On January 08, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Espino, Gabe,
Rosales, Ramiro,
and
Kagome, Inc.,
for (15): Unlimited Other Employment
in the District Court of Merced County.
Preview
Superior Court of California, County of Merced
MINUTE ORDERS
Ramiro Rosales et al. 8:15 AM - 9:00 AM
vs Motion
Kagome, Inc.
19CV-02399
Date of Hearing: 12/18/2020
Heard By: Proietti, Donald Location: Courtroom 10
Courtroom Reporter: M. Matheson Courtroom Clerk: H. Zychowski
Court Interpreter:
Court Investigator:
Parties Present: Future Hearings:
Huether, Melissa Arielle Attorney
Exhibits:
The case is regularly called for hearing:
- The Court is present via Zoom.
The Court states it posted its tentative ruling yesterday and it did not receive any request for argument.
The Court confirms its tentative ruling as follows with the following correction:
The reimbursement of costs should be $44,577.28.
Plaintiffs Motion for Final Approval of Class Action Settlement is GRANTED.
The court finds that the applicable requirements of CCP 382 and Cal. Rules of Court Rule 3.769, et seq.
have been satisfied; that the Notice of Class Action Settlement fully informed the Class Members of their
opportunity to participate or seek exclusion from the settlement; that final approval of the class action
settlement is granted as the settlement is reasonable, adequate, and in the best interests of the Class as
a whole; that Settlement Administration costs of $12,500 are appropriate and should be paid; that an
incentive of$10,000 to Plaintiff Rosales is appropriate and should be paid; that an allocation of
$150,000 towards penalties is fair, reasonable, and approved and that $112,500 to the California Labor
and Workforce Development Agency and $37,500 included in the Net Settlement; that the request for
attorney s fees of $700,000 is reasonable and should be paid; that reimbursement of costs of $44,
5787.28 is reasonable and should be made; and that this court shall retain jurisdiction to supervise
settlement issues.
Status Review of Settlement
Off Calendar as moot given this court’s approval of the Final Class Action Settlement.
The Court will sign the order after hearing.
- Parties Present via Court Call; Attorney: Huether, Melissa Arielle
Printed: 12/22/2020 12/18/2020 Motion - 19CV-02399 Page 1 of 1
Document Filed Date
December 18, 2020
Case Filing Date
January 08, 2019
Category
(15): Unlimited Other Employment
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Superior Court of California, County of Merced MINUTE ORDERS Ramiro Rosales et al. 8:15 AM - 9:00 AM vs Motion Kagome, Inc. 19CV-02399 Date of Hearing: 12/18/2020 Heard By: Proietti, Donald Location: Courtroom 10 Courtroom Reporter: M. Matheson Courtroom Clerk: H. Zychowski Court Interpreter: Court Investigator: Parties Present: Future Hearings: Huether, Melissa Arielle Attorney Exhibits: The case is regularly called for hearing: - The Court is present via Zoom. The Court states it posted its tentative ruling yesterday and it did not receive any request for argument. The Court confirms its tentative ruling as follows with the following correction: The reimbursement of costs should be $44,577.28. Plaintiffs Motion for Final Approval of Class Action Settlement is GRANTED. The court finds that the applicable requirements of CCP 382 and Cal. Rules of Court Rule 3.769, et seq. have been satisfied; that the Notice of Class Action Settlement fully informed the Class Members of their opportunity to participate or seek exclusion from the settlement; that final approval of the class action settlement is granted as the settlement is reasonable, adequate, and in the best interests of the Class as a whole; that Settlement Administration costs of $12,500 are appropriate and should be paid; that an incentive of$10,000 to Plaintiff Rosales is appropriate and should be paid; that an allocation of $150,000 towards penalties is fair, reasonable, and approved and that $112,500 to the California Labor and Workforce Development Agency and $37,500 included in the Net Settlement; that the request for attorney s fees of $700,000 is reasonable and should be paid; that reimbursement of costs of $44, 5787.28 is reasonable and should be made; and that this court shall retain jurisdiction to supervise settlement issues. Status Review of Settlement Off Calendar as moot given this court’s approval of the Final Class Action Settlement. The Court will sign the order after hearing. - Parties Present via Court Call; Attorney: Huether, Melissa Arielle Printed: 12/22/2020 12/18/2020 Motion - 19CV-02399 Page 1 of 1