Preview
Scott Edward Cole, Esq. (S.B. #160744)
Laura Van Note, Esq. (S.B. #310160)
COLE & VAN NOTE
PPO
555 12" Street, Suite 1725
Oakland, California 94607
WW
Telephone: (510) 891-9800
Facsimile: (510) 891-7030
BR
Email: sec@colevannote.com
Email: Ivn@colevannote.com
WO
Web: www.colevannote.com
DB
Attorneys for Representative Plaintiff
and the Aggrieved Employees
NY
Oo
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
So
IN AND FOR THE COUNTY OF ALAMEDA
OS
ee
KF
MARK TIRMAN, individually, and on Case No. RG19017399
behalf of allothers similarly situated,
NY
mea
REPRESENTATIVE ACTION
Plaintiff,
NOTE
1725
WY
[PRQPROSED] ORDER GRANTING
LAW
94607
891-9800
SUITE
VS. PLAINTIFF’S MOTION FOR APPROVAL
FP
AT
OF PAGA SETTLEMENT; DISMISSAL OF
VAN
CA
STREET,
ATTORNEYS
PLAINTIFF’S INDIVIDUAL CLAIMS WITH
OAKLAND,
(510)
PPH FRANCHISE HOLDINGS, LLC,
Nn
PREJUDICE AND CLASS CLAIMS
&
PASSPORT HEALTH HOLDINGS, LLC
TEL:
1274
COLE
and DOES 1 through 100, inclusive, WITHOUT PREJUDICE
DO
555
Defendants. Date: December 3, 2021
NQ
Time: 9:30 a.m.
Dept: 23
Ow
Judge: Brad Seligman
Rsvn: 003487180535
DO
RO
This matter, having come before the Superior Court of the State of California, in and for
RO
F&
the County of Alameda, at 9:30 a.m. on December 10, 2021 with Cole & Van Note appearing as
NO
NY
counsel for Representative Plaintiff Mark Tirman, individually, and on behalf of the State of
NY
WY
California and the Aggrieved Employees, and Wilson, Elser, Moskowitz, Edelman & Dicker LLP
NO
FF
appearing as counsel for defendant PPH Franchise Holdings, LLC and/or Passport Health Holdings,
NY
un
LLC. and Does 1 through 100 (“Defendant”). The Court, having carefully considered the briefs,
NO
ND
argument of counsel, and all matters presented to the Court and good cause appearing, hereby
NO
GRANTS Plaintiff's Motion for Approval of PAGA Settlement.
Oo
NO
-|-
[Proposed] Oder Granting Motion forApproval of PAGA Settlement
IT IS HEREBY ORDERED THAT:
l, The Court approves the Settlement Agreement entitled “Private Attorneys’ General
HHO
Act Settlement Agreement,” attached as Exhibit “D” to the Declaration of Scott Edward Cole, Esq.
WY
in Support of Representative Plaintiff's Motion for Approval of PAGA Settlement (“Cole Decl.”),
Fe
and Addendum to Private Attorney General Act Settlement Agreement attached as Exhibit “A” to
WH
the Declaration of Laura Van Note, Esq. in Support of Plaintiff's Supplemental Brief in Support
Dn
of Motion for Approval of PAGA Settlement. This is based on the Court’s determination that the
Nn
Settlement is fundamentally fair, reasonable, and adequate with reference to the public policies
wo
underlying PAGA.
So
2. The Court dismisses the Class Claims without prejudice, and orders that no further
OC
notice to the putative class members isnecessary.
KF
3. The Court dismisses Representative Plaintiff Mark Tirman’s individual claims with
NYO
eee
prejudice.
NOTE
1725
WD
LAW
94607
891-9800
SUITE
4, The Court approves, both as to form and content, the Letter to Aggrieved
fF
AT
VAN
CA
STREET,
ATTORNEYS
(510)
OAKLAND,
Employees (Exhibit “G”’). The letter shall be provided to the Aggrieved Employees in the manner
Wn
&
TEL:
12TH
COLE
set forth in the Settlement Agreement.
DO
555
5. The Net Settlement Amount shall be distributed 75% to the LWDA, an 25% to the
WBN
aggrieved employees. The share of the payment to each aggrieved employee shall be calculated in
accordance with the procedure outlined in the Settlement Agreement.
OO
NO
6. The Court awards an enhancement payment to Representative Plaintiff Mark
TD
Tirman in the amount of $7,500.
FY§
NO
7. The Court approves and awards attorneys’ fees to Plaintiff's Counsel in the amount
NY
NY
of $66,660.00 and costs in the amount of $8,712.85.
WD
VN
8. The Court approves and awards costs to the Settlement Administrator, Simpluris,
FF
NO
in the amount of $3,666.
Wn
NO
HD
NO
NY
NO
Co
NO
-2-
[Prepesed} Oder Granting Motion forApproval of PAGA Settlement
9. A Compliance Hearing is set for February 22, 2022. Plaintiff shall filea compliance
statement by no later than February 15, 2022.
NO
WO
IT ISSO ORDERED.
BP
WO
Dated: | 2//2/ Z2/ /
DB
The Honorable Brad Seligman
Judge of the
Superior Court
NY
Oa
So
OC KF
ee
NYO
NOTE
1725
WY
LAW
94607
891-9800
SUITE
AT
-
VAN
CA
STREET,
ATTORNEYS
(510)
OAKLAND,
—
N
&
TEL:
12TH
COLE
DW
555
NY
Se
DO
Fe
OO
FY
DW
NO
FK§
NO
NO
NO
WD
NO
fF
NO
NO
WN
Dn
NO
NY
NO
oo
N
-3-
[Proposed] Oder Granting Motion forApproval of PAGA Settlement
Preview
Scott Edward Cole, Esq. (S.B. #160744) Laura Van Note, Esq. (S.B. #310160) COLE & VAN NOTE PPO 555 12" Street, Suite 1725 Oakland, California 94607 WW Telephone: (510) 891-9800 Facsimile: (510) 891-7030 BR Email: sec@colevannote.com Email: Ivn@colevannote.com WO Web: www.colevannote.com DB Attorneys for Representative Plaintiff and the Aggrieved Employees NY Oo IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA So IN AND FOR THE COUNTY OF ALAMEDA OS ee KF MARK TIRMAN, individually, and on Case No. RG19017399 behalf of allothers similarly situated, NY mea REPRESENTATIVE ACTION Plaintiff, NOTE 1725 WY [PRQPROSED] ORDER GRANTING LAW 94607 891-9800 SUITE VS. PLAINTIFF’S MOTION FOR APPROVAL FP AT OF PAGA SETTLEMENT; DISMISSAL OF VAN CA STREET, ATTORNEYS PLAINTIFF’S INDIVIDUAL CLAIMS WITH OAKLAND, (510) PPH FRANCHISE HOLDINGS, LLC, Nn PREJUDICE AND CLASS CLAIMS & PASSPORT HEALTH HOLDINGS, LLC TEL: 1274 COLE and DOES 1 through 100, inclusive, WITHOUT PREJUDICE DO 555 Defendants. Date: December 3, 2021 NQ Time: 9:30 a.m. Dept: 23 Ow Judge: Brad Seligman Rsvn: 003487180535 DO RO This matter, having come before the Superior Court of the State of California, in and for RO F& the County of Alameda, at 9:30 a.m. on December 10, 2021 with Cole & Van Note appearing as NO NY counsel for Representative Plaintiff Mark Tirman, individually, and on behalf of the State of NY WY California and the Aggrieved Employees, and Wilson, Elser, Moskowitz, Edelman & Dicker LLP NO FF appearing as counsel for defendant PPH Franchise Holdings, LLC and/or Passport Health Holdings, NY un LLC. and Does 1 through 100 (“Defendant”). The Court, having carefully considered the briefs, NO ND argument of counsel, and all matters presented to the Court and good cause appearing, hereby NO GRANTS Plaintiff's Motion for Approval of PAGA Settlement. Oo NO -|- [Proposed] Oder Granting Motion forApproval of PAGA Settlement IT IS HEREBY ORDERED THAT: l, The Court approves the Settlement Agreement entitled “Private Attorneys’ General HHO Act Settlement Agreement,” attached as Exhibit “D” to the Declaration of Scott Edward Cole, Esq. WY in Support of Representative Plaintiff's Motion for Approval of PAGA Settlement (“Cole Decl.”), Fe and Addendum to Private Attorney General Act Settlement Agreement attached as Exhibit “A” to WH the Declaration of Laura Van Note, Esq. in Support of Plaintiff's Supplemental Brief in Support Dn of Motion for Approval of PAGA Settlement. This is based on the Court’s determination that the Nn Settlement is fundamentally fair, reasonable, and adequate with reference to the public policies wo underlying PAGA. So 2. The Court dismisses the Class Claims without prejudice, and orders that no further OC notice to the putative class members isnecessary. KF 3. The Court dismisses Representative Plaintiff Mark Tirman’s individual claims with NYO eee prejudice. NOTE 1725 WD LAW 94607 891-9800 SUITE 4, The Court approves, both as to form and content, the Letter to Aggrieved fF AT VAN CA STREET, ATTORNEYS (510) OAKLAND, Employees (Exhibit “G”’). The letter shall be provided to the Aggrieved Employees in the manner Wn & TEL: 12TH COLE set forth in the Settlement Agreement. DO 555 5. The Net Settlement Amount shall be distributed 75% to the LWDA, an 25% to the WBN aggrieved employees. The share of the payment to each aggrieved employee shall be calculated in accordance with the procedure outlined in the Settlement Agreement. OO NO 6. The Court awards an enhancement payment to Representative Plaintiff Mark TD Tirman in the amount of $7,500. FY§ NO 7. The Court approves and awards attorneys’ fees to Plaintiff's Counsel in the amount NY NY of $66,660.00 and costs in the amount of $8,712.85. WD VN 8. The Court approves and awards costs to the Settlement Administrator, Simpluris, FF NO in the amount of $3,666. Wn NO HD NO NY NO Co NO -2- [Prepesed} Oder Granting Motion forApproval of PAGA Settlement 9. A Compliance Hearing is set for February 22, 2022. Plaintiff shall filea compliance statement by no later than February 15, 2022. NO WO IT ISSO ORDERED. BP WO Dated: | 2//2/ Z2/ / DB The Honorable Brad Seligman Judge of the Superior Court NY Oa So OC KF ee NYO NOTE 1725 WY LAW 94607 891-9800 SUITE AT - VAN CA STREET, ATTORNEYS (510) OAKLAND, — N & TEL: 12TH COLE DW 555 NY Se DO Fe OO FY DW NO FK§ NO NO NO WD NO fF NO NO WN Dn NO NY NO oo N -3- [Proposed] Oder Granting Motion forApproval of PAGA Settlement