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11 Edwin Aiwazian
Edwin Aiwazian (SBN
(SBN 232943)
232943) Electronically Filed
Arby Aiwazian
Amby (SBN 269827)
Aiwazian (SBN 269827) 1/25/2021 1:10 PM
2
2 Joanna Ghosh
Joanna Ghosh (SBN
(SBN 272479)
272479) Superior Court of California
LAWYERS
LAWYERS for for JUSTICE,
JUSTICE, PC PC County of Stanislaus
3
3 410 West
410 Arden Avenue,
West Arden Avenue, Suite
Suite 203
203 Clerk of the Court
Glendale, California
Glendale, California 991203
1203 By: Nicole Nelson, Deputy
4
4 Tel: (818)
Tel: (818) 265-1020
265-1020 // Fax:
Fax: (818)
(818) 265-1021
265-102 l
55 Attorneys
Attorneys for Plaintiff
for Plaintiff $60 PD
$30 NOT PD
6
6
7
7
88
SUPERIOR COURT
SUPERIOR COURT OF OF THE
THE STATE
STATE OF CALIFORNIA
OF CALIFORNIA
99
FOR
FOR THETHE COUNTY
COUNTY OF OF STANISLAUS
STANISLAUS
10
10
CASSANDRA D'ANTONIO,
CASSANDRA D’ANTONIO, individually,
individually, Case No.:
Case CV-19-004015
No.: CV-19-004015
and on
on behalf of other
other members
members of of the
the
for JUSTICE, PC
11
11 and behalf of
general
general public similarly situated
public similarly situated and on
and on Honorable John
Honorable John D.D. Freeland
Freeland
410 West Arden Avenue, Suite 203
12 behalf of
behalf of other aggrieved employees
other aggrieved employees pursuant
pursuant Department 23
Department 23
91203
California 91203
12
to the
to the California Private Attorneys
California Private General
Attorneys General
13
13 Act;
Act, CLASS ACTION
CLASS ACTION
Glendale, California
14 Plaintiff,
Plaintiff, PLAINTIFF'S NOTICE
PLAINTIFF'S NOTICE OF OF MOTION
MOTION
LAWYERS for
14
AND MOTION FOR
AND MOTION FOR PRELIMINARY
PRELIMINARY
Glendale-
15
15 v.
v. APPROVAL
APPROVAL OF OF CLASS
CLASS ACTION
ACTION
SETTLEMENT;
SETTLEMENT' MEMORANDUM MEMORANDUM OF OF
16
16 FIG
FIG HOLDINGS,
HOLDINGS, LLC, LLC, aa California limited
California limited POINTS AND
POINTS AUTHORITIES
AND XUTHORITI ES
liability company; and
liability company, and DOES
DOES 1l through 100,
through 100,
17
17 inclusive,
inclusive, [Declaration of
[Declaration of Proposed
Proposed Class
Class Counsel
Counsel
(Edwin Aiwazian); Declaration
(Edwin Aiwazian), Declaration of of
18
18 Defendants.
Defendants. Proposed Class
Proposed Class Representative
Representative (Cassandra
(Cassandra
D'Antonio); and
D'Antonio), [Proposed] Order
and [Proposed] Order filed
filed
19
19 concurrently
concurrently herewith]
herewith]
20
20 Date::
Date March 2, 2021
Time::
Time 8:30 a.m.
8:30 a.m.
21
21 Department:
Department: 23
23
22
22 Complaint
Complaint Filed:
Filed: July 12,
July 12, 2019
2019
2019
FAC Filed:
FAC Filed: June 17,
June 2020
17, 2020
23
23 Trial Date:
Trial Date: None Set
None Set
24
24
25
25
26
26 M, 2021 8:30
a.m.
27
27 23
28
28
PLAINTIFF'S
PLAINTIFF'S NOTICE
NOTICE OF OF MOTION
MOTION AND AND MOTION
MOTION FOR FOR PRELIMINARY
PRELIMINARY APPROVAL
APPROVAL OF OF CLASS
CLASS
ACTION
ACTION SETTLEMENT; MEMORANDUM OF
SETTLEMENT; MEMORANDUM OF POINTS
POINTS ANDAND AUTHORITIES
AUTHORITIES
11 TO THE HONORABLE
T() THE HONORABLE COURT COURT AND AND TO TO ALL
ALL PARTIES
PARTIES AND THEIR COUNSEL
AND THEIR COUNSEL OF OF
2
2 RECORD::
RECORD
3
3 PLEASE
PLEASE TAKE
TAKE NOTICE
NOTICE that
that on
on March 2,
March 2, 2021
2021 at
at 8:30
8:30 a.m.
a.m. or
or as
as soon
soon thereafter
thereafter
4
4 as
as the
the matter
matter may
may be
be heard
heard before the
before the Honorable
Honorable John
John D.
D. Freeland
Freeland in
in Department
Department 23
23 of
of the
the
55 Superior
Superior Court
Court of
of California
California for
for the
the County
County of
of Stanislaus,
Stanislaus, located
located at
at City
City Towers,
Towers, 801
801 10th
loth
6
6 Street,
Street, 4th
4th Floor,
Floor, Modesto,
Modesto, California
California 95354,
95354, Plaintiff
Plaintiff Cassandra
Cassandra D'Antonio
D'Antonio (“Plaintiff”
("Plaintiff' or
or
7
7 “Class Representative")
"Class Representative”) will, and hereby
will, and does, move
hereby does, move for an order:
for an order:
88 Granting
Granting preliminary
preliminary approval
approval of
of the
the proposed
proposed class
class action
action settlement
settlement described
described
9
9 herein
herein and
and as
as set
set forth
forth in
in the
the Class
Class Action
Action and
and PAGA
PAGA Settlement
Settlement Agreement
Agreement and
and
10
10 Stipulation
Stipulation (“Settlement,”
("Settlement," “Agreement,”
"Agreement," or
or “Settlement
"Settlement Agreement”),
Agreement"), attached
attached as
as
for JUSTICE, PC
11
11 “EXHIBIT 1”
"EXHIBIT 1" to the Declaration
to the Declaration of of Edwin
Edwin Aiwazian,
Aiwazian, including,
including, but
but not
not limited
limited to,
to,
410 West Arden Avenue, Suite 203
12 the means of allocation and distribution of funds,
funds, including and not
not limited to, the
91203
California 91203
12 the means of allocation and distribution of including and limited to, the
13
13 allocations for
allocations for penalties
penalties under the California
under the California Labor
Labor Code
Code Private
Private Attorneys
Attorneys General
General
Glendale, California
14 PLEASEAct TAKEof NOTICE
2004, that on
Attorneys' February
Fees and , 2021
Costs to at
to 8:30Counsel,
Class a.m. or asEnhancement
Counsel, soon thereafter
Enhancement Award to
LAWYERS for
14 Act of 2004, Attorneys' Fees and Costs Class Award to
Glendale-
as
15
15 the matter may be heard
Plaintiff,
Plaintiff, andbefore
and the Honorable
Administration
Administration Costs John
Costs to theD.
to the FreelandAdministrator;
Settlement
Settlement in Department
Administrator, 23 of the
Superior
16
16 Court
of California
Conditionally
Conditionally for the County
certifying
certifying of
the Class
the Class Stanislaus,
for located
for settlement
settlement at City
purposes;
purposes, Towers, 801 loth
Street,
17
17 4th Floor,
Modesto,
Preliminarily
Preliminarily California
appointing95354,
appointing PlaintiffPlaintiff
Plaintiff Cassandra
CassandraCassandra
D'Antonio
D'Antonio D'Antonio
Class ("Plaintiff'
as Class
as or
Representative;
Representative,
"Class Representative")
18
18 will, and
Preliminarily
Preliminarily hereby does,
appointing
appointing Edwin
Edwin move for an order:
Aiwazian,
Aiwazian, Arby
Arby Aiwazian,
Aiwazian, and
and Joanna
Joanna Ghosh
Ghosh of
of
19
19 Lawyers for
Lawyers for Justice,
Justice, PC as Class
PC as Class Counsel,
Counsel;
20
20 Approving the
Approving the proposed
proposed Notice of Class
Notice of Class Action Settlement ("Class
Action Settlement (“Class Notice”), attached
Notice"), attached
21 as cc
21 as
as “EXHIBIT
"EXHIBIT
EXHIBIT 1”
1" to
to the [Proposed]
the [Proposed] Order Granting
Order Granting Preliminary
Preliminary Approval
Approval of of Class
Class
22
22 Action Settlement;
Action Settlement,
23
23 Directing the
Directing the mailing of the
mailing of the Class Notice to
Class Notice the Class
to the Class Members,
Members;
24
24 Approving
Approving the
the proposed
proposed deadlines
deadlines for
for the
the notice
notice and
and settlement
settlement administration
administration
25
25 process;
process,
26
26 .
Approving Phoenix
Approving Phoenix Settlement Administrators as
Settlement Administrators as the
the Settlement
Settlement Administrator,
Administrator; andand
27
27 ///
///
28
28 ///
///
ii
PLAINTIFF'S NOTICE
PLAINTIFF'S NOTICE OF OF MOTION
MOTION AND AND MOTION
MOTION FOR FOR PRELIMINARY
PRELIMINARY APPROVAL
APPROVAL OF OF CLASS
CLASS
ACTION
ACTION SETTLEMENT;
SETTLEMENT; MEMORANDUM
MEMORANDUM OF OF POINTS
POINTS AND AND AUTHORITIES
AUTHORITIES
. Scheduling a hearing to consider whether to grant final approval of the Settlement, at
1 . Scheduling
which aa hearing
time the
Scheduling to
Court will
hearing consider whether
also consider
to consider whether to
whethergrant final
to grant
to grant approval of the
final approval
final approval of theofSettlement,
Settlement,
the requestsat
at
2 which
for time
the time
which the Court
Attorneys'
the Court will
Feeswill also
andalso consider
Costs to Class
consider whether
Counsel,
whether to grant
to grant final
final approval
Enhancement Awardof
approval offor
thePlaintiff,
the requests
requests
33 for
PAGA the Payment,
for the Attorneys'and
Attorneys' Fees
Fees and Costs to
Administration
and Costs Class Counsel,
CostsCounsel,
to Class Enhancement
to Settlement Award
Administrator.
Enhancement Award forfor Plaintiff,
Plaintiff,
4 ThisPAGA
motion
PAGA Payment,
is madeand
Payment, and Administration
pursuant to Rule
Administration Costs
Costs to
3.769 Settlement
of Settlement
to the Administrator.
California Rules of
Administrator. Court, which
55 This
providesThis motion
for approval
motion isby
is made
made pursuant
the Court
pursuant to
of the
to Rule 3.769 of
settlement
Rule 3.769 of athe
of California
putative
the Rules
classRules
California ofand
actionof Court, which
allows
Court, the
which
66 provides
Court
provides for approval certify
to preliminarily
for approval by the
by the aCourt of
class of
Court the
forthe settlement
settlement
settlement of
of aa putative
purposes. class action
putative class action and allows the
and allows the
77 Court
Court totoThis
preliminarily
motion
preliminarily certify
is certify
based aa class
classthe
upon for settlementmemorandum
forfollowing
settlement purposes.
Preview
11 Edwin Aiwazian Edwin Aiwazian (SBN (SBN 232943) 232943) Electronically Filed Arby Aiwazian Amby (SBN 269827) Aiwazian (SBN 269827) 1/25/2021 1:10 PM 2 2 Joanna Ghosh Joanna Ghosh (SBN (SBN 272479) 272479) Superior Court of California LAWYERS LAWYERS for for JUSTICE, JUSTICE, PC PC County of Stanislaus 3 3 410 West 410 Arden Avenue, West Arden Avenue, Suite Suite 203 203 Clerk of the Court Glendale, California Glendale, California 991203 1203 By: Nicole Nelson, Deputy 4 4 Tel: (818) Tel: (818) 265-1020 265-1020 // Fax: Fax: (818) (818) 265-1021 265-102 l 55 Attorneys Attorneys for Plaintiff for Plaintiff $60 PD $30 NOT PD 6 6 7 7 88 SUPERIOR COURT SUPERIOR COURT OF OF THE THE STATE STATE OF CALIFORNIA OF CALIFORNIA 99 FOR FOR THETHE COUNTY COUNTY OF OF STANISLAUS STANISLAUS 10 10 CASSANDRA D'ANTONIO, CASSANDRA D’ANTONIO, individually, individually, Case No.: Case CV-19-004015 No.: CV-19-004015 and on on behalf of other other members members of of the the for JUSTICE, PC 11 11 and behalf of general general public similarly situated public similarly situated and on and on Honorable John Honorable John D.D. Freeland Freeland 410 West Arden Avenue, Suite 203 12 behalf of behalf of other aggrieved employees other aggrieved employees pursuant pursuant Department 23 Department 23 91203 California 91203 12 to the to the California Private Attorneys California Private General Attorneys General 13 13 Act; Act, CLASS ACTION CLASS ACTION Glendale, California 14 Plaintiff, Plaintiff, PLAINTIFF'S NOTICE PLAINTIFF'S NOTICE OF OF MOTION MOTION LAWYERS for 14 AND MOTION FOR AND MOTION FOR PRELIMINARY PRELIMINARY Glendale- 15 15 v. v. APPROVAL APPROVAL OF OF CLASS CLASS ACTION ACTION SETTLEMENT; SETTLEMENT' MEMORANDUM MEMORANDUM OF OF 16 16 FIG FIG HOLDINGS, HOLDINGS, LLC, LLC, aa California limited California limited POINTS AND POINTS AUTHORITIES AND XUTHORITI ES liability company; and liability company, and DOES DOES 1l through 100, through 100, 17 17 inclusive, inclusive, [Declaration of [Declaration of Proposed Proposed Class Class Counsel Counsel (Edwin Aiwazian); Declaration (Edwin Aiwazian), Declaration of of 18 18 Defendants. Defendants. Proposed Class Proposed Class Representative Representative (Cassandra (Cassandra D'Antonio); and D'Antonio), [Proposed] Order and [Proposed] Order filed filed 19 19 concurrently concurrently herewith] herewith] 20 20 Date:: Date March 2, 2021 Time:: Time 8:30 a.m. 8:30 a.m. 21 21 Department: Department: 23 23 22 22 Complaint Complaint Filed: Filed: July 12, July 12, 2019 2019 2019 FAC Filed: FAC Filed: June 17, June 2020 17, 2020 23 23 Trial Date: Trial Date: None Set None Set 24 24 25 25 26 26 M, 2021 8:30 a.m. 27 27 23 28 28 PLAINTIFF'S PLAINTIFF'S NOTICE NOTICE OF OF MOTION MOTION AND AND MOTION MOTION FOR FOR PRELIMINARY PRELIMINARY APPROVAL APPROVAL OF OF CLASS CLASS ACTION ACTION SETTLEMENT; MEMORANDUM OF SETTLEMENT; MEMORANDUM OF POINTS POINTS ANDAND AUTHORITIES AUTHORITIES 11 TO THE HONORABLE T() THE HONORABLE COURT COURT AND AND TO TO ALL ALL PARTIES PARTIES AND THEIR COUNSEL AND THEIR COUNSEL OF OF 2 2 RECORD:: RECORD 3 3 PLEASE PLEASE TAKE TAKE NOTICE NOTICE that that on on March 2, March 2, 2021 2021 at at 8:30 8:30 a.m. a.m. or or as as soon soon thereafter thereafter 4 4 as as the the matter matter may may be be heard heard before the before the Honorable Honorable John John D. D. Freeland Freeland in in Department Department 23 23 of of the the 55 Superior Superior Court Court of of California California for for the the County County of of Stanislaus, Stanislaus, located located at at City City Towers, Towers, 801 801 10th loth 6 6 Street, Street, 4th 4th Floor, Floor, Modesto, Modesto, California California 95354, 95354, Plaintiff Plaintiff Cassandra Cassandra D'Antonio D'Antonio (“Plaintiff” ("Plaintiff' or or 7 7 “Class Representative") "Class Representative”) will, and hereby will, and does, move hereby does, move for an order: for an order: 88 Granting Granting preliminary preliminary approval approval of of the the proposed proposed class class action action settlement settlement described described 9 9 herein herein and and as as set set forth forth in in the the Class Class Action Action and and PAGA PAGA Settlement Settlement Agreement Agreement and and 10 10 Stipulation Stipulation (“Settlement,” ("Settlement," “Agreement,” "Agreement," or or “Settlement "Settlement Agreement”), Agreement"), attached attached as as for JUSTICE, PC 11 11 “EXHIBIT 1” "EXHIBIT 1" to the Declaration to the Declaration of of Edwin Edwin Aiwazian, Aiwazian, including, including, but but not not limited limited to, to, 410 West Arden Avenue, Suite 203 12 the means of allocation and distribution of funds, funds, including and not not limited to, the 91203 California 91203 12 the means of allocation and distribution of including and limited to, the 13 13 allocations for allocations for penalties penalties under the California under the California Labor Labor Code Code Private Private Attorneys Attorneys General General Glendale, California 14 PLEASEAct TAKEof NOTICE 2004, that on Attorneys' February Fees and , 2021 Costs to at to 8:30Counsel, Class a.m. or asEnhancement Counsel, soon thereafter Enhancement Award to LAWYERS for 14 Act of 2004, Attorneys' Fees and Costs Class Award to Glendale- as 15 15 the matter may be heard Plaintiff, Plaintiff, andbefore and the Honorable Administration Administration Costs John Costs to theD. to the FreelandAdministrator; Settlement Settlement in Department Administrator, 23 of the Superior 16 16 Court of California Conditionally Conditionally for the County certifying certifying of the Class the Class Stanislaus, for located for settlement settlement at City purposes; purposes, Towers, 801 loth Street, 17 17 4th Floor, Modesto, Preliminarily Preliminarily California appointing95354, appointing PlaintiffPlaintiff Plaintiff Cassandra CassandraCassandra D'Antonio D'Antonio D'Antonio Class ("Plaintiff' as Class as or Representative; Representative, "Class Representative") 18 18 will, and Preliminarily Preliminarily hereby does, appointing appointing Edwin Edwin move for an order: Aiwazian, Aiwazian, Arby Arby Aiwazian, Aiwazian, and and Joanna Joanna Ghosh Ghosh of of 19 19 Lawyers for Lawyers for Justice, Justice, PC as Class PC as Class Counsel, Counsel; 20 20 Approving the Approving the proposed proposed Notice of Class Notice of Class Action Settlement ("Class Action Settlement (“Class Notice”), attached Notice"), attached 21 as cc 21 as as “EXHIBIT "EXHIBIT EXHIBIT 1” 1" to to the [Proposed] the [Proposed] Order Granting Order Granting Preliminary Preliminary Approval Approval of of Class Class 22 22 Action Settlement; Action Settlement, 23 23 Directing the Directing the mailing of the mailing of the Class Notice to Class Notice the Class to the Class Members, Members; 24 24 Approving Approving the the proposed proposed deadlines deadlines for for the the notice notice and and settlement settlement administration administration 25 25 process; process, 26 26 . Approving Phoenix Approving Phoenix Settlement Administrators as Settlement Administrators as the the Settlement Settlement Administrator, Administrator; andand 27 27 /// /// 28 28 /// /// ii PLAINTIFF'S NOTICE PLAINTIFF'S NOTICE OF OF MOTION MOTION AND AND MOTION MOTION FOR FOR PRELIMINARY PRELIMINARY APPROVAL APPROVAL OF OF CLASS CLASS ACTION ACTION SETTLEMENT; SETTLEMENT; MEMORANDUM MEMORANDUM OF OF POINTS POINTS AND AND AUTHORITIES AUTHORITIES . Scheduling a hearing to consider whether to grant final approval of the Settlement, at 1 . Scheduling which aa hearing time the Scheduling to Court will hearing consider whether also consider to consider whether to whethergrant final to grant to grant approval of the final approval final approval of theofSettlement, Settlement, the requestsat at 2 which for time the time which the Court Attorneys' the Court will Feeswill also andalso consider Costs to Class consider whether Counsel, whether to grant to grant final final approval Enhancement Awardof approval offor thePlaintiff, the requests requests 33 for PAGA the Payment, for the Attorneys'and Attorneys' Fees Fees and Costs to Administration and Costs Class Counsel, CostsCounsel, to Class Enhancement to Settlement Award Administrator. Enhancement Award forfor Plaintiff, Plaintiff, 4 ThisPAGA motion PAGA Payment, is madeand Payment, and Administration pursuant to Rule Administration Costs Costs to 3.769 Settlement of Settlement to the Administrator. California Rules of Administrator. Court, which 55 This providesThis motion for approval motion isby is made made pursuant the Court pursuant to of the to Rule 3.769 of settlement Rule 3.769 of athe of California putative the Rules classRules California ofand actionof Court, which allows Court, the which 66 provides Court provides for approval certify to preliminarily for approval by the by the aCourt of class of Court the forthe settlement settlement settlement of of aa putative purposes. class action putative class action and allows the and allows the 77 Court Court totoThis preliminarily motion preliminarily certify is certify based aa class classthe upon for settlementmemorandum forfollowing settlement purposes.