MAXINE M. CHESNEY, District Judge.
On May 13, 2016, a hearing was held on the motion of Plaintiff Adan Ortiz ("Plaintiff") for conditional certification of a settlement class, preliminary approval of the Parties' proposed Settlement, approval of the Notice to be sent to the class about the Settlement and the forms of the Claim Form and Request for Exclusion Form; approval of Class Representative and Class Counsel; and the setting of a date for the hearing on final approval of the settlement.
The Court having read and considered the papers on the motion, the arguments of counsel, and the law; and good cause appearing therefor,
IT IS ORDERED:
1. The proposed class defined in paragraph 4 of this Order meets the requirements for class certification for settlement purposes only under Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure.
2. The Parties' Settlement Agreement (the "Settlement" or the "Agreement") (Declaration of Shaun Setareh in Support of Motion for Preliminary Approval of Class Action Settlement Exh. A) is granted preliminary approval as it meets the criteria for preliminary settlement approval. The Settlement falls within the range of possible approval as fair, adequate, and reasonable, and appears to be the product of arms' length and informed negotiations and to treat all Class Members fairly.
3. The parties' proposed notice plan is constitutionally sound because individual notices will be mailed to all class members whose identities are known to the parties, notice will also be posted on a static website maintained by the Settlement Administrator and such notice is the best notice practicable. The Parties' proposed Notice of Proposed Class Action Settlement (attached hereto as Exhibit A) is sufficient to inform Class Members of the terms of the Settlement, their rights under the Settlement, their rights to object to the Settlement, their rights to dispute their amount due under the Settlement, and their rights to elect not to participate in the Settlement, the processes for doing so, and the date and location of the final approval hearing, and is therefore approved.
4. The following persons are certified as Class Members solely for the purpose of entering a settlement in this matter: "All non-exempt or hourly persons employed by Defendant Randstad InHouse Services, L.P. ("Defendant" or "Randstad") in California who supply services to third party clients (as temporary placement employees and external talents) from October 29, 2009 to the date when the Court grants and enters the Preliminary Approval Order."
5. Any Class Member who wishes to object to the Settlement has until August 26, 2016, to file with the Court his or her written Objection. Such objection shall include the name, address and telephone number of the objector, dates of employment and the basis for any objection and, if the objector is represented by counsel, the name and address of the objector's counsel. No Settlement Class member may be heard at the final settlement hearing who has not complied with this requirement and any Final Settlement Class member who fails to comply with this requirement will be deemed to have waived any right to object to the settlement.
6. Plaintiff's motion for attorney fees shall be filed and placed on the Claims Administrator's website no later than July 29, 2016.
7. Any Class Member who wishes to be excluded from the Settlement has until August 26, 2016, to do so.
8. Any Class Member who wishes to challenge their share of the settlement as calculated by the Settlement Administrator must timely send a written notice of the dispute to the Settlement Administrator. A dispute notice will be considered timely sent if postmarked no later than August 26, 2016.
9. Plaintiff Adan Ortiz is appointed the Class Representative. Shaun Setareh of the Setareh Law Group is appointed Class Counsel.
10. CPT Group is appointed as Claims Administrator.
11. The Class Notice will be disseminated according to the notice plan described in the Settlement and substantially in the form attached hereto as Exhibit A. Proof of distribution of Class Notice will be filed by the parties in conjunction with the motion for an order granting final approval of the Settlement. The motion for an order granting final approval of the Settlement shall be filed no later than September 9, 2016.
12. Randstad is directed to provide to the Claims Administrator not later than 20 business days after the date of this Order the full names, contact information, and other pertinent information for each Class Member, as specified by the Settlement.
13. The Claims Administrator is directed to mail the Class Notice by first-class mail to each Class Member not later than 15 business days after receipt of the Class List as specified by the Settlement.
14. Class members are not required to file claims in order to receive their share of the settlement. If the settlement is finally approved, all class members who did not timely request exclusion will be mailed their share of the settlement by the Claims Administrator.
15. A final approval hearing will be held on September 23, 2016, at 9:00 a.m., to determine whether the Settlement should be granted final approval as fair, reasonable, and adequate as to the Class Members. The Court will hear all evidence and argument necessary to evaluate the Settlement, and will consider Plaintiff and Class Counsel's request, made by separate motion, for the Class Representative Payments and Attorneys' Fees and Costs.
16. The Court reserves the right to continue the date of the final approval hearing without further notice to Class Members. The Court retains jurisdiction to consider all further applications arising out of or in connection with the Settlement.
• The Parties in the action entitled Adan Ortiz v. Randstad InHouse Sennces, L.P., United States District Court for the Northern District of California — San Francisco Division, Case No. CV-13-05050, have reached a Settlement and it has been granted Preliminary Approval by the Court supervising the lawsuit.
• The proposed Settlement will resolve all claims in this lawsuit. The Court has ordered that this Notice be sent to you because you may be a member of the Settlement Class.
• The purpose of this Notice is to inform you of the Settlement of the class action and your legal rights and options under the Settlement:
You have received this notice because Randstad's company records indicate that you worked, or continue to work, for Randstad as a non-exempt, hourly employee in California supplying services to third party clients (as a temporary placement employee and external talent) between the Class Period of October 29, 2009 to May 20, 2016 (a "Settlement Class Member"). This Notice is designed to advise you of how you can participate in this Settlement or how you can exclude yourself from or object to this Settlement.
Plaintiff Adan Ortiz ("Plaintiff" or "Class Representative") claims in the lawsuit that Randstad has violated a number of wage and hour laws. In particular, Plaintiff claims, among other things, that Randstad failed to pay minimum wages, failed to pay overtime wages, failed to pay for all time worked, improperly rounded work time, failed to provide meal and rest breaks, failed to pay wage premiums for missed meal or rest breaks, failed to provide accurate paystubs and failed to timely pay all final wages. Randstad denies all of these allegations and asserts that it has fully complied with all of its legal obligations. Both Plaintiff and Randstad believe that the Settlement is fair, adequate and reasonable, and that it is in the best interests of the members of the Settlement Class.
In a class action, one or more people sue on behalf of other people who have similar claims. The people together are a "Class" or "Class Members.'" The person who filed the lawsuit is called the Plaintiff. The company he has sued (in this case Randstad) is called the Defendant. One court resolves the issues for everyone in the Class, except for those persons who choose to exclude themselves from the Class. On May 20, 2016, the judge assigned in this lawsuit issued an order preliminarily certifying the Settlement Class.
In the lawsuit, the Plaintiff said that Randstad did not pay him minimum wages or overtime wages, did not pay him for all hours worked, unlawfully rounded work time, did not provide meal or rest breaks or pay one hour's wages in lieu thereof, maintained non-compliant meal and rest break policies and practices and, as a result of these violations, did not provide accurate wage statements and failed to pay him all wages due after he concluded his employment with Randstad.
Randstad denies that it did anything wrong and maintains that it provided all of its non-exempt, hourly employees with proper meal and rest breaks and paid them all wages owed.
The Court has made no ruling on the merits of the members of the Settlement Class's claims and has determined only that certification of the Settlement Class for settlement purposes is appropriate under California law.
The Plaintiff wants minimum wages, overtime compensation, meal and rest break wage premiums, liquidated damages, interest, penalties and continuing wages for Class Members.
Both sides agreed to the Settlement to avoid the costs and risks of further litigation. The Settlement does not mean that any law was broken. Randstad denies all of the claims in the lawsuit. The Class Representative and his attorney believe the Settlement is in the best interests of all Settlement Class Members.
Under the terms of the Settlement, Randstad agrees to pay a Maximum Settlement Amount of $6,400,000. Deducted from this amount will be sums approved by the Court for attorneys' fees in the lawsuit not to exceed twenty-five percent (25%) which is approximately $1,600,000, reasonable costs incurred by Class Counsel in the lawsuit not to exceed $35,000, an incentive award to the Plaintiff for his services as the Class Representative not to exceed $5,000, payment to the State of California Labor and Workforce Development Agency ("LWDA") of $25,000 for alleged penalties, the fees and expenses of the Claims Administrator in an amount not to exceed $150,000, and Randstad's share of payroll taxes. The cash amount left ("the Remainder") is available to pay Settlement Class Members who do not opt out of the Settlement.
For each employee who does not opt out of the Settlement, the Claims Administrator will calculate the payment as follows: First, the Claims Administrator shall reduce the Settlement Amount of $6,400,000 by deducting (a) all attorneys' fees and litigation costs approved by the Court and awarded to Class Counsel, (b) all fees to be paid to the Claims Administrator associated with settlement administration, (c) the enhanced payment to the Plaintiff approved by the Court and awarded to the Plaintiff, (d) payment to the LWDA, and (e) Randstad's share of payroll taxes. Then, each Settlement Class Member's Share will be based on a ratio of his or her individual actual workweeks worked during the Class Period to the total actual workweeks worked by all Settlement Class Members who do not request exclusion. The individual Settlement Payment to each Settlement Class Member will be calculated by dividing the Settlement Class Member's individual actual workweeks by the total actual workweeks of all Settlement Class Members and multiplying by the Maximum Settlement Amount that remains after deductions (a) through (e) listed above have been made. The amount you receive will depend on the number of valid exclusion requests submitted, and may be larger or smaller depending on how many valid opt out requests are submitted.
If you disagree with the total number of workweeks reflected in this Notice, you may state the basis of your disagreement and submit documentation supporting your position by no later than August 26, 2016, to the Claims Administrator at the following address: Randstad Settlement, c/o CPT Group, Inc., 16630 Aston Street, Irvine, California 92606. Please be advised that the total number of workweeks listed above is presumed to be correct unless the documents you submit prove otherwise. Any decision by the Claims Administrator with regard to the disputes as to your total number of workweeks shall be final.
The Class Member Allocation Amounts shall be considered 1/3 wage income and 2/3 non-wage income. The Claims Administrator shall calculate and deduct from those amounts the employee's share of tax and other required withholdings, and then will pay the resulting amount to Settlement Class Members who do not exclude themselves from the Settlement. Nothing in this Notice or the Settlement is intended to be tax advice. Settlement Class Members are directed to consult with their own tax advisors concerning the tax consequences of the payments they receive.
If approved by the Court, the proposed Settlement Agreement will be binding on all Settlement Class Members who do not timely opt out of the Settlement. If you do not opt out of the Settlement and the Settlement is given final approval, you will release and lose the right to assert all settled claims as described herein below. The "Released Parties" mean: Randstad and Nike, Inc. and their direct and indirect subsidiaries and affiliates, and their past, present and future parents, affiliates, subsidiaries, divisions, predecessors, successors, partners, joint ventures, affiliated organizations, insurers and assigns and each of their past, present and future officers, directors, trustees, shareholders, members, agents, employees, attorneys, contractors, representatives, partners, joint ventures, benefit plans sponsored or administered by them, divisions, units, branches and other persons or entities acting on their behalf.
By agreeing to be part of the Settlement, you are agreeing to release all claims you have against the Released Parties, including:
You will release these kinds of claims whether or not you are fully aware of their nature or extent or aware of whether you even have such claims. Whether or not you cash the settlement check, the Settlement will be binding. If you do not cash your check within 180 days of the date on the check, your check will be voided and the funds will be distributed to Randstad.
You can talk to the lawyer for the Settlement Class listed in Question 22 for free or you can talk to your own lawyer if you have questions about the released claims and what they mean,
If you received this Notice by mail, you will receive an individual Settlement Payment automatically unless you exclude yourself from the Settlement.
Individual Settlement Payments will be mailed to Settlement Class Members who are eligible to receive benefits under the Settlement, after the Court approves the Settlement, and after time for appeals has ended and any appeals have been resolved. After the Court approves the Settlement, there may be appeals. If there are any appeals, resolving them could take some time, so please be patient.
The Settlement Agreement becomes effective on the date by which the last of the following has occurred (a) all conditions of settlement have been satisfied; (b) the United States District Court for the Northern District of California has entered and filed the Final Approval Order and Judgment; and (c) the time period for appeal of the Judgment has been exhausted without any appeals having been filed (30 days after entry of the Judgment), or all such appeals have been voluntarily or involuntarily dismissed or the appropriate appellate court or courts have entered a final judgment affirming the Final Approval Order and Judgment of the Court and the final judgment of such appellate court or courts is no longer subject to any further appellate challenge or procedure. If there are no objections filed, then the parties agree that the date of the Final Approval Order and entry of judgment thereon shall be the Final Effective Date of the settlement agreement.
The Court decided that all non-exempt, hourly persons employed by Randstad in California who supply services to third party clients (as temporary placement employees and external talents) between October 29, 2009 and May 20, 2016 are Settlement Class Members.
Former employees are in the Settlement Class as long as they were employed by Randstad in California between October 29, 2009 to May 20, 2016. In other words, the employees that are included are:
If you are still not sure whether you are included, you can get free help by calling or writing to the Claims Administrator or Class Counsel, at the phone number or address listed in Question 22.
You have to decide whether to stay in the Settlement Class or opt out of the Settlement Class by
You do not have to do anything now if you want to receive a share of the money from this Settlement between Randstad and the Plaintiff. By doing nothing, you are staying in the Settlement Class and you keep the possibility of getting money that may come from this Settlement. But, you give up any rights to sue Randstad separately about the same and/or similar legal claims at issue in this lawsuit.
Settlement Class Members may exclude themselves ("opt out'") from the Settlement Class by submitting a signed written exclusion request to the Claims Administrator by mail to Randstad Settlement, c/o CPT Group, Inc., on or before
If you exclude yourself now, you will not get anything from the Settlement. If you ask to be excluded, you will not get an individual Settlement Payment, and you cannot object to the Settlement. But you may sue, continue to sue or be part of a different lawsuit against Randstad in the future, subject to any defenses that Randstad may assert. You will not be bound by anything that happens in this lawsuit.
You can ask the Court to deny approval by filing an objection. You cannot ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.
You must object to the proposed settlement in writing. You may also appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number, (Adan Ortiz v. Randstad InHouse Services, L.P., Case Number CV-13-05050), (b) state the name, address and telephone number of the objector, (c) dates of employment, (d) basis for objection, (e) whether the objector is represented by counsel and. if so, state the name and address of the objector's counsel, (t) be submitted to the Court either by mailing them to the Clerk of the Court, United States District Court for the Northern District of California San Francisco Division located at the Phillip Burton Federal Building & United States Courthouse, 450 Golden Gate Avenue, 16
DO NOT submit both an opt out statement and an objection. If you submit both, the objection will be disregarded. Any attorney who will represent an individual objecting to the Settlement Agreement should file a notice of appearance with the Court and serve Class Counsel and Counsel for Randstad with such notice of appearance.
Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. If your objection is overruled, you will be part of the Settlement, will release your claims, and will receive a settlement payment.
Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you will have no basis to object because the Settlement will no longer affect you.
The Court decided that Setareh Law Group is qualified to represent you and all Settlement Class Members. The law firm is called "Class Counsel." More information about this law firm, its practice and Mr. Setareh's experience is available at
If you do not opt out of this Settlement, you do not need to hire your own lawyer because Class Counsel will be working on your behalf. If you opt out of the Settlement and you start your own lawsuit against Randstad, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your claims.
Subject to Court approval, Randstad agrees to pay up to $1,600,000 in attorneys" fees and reasonable costs in the amount of up to $35,000 to Class Counsel. Subject to Court approval, Randstad also agrees to pay the Class Representative up to $5,000 as an enhancement award for his participation in this lawsuit and for taking on the risk of litigation. The Court may award less than these amounts. Randstad shall pay the Claims Administrator's costs and fees associated with administering the Settlement in an amount up to S150,000. Class Counsel's motion for attorneys' fees, costs, and an enhancement award will be on file with the Court and available for review at www.randstadsettlement.com no later than July 29, 2016.
The judge will hold a hearing to decide whether to approve the Settlement. If you have filed an objection on time, you may attend and you may ask to speak, but you do not have to.
The Court will hold a hearing at the United States District Court for the Northern District of California — San Francisco Division, located at the Phillip Burton Federal Building & United States Courthouse, 450 Golden Gate Avenue, San Francisco, California 94102 on September 23, 2016, at 9:00 a.m. The hearing may be moved to a different date and/or time without additional notice. At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate. If there are any objections, the judge will consider them. The Court will only listen to persons who are authorized to speak at the hearing. At this hearing, the Court will also decide how much to pay Class Counsel and how much to pay Plaintiff as an enhancement award. After the hearing, the Court will decide whether to approve the Settlement. The Parties do not know how long these decisions will take.
No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection, you do not have to come to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it is not required.
If a Settlement Class Member wishes to appear at the final approval hearing and orally present his or her objection to the Court, the objector's written statement must include the objector's statement of intent to appear at the final approval hearing.
If you move before settlement payments are made, or if the address on this Notice is incorrect in any way, you must notify the Claims Administrator of your updated address to ensure your receipt of your share of the settlement funds.
This Notice only summarizes the lawsuit and other related matters. For more information, you may review the Court's files at the office of the Clerk of the Court for the Northern District of California — San Francisco Division located at the Phillip Burton Federal Building & United States Courthouse, 450 Golden Gate Avenue, San Francisco, California 94102, between 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding Court holidays, or by accessing the Court docket in this case through the Court's Public Access to Court Electronic Records (PACER) system at
