clark for all purposes, Dept. 17] 13 Plaintiff, CLASS ACTION 14 vs. [PROPOSED] ORDER GRANTING 15 PRELIMINARY APPROVAL OF CLASS ADVENTIST HEALTH DELANO DBA ACTION AND PAGA SETTLEMENT 16 DELANO REGIONAL MEDICAL CENTER, a California Corporation; and 17 DOES 1-50, Date: November 13, 2023 18 Defendants. Time: 8:30 A.M Dept. 17 19 Honorable Thomas S. Clark 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT 1 [PROPOSED] ORDER 2 This matter having come for hearing on November 13, 2023, regarding Plaintiff’s 3 unopposed Motion for Preliminary Approval of Class Action and PAGA Settlement (the “Motion”) 4 on the terms set forth in the parties’ Joint Stipulation of Settlement and Release (“Settlement 5 Agreement” or “Settlement”) attached as Exhibit 1 to the concurrently filed Declaration of Jeremy 6 F. Bollinger in Support of Plaintiff’s Motion for Preliminary Approval of Class Action and PAGA 7 Settlement. Having considered the Settlement, all papers and proceedings held herein, and having 8 reviewed the entire record in this action, the Court hereby finds and orders: 9 1. The Court grants Plaintiff leave to file the overlength brief attached to the Motion. 10 2. The Court grants preliminary approval of the Settlement and the Settlement Class, 11 and the Gross Settlement Amount of Five Hundred Fifty Thousand Dollars ($550,000.00) on a 12 claims made basis, including the allocation of Twenty Thousand Dollars ($20,000.00) towards the 13 recovery of civil penalties under the Private Attorneys General Act, based upon the terms set forth 14 in the Settlement Agreement. All terms used herein shall have the same meaning as defined in the 15 Settlement. The resolution set forth in the Settlement appears to be fair, adequate, and reasonable 16 to the Class. 17 3. The Settlement falls within the range of reasonableness and is presumptively valid, 18 subject only to any objections that may be raised at the final fairness hearing and final approval by 19 this Court. 20 4. A final fairness hearing on the question of whether the proposed Settlement, the 21 attorneys’ fees and costs to Plaintiff’s counsel, Moss Bollinger LLP, and Plaintiff’s enhancement 22 award should be finally approved as fair, reasonable, and adequate as to the members of the Class 23 is scheduled in Department 17 on the date and time set forth in the implementation schedule below. 24 5. This Court approves, as to form and content, the Notice of Pendency of Class Action 25 Settlement (“Class Notice”), the Claim Form, and the Response Deadline Reminder Postcard to 26 be distributed to the Class Members pursuant to the Settlement in substantially the same form as 27 is attached as Exhibits A-C to the Settlement Agreement. The Court approves the procedure for 28 1 [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT 1 Class Members to participate in, to opt out of, and to object to the Settlement as set forth in the 2 Settlement. 3 6. The Court directs the mailing of the Class Notice, the Claim Form, and the 4 Response Deadline Reminder Postcard by first class mail to the Class Members in accordance with 5 the implementation schedule set forth below and in the Settlement. The Court finds the dates 6 selected for the mailing and distribution of the Class Notice, as set forth in the implementation 7 schedule, meet the requirements of due process and constitute the best notice practicable under the 8 circumstances and due and sufficient notice to all persons entitled thereto. 9 7. The Court preliminarily certifies the Class, as defined in the Motion, for settlement 10 purposes. 11 8. The Court confirms Plaintiff Justin Carino (“Plaintiff” or “Class Representative”) 12 as class representative. 13 9. The court confirms Jeremy F. Bollinger, Dennis F. Moss, Ari E. Moss, and Jorge 14 A. Flores of Moss Bollinger, LLP as class counsel. 15 10. The court appoints Phoenix Settlement Administrators as the settlement 16 administrator. 17 11. To facilitate administration of the Settlement pending final approval, the court 18 hereby enjoins Plaintiff and all members of the Class from filing or prosecuting any claims, suits, 19 or administrative proceedings (including filing claims with the Division of Labor Standards 20 Enforcement of the California Department of Industrial Relations) regarding claims released by 21 the Settlement, unless and until such Class Members have filed valid requests for exclusion with 22 the Settlement Administrator and the time for filing claims with the Settlement Administrator has 23 elapsed. 24 12. The Court orders the following Implementation Schedule for further proceedings: 25 a. Deadline for Defendant to Submit Class 26 Data to the Settlement Administrator [Within ten (10) calendar days of this 27 order.] 28 2 [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT 1 b. Deadline for Settlement Administrator to 2 Mail Notice Packets to all Class Members [Within fourteen (14) calendar days after 3 receipt of Class Data from Defendant.] 4 c. Deadline for Settlement Administrator to Mail Reminder Postcard to all Class 5 Members Who Have Not Made a Claim or [Thirty (30) days after mailing Notice Excluded Themselves from Settlement Packets.] 6 7 d. Deadline for Class Members to Postmark Challenges to Calculation of Workweeks 8 [Within forty-five (45) days after mailing of the Class Notice.] 9 d. Deadline for Class Members to Postmark 10 Requests for Exclusion [Within forty-five (45) days after mailing 11 of the Class Notice.] 12 e. Deadline for Class Members to Submit 13 Any Objections to Settlement [Within forty-five (45) days after mailing 14 of the Class Notice.] 15 f. Deadline for Settlement Administrator to Provide Class Counsel with Declaration of 16 Due Diligence [At least twenty-one (21) calendar days prior to final approval and fairness 17 hearing.] 18 f Final Approval and Fairness Hearing ____________________________ 19 at ______ a.m./p.m. 20 21 13. If any of the dates in this implementation schedule fall on a weekend, bank or court 22 holiday, the time to act shall be extended to the next business day. 23 IT IS SO ORDERED. 24 25 Dated: _________________________ _________________________________________ 26 Hon. Thomas S. Clark Judge of the Superior Court, County of Kern 27 28 3 [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT