LUCY H. KOH, District Judge.
TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
On August 11, 2016, the Court held a hearing on Plaintiffs' motion for preliminary approval of class action settlement and certification of settlement classes ("motion for preliminary approval"). On August 12, 2016, the Court denied the motion for preliminary approval without prejudice. ECF No. 43. On August 29, 2016, the Court held a hearing on Plaintiffs' amended motion for preliminary approval of class action settlement and certification of settlement classes ("amended motion for preliminary approval"). On August 30, 2016, the Court denied the amended motion for preliminary approval without prejudice. ECF No. 51.
On September 13, 2016, Plaintiffs filed a second amended motion for preliminary approval of class action settlement and certification of settlement classes ("Second Amended Motion for Preliminary Approval"). ECF No. 52. The parties also filed a Second Amended Stipulation and Class Action Settlement Agreement (the "Second Amended Settlement Agreement"). ECF No. 53-1. Having considered the motions, the Second Amended Settlement Agreement, the record in this case, and the parties' arguments at the August 11, 2016 and August 29, 2016 hearings, the Court VACATES the hearing set for December 8, 2016, at 1:30 p.m., and HEREBY ORDERS THE FOLLOWING:
1. To the extent defined in the Second Amended Settlement Agreement, the terms in this Order shall have the meanings set forth therein.
2. The Court grants the Second Amended Motion for Preliminary Approval based upon the terms set forth in the Second Amended Settlement Agreement, which appear to be fair, adequate, and reasonable to the Class.
3. The Second Amended Settlement Agreement is supported by the recommendations of counsel and was negotiated at arms' length, with the guidance of an experienced wage-and-hour mediator.
4. The proposed California Class satisfies the requirements of Federal Rule of Civil Procedure 23 and is certified for purposes of settlement only on that basis.
5. The proposed FLSA Class satisfies the requirements of 29 U.S.C. § 216(b) and is certified for purposes of settlement only on that basis.
6. To comply with the Ninth Circuit's decision in In re Bluetooth Headset Litig., 654 F.3d 935 (9th Cir. 2011), Class Counsel shall file their motion for attorney's fees, costs, and service awards by December 12, 2016. Class Counsel shall also post their motion for attorney's fees, costs, and service awards on the settlement website. The motion for attorney's fees, costs, and service awards must include (1) the number of hours spent on this litigation by each biller, (2) detailed billing records showing how much time was spent on each task, and (3) each biller's billable rate and justification for such rate.
7. The cy pres recipient identified in the Second Amended Settlement Agreement, Legal Aid Society-Employment Law Center, appears to meet the tests under Dennis v. Kellogg Co, 697 F.3d 858, 865 (9th Cir. 2013), "that there be a driving nexus between the plaintiff class and the cy pres beneficiaries."
8. The parties have proposed a consent-to-join form and a Notice of Class Action Settlement ("Notice"), attached to the Second Amended Settlement Agreement as Exhibit A. ECF No. 53-1, Ex. A. The Court approves the consent-to-join form, and the Notice as amended by the Court and attached to this Order as Exhibit A ("Amended Notice"). The Court also approves the procedure for Class Members to participate in, to opt out of, and to object to the Second Amended Settlement Agreement as set forth in the consent-to-join form and Amended Notice.
9. The Court directs the mailing of the consent-to-join form and Amended Notice by first-class mail to the Class Members in accordance with the schedule set forth in the Second Amended Settlement Agreement.
10. The Court appoints Trevor Johnson and Samantha Harmon as Class Representatives for settlement purposes only.
11. Pursuant to Fed. R. Civ. P. 23(g), the Court appoints Bryan Schwarz Law as Class Counsel for settlement purposes only.
12. The Court confirms Rust Consulting as the Claims Administrator, and preliminarily approves settlement administration fees and expenses to the Claims Administrator not to exceed $20,000.
13. Plaintiffs shall file their motion for final approval by February 9, 2017. Plaintiffs may file a reply brief in support of their motion for attorney's fees and their motion for final approval by February 16, 2017.
14. A final fairness hearing on the question of whether the proposed Second Amended Settlement Agreement, attorneys' fees to Class Counsel, and the Class Representative's enhancement payments should be finally approved as fair, reasonable, and adequate as to the members of the Class is scheduled for February 23, 2017, at 1:30 p.m., at United States District Court for the Northern District of California, 280 South 1st Street, San Jose, CA 95113, Courtroom 8, 4th Floor.
The Settlement will provide $400,000 to pay claims from current and former employees who worked for Quantum Learning Network, Inc. ("QLN") at a SuperCamp program between October 30, 2011 and August 20, 2016, in California, or between October 30, 2012 and August 20, 2016, outside of California, as a Team Leader, Senior Team Leader, Office Coordinator, Logistics Coordinator, Wellness Person, Facilitator, Site Administrator, Site Counselor, or Lead Facilitator.
• The Settlement resolves a lawsuit which alleged causes of action against QLN for: (1) failure to pay minimum wage (federal law); (2) failure to pay overtime (federal law); (3) failure to pay minimum wage (California law); (4) failure to pay overtime (California law); (5) failure to provide timely, accurate itemized wage statements; (6) failure to provide and/or authorize meal and rest periods; (7) failure to compensate for all hours worked; (8) failure to pay earned wages upon discharge; (9) unlawful and/or unfair business practices; and (10) penalties under the Private Attorneys General Act of 2004.
• Your legal rights are affected whether you act or do not act. Read this notice carefully.
• QLN will not retaliate against you no matter which option you choose under this Settlement.
You may have worked for QLN at any time between October 30, 2011 and August 20, 2016 (in California) or October 30, 2012 and August 20, 2016 (outside of California) (the "Class Periods").
You received this notice because you have a right to know about a proposed Settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the Settlement. If the Court approves it, and after any objections and appeals are resolved, an administrator appointed by the Court will make the payments that the Settlement requires within approximately one year from [Preliminary Approval Date].
This package explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. The Court in charge of the case is the United States District Court for the Northern District of California, and the case is known as Trevor Johnson and Samantha Harmon, et al. v. Quantum Learning Network, et al., Case No. 5:15-cv-05013-LHK. The people who brought the suit are called Plaintiffs, and the entity that the suit was brought against (QLN) is the Defendant.
The lawsuit claims that QLN: (1) failed to pay minimum wage; (2) failed to pay overtime; (3) failed to provide complete and accurate wage statements; (4) failed to provide rest and meal breaks; (5) failed to pay all wages due when the employment ended; and (6) failed to pay wages for all time worked.
As a result of this Settlement, QLN will agree to redclassify its Team Loaders, Senior Team Leaders, Office Coordinators, Logistics Coordinators, and Wellness Persons as nonexempt employees who are entitled to minimum wage and overtime. QLN will also agree to pay its Facilitators, Site Administrators, Site Counselors, and Lead Facilitators on a salary basis
In a class action, one or more people, called Class Representatives (in this case Trevor Johnson and Samantha Harmon), sue on behalf of people who have similar claims ("Class Members"). The Court will resolve the issues for all Class Members, except for those who exclude themselves from the Class and/or who fail to submit a consent-to-join form.
The Court did not issue a final judgment in favor of Plaintiffs or Defendant. Plaintiffs think they could have won more money than the Settlement amount if they went through a trial. Defendant thinks Plaintiffs would not have won my money at all, at the end of the process, after appeals. But there was no trial. Instead, both sides agreed to a Settlement. That way, they avoid the cost of a trial and the Class Members will get compensation. The Class Representatives and the attorneys think the Settlement is best for all Class Members.
Everyone who fits the following description is a Class Member: all individuals who worked for Quantum Learning Network, Inc. (SuperCamp) in the United States as a Team Leader, Senior Team Leader, Office Coordinator, Logistics Coordinator, Wellness Person, Facilitator, Site Administrator, Site Counselor, or Lead Facilitator
There are two subclasses in the Settlement: the "FLSA Class" and the "California Class." The California Class includes SuperCamp employees in California from October 30, 2011, to August 20, 2016. The FLSA Class includes SuperCamp employees nationwide from October 30, 2012, to August 20, 2016. You can be a member of both subclasses.
You are not a Class Member if you did not work for QLN as a Team Leader, Senior Team Leader, Office Coordinator, Logistics Coordinator, Wellness Person, Facilitator, Site Administrator, Site Counsel or, or Lead Facilitator in the United States during the Class Periods.
If you are still not sure whether you are included, you can fill out and return the attached consent-to-join form to see if you qualify to get paid. If you have questions about whether you qualify, you may contact Class Counsel Bryan Schwartz Law at (510) 444-9300.
QLN has agreed to create a fund of $400,000.00 to be divided among all Class Members who timely submit a consent-to-join form and/or who do not otherwise exclude themselves from the case, and also to be used to pay for Plaintiffs' attorneys' fees and costs, enhancements to the named Plaintiffs, and other payments made pursuant to this Settlement.
Your minimum anticipated share of the fund (assuming that you submit a consent-to-join form and do not otherwise exclude yourself from the lawsuit) is listed on the first page of this Notice. The amount will depend on the number of SuperCamp sessions you worked in the United States during the Class Periods, if those sessions were located in California or outside of California, and the job title you held for each of those sessions.
If you timely submit a consent-to-join form and do not otherwise exclude yourself from the Settlement, you will be allocated one (1) share of the "Net Settlement Amount" (that is, the $400,000 Settlement amount minus the Class Representatives' enhancements, Class Member Enhancements, Class Counsel's attorneys' fees and litigation costs and reasonably related expenses, payments to the California Labor Workforce Development Agency, and the charges and expenses of the Claims Administrator) ("NSA") for each SuperCamp session you worked outside of California as a Team Leader, Senior Team Leader, Office Coordinator, Logistics Coordinator, or Wellness Person; one-and-one-quarter (1.25) shares of the NSA for each SuperCamp Session you worked in California as a Team Leader, Senior Team Leader, Office Coordinator, Logistics Coordinator, or Wellness Person; a one-half (0.5) share of the NSA for each SuperCamp Session you worked outside California as a Facilitator, Site Administrator, Site Counsel or, or Lead Facilitator; and a three-quarters (0.75) share of the NSA for each SuperCamp session you worked in California as a Facilitator, Site Administrator, Site Counselor, or Lead Facilitator.
If you worked for at least one SuperCamp located in California, you are a member of the California Class unless you exclude yourself. You will receive 50% of your settlement allocation for each California camp you worked if you do nothing, and the remaining 50% of your settlement allocation for those camps if you submit a consent-to-join form.
The value of each share was calculated by summing the total number of shares allocated to class members as determined above. That total was divided into the NSA to yield a per-share amount. Standard payroll taxes will betaken from one third of your Settlement amount you receive (the minimum amount is listed on the first page of this Notice), to be considered wages for tax purposes—and the other two thirds will be paid to you with an IRS form 1099, to be considered interest and penalties for tax purposes. You alone are responsible to pay any appropriate taxes on the income paid to you via the IRS form 1099.
If you worked for QLN outside of California, you must submit a consent-to-join form to receive any payment for those camps. If you worked for QLN in California, you will receive a 50% payment for your California claims if you do not exclude yourself. To receive your maximum payment, including for your federal claims, you must also submit a consent-to-join form.
A consent-to-join form is attached to this Notice. Print your name, sign it, date it, and mail it to the Claims Administrator, Rust Consulting, postmarked no later than [90 days from notice date]:
As part of the Settlement, QLN will have one year from [Preliminary Approval Date] to make all required payments to the Settlement fund.
The Court will hold a hearing on [Final Approval Hearing Date and Time] to decide whether to finally approve the Settlement. If the Court approves the Settlement, but there are class members who object, there may be appeals. Resolving any appeals can take time, perhaps more than a year. Please be patient. However, if the Court approves the Settlement at the hearing and there are no appeals, payments will be made to Class Members as soon as QLN makes all required payments to the Settlement fund.
If you fall within the class definition on page one of this notice and you timely submit a consent-to-join form, you are part of the Class (unless you otherwise exclude yourself). This means that you cannot sue, continue to sue, or be part of any other lawsuit against QLN about the wage-and-hour claims covered by the Settlement or any wage-and-hour claims which arise from the same facts alleged in this lawsuit. It also means that all of the Court's orders will apply to you and legally bind you.
If you worked for QLN in California, unless you exclude yourself from the Settlement, you will be releasing all wage-and-hour claims covered by this Settlement, whether you submit a consent-to-join form or not, except for federal Fair Labor Standards Act claims, which will only be released if you submit a consent-to-join form. However, to receive your maximum payment from the Settlement (including federal claims) you must timely submit a consent-to-join form.
Under the terms of the settlement, you will be releasing QLN (and parties related to them, such as QLN's officers, directors, and shareholders), from all wage-and-hour claims and associated claims alleged (or which could have been alleged based on the same facts) in this lawsuit under state law. If you file a consent-to-join form, you will be releasing the same parties from all such claims under federal law as well. The relevant language from the Settlement Agreement is as follows:
"Released Claims" means all claims and causes of action that were asserted in the original Complaint, the First Amended Complaint and/or the Second Amended Complaint (collectively, the "Complaints') in the Lawsuit, and any additional wage-and-hour claims that could have been brought based on the facts alleged in the Complaints on behalf of Class Members, through the date of final approval.
Plaintiffs and all members of the Settlement Class stipulate and agree that, upon the Effective Date, they shall he deemed to have, and by operation of the Court's order granting final approval of the settlement set forth in this Agreement and the order of dismissal entered pursuant thereto shall have expressly waived and relinquished the Released Claims. Members of the California Class who fail to timely submit a consent-to-join form (and who do not timely exclude themselves from the Lawsuit) will release only their claims under California law.
Plaintiffs and all members of the Settlement Class agree not to sue or otherwise make a claim against any of the Released Parties based upon the Released Claims.
All members of the California Class and FLSA Class make this waiver with full knowledge of their rights and with the specific intent to release all known and unknown claims arising from the facts alleged in the Complaints.
For the purposes of effectuating this Agreement only, Plaintiffs, and all members of the Settlement Class, also shall be deemed to have acknowledged and agreed that: (1) their claims for compensation for missed meal and rest breaks, overtime compensation, minimum wages, statutory and civil penalties, and any other payments and/or penalties in the Lawsuit are disputed; and (2) the payments set forth herein constitute full payment of any amounts allegedly due to them. Such acknowledgements pertain only to effectuating this Agreement and, if this Agreement fails for any reason, shall be of no effect whatsoever. In light of these acknowledgements for settlement purposes only, Plaintiffs, all members of the California Class and FLSA Class who do not timely and properly exclude themselves from the terms of this Agreement, and all members of the Non-Cal California Subclass, shall be deemed to have acknowledged and agreed that California Labor Code section 206.5 is not applicable to the Parties hereto. That section provides in pertinent part as follows:
Each member of the California Subclass who does not timely and properly exclude himself/herself from the terms of this Agreement, and all members of the Non-California Subclass shall be deemed to have made the foregoing Release as to the Released Claims in this lawsuit as if by manually signing it.
You can review the full Settlement Agreement online, at the web address listed in the "Getting More Information" section of this Notice, below. The relevant portion begins on Page 30 of the Settlement Agreement.
If you do not want a payment from this Settlement, but you want to keep the right to sue or continue to sue QLN on your own based on California law, regarding the legal issues in this case, then you must exclude yourself from the Settlement. This is called "opting out" of the California Class. If you exclude yourself from the California Class, you will not receive any money from this Settlement for any claims based on California law.
To exclude yourself from the Settlement, you must send a letter by mail stating that you want to be excluded from Trevor Johnson and Samantha Harmon, et al. v. Quantum Learning Network, et al., Case No. 5: 15-cv-05013-LHK. Be sure to include your name, address, telephone number, and your signature. You must mail your exclusion request postmarked no later than [90 days from
notice date] to:
If you ask to be excluded you will not get any Settlement payments of any kind and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. You will be able to sue or continue to sue QLN in the future. If you have a pending lawsuit, speak to your lawyer in that case immediately. You may need to exclude yourself from this Class to continue your own lawsuit.
If you do nothing and you only worked for SuperCamp outside of California, you will receive no payment and will retain your right to sue based on federal law. If you do nothing and you worked at least one camp in California, you will receive a payment only for your California claims and release only your California claims. To receive your maxi mum payment (including California and federal claims), you must also timely return a consent to joint form.
The Fair Labor Standards Act is a federal law governing the payment of overtime for hours worked past 40 in a week. It does not have the same provisions that California law has relating to employees taking meal or rest breaks, sick leave, or double-time wages. To receive payment for your federal claims, you must return a consent-to-join form.
In contrast, California law requires overtime to be paid for hours worked past 8 in a day or 40 hours in a week. California also has laws relating to meal breaks and rest breaks. If you worked for SuperCamp in California, do nothing in this lawsuit, and receive a check, you will give up your right to sue based on any California wage law. If you also submit a consent-to-join form, you will receive an increased settlement payment (including payment for your federal claims) and you will al so release your federal wage claims under the Fair Labor Standards Act.
Bryan Schwartz Law (510-444-9300) represents Class Members. These lawyers are called Class Counsel. These lawyers will be paid from the Settlement amount, so you will not be charged personally for these lawyers' work on this case and in negotiating this Settlement. If you want to be represented by your own lawyer, you may hire one at your own expense.
A payment of $2,250 will also be made to the State of California's Labor and Workforce Development Agency to satisfy alleged Labor Code violations pursuant to the California Labor Code Private Attorneys General Act of 2004 ("PAGA").
The Court may award less than these amounts. QLN has agreed not to oppose Class Counsel's request for fees and expenses. If the Court awards less than the amounts descri bed in this section, that money will be distributed to the Class or to an appropriate charity. None of this money will revert to QLN.
If you are a Class Member, you can object to the Settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to the Settlement in Trevor Johnson and Samantha Harmon, et al. v. Quantum Learning Network, et al., Case No. 5:15-cv-05013-LHK (be sure to include this case name and number in your letter). Be sure to also include your name, address, telephone number, your signature, and the reasons you object to the Settlement. To be considered, you must mail any objection to the Court at the address below, postmarked no later than [90 days from notice date]:
Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Settlement or "opting out" is telling the Court that you do not want to be part of the Class or receive any payment at all from the Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.
The Court will hold a Final Approval Fairness Hearing at [Time & Date], at the United States District Court for the Northern District of California, at 280 South First Street, San Jose, CA 95113, Courtroom 8, before the Honorable Lucy H. Koh. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. After the hearing, the Court will decide whether to approve the Settlement.
No. But, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, if you so choose.
You may speak at the Final Approval Fairness Hearing provided that you give advance notice to the Court. To do so, you must send a letter to the Court saying that it is your "Notice of Intention to Appear in Trevor Johnson and Samantha Harmon, et al. v. Quantum Learning Network, et al., Case No. 5:15-cv-05013-LHK." You must include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than [two weeks prior to Final Approval Hearing Date], and be sent to the Court at the address listed in Question 18. You cannot speak at the hearing if you excluded yourself from the Settlement.
This notice summarizes the proposed Settlement. More details are in a Settlement Agreement. You can view a copy of the Settlement Agreement and other key documents in this case at the following web address: www.bryanschwartzlaw.com/supercamp. To access this page, you will need to use the password: [*INSERT PASSWORD*].
You can call 1-XXX-XXX-XXXX toll free, or write to Claims Administrator Rust Consulting, P.O. Box XXXX, City ST XXXXX-XXXX.
You may also speak to Class Counsel Bryan Schwartz Law by calling: (510) 444-9300.
You may have worked for QLN at any time between October 30, 2011 and August 20, 2016 (in California) or October 30, 2012 and August 20, 2016 (outside of California) (the "Class Periods").
You received this notice because you have a right to know about a proposed Settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the Settlement. If the Court approves it, and after any objections and appeals are resolved, an administrator appointed by the Court will make the payments that the Settlement requires within approximately one year from [Preliminary Approval Date].
This package explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. The Court in charge of the case is the United States District Court for the Northern District of California, and the case is known as Trevor Johnson and Samantha Harmon, et al. v. Quantum Learning Network, et al., Case No. 5: 15-cv-05013-LHK. The people who brought the suit are called Plaintiffs, and the entity that the suit was brought against (QLN) is the Defendant.
The lawsuit claims that QLN: (1) failed to pay minimum wage; (2) failed to pay overtime; (3) failed to provide complete and accurate wage statements; (4) failed to provide rest and meal breaks; (5) failed to pay all wages due when the employment ended; and (6) failed to pay wages for all time worked.
As a result of this Settlement, QLN will agree to reclassify its Team Leaders, Senior Team Leaders, Office Coordinators, Logistics Coordinators, and Wellness Persons as nonexempt employees who are entitled to mini mum wage and overtime. QLN will also agree to pay its Facilitators, Site Administrators, Site Counselors, and Lead Facilitators on a salary basis.
In a class action, one or more people, called Class Representatives (in this case Trevor Johnson and Samantha Harmon), sue on behalf of people who have similar claims ("Class Members"). The Court will resolve the issues for all Class Members, except for those who exclude themselves from the Class and/or who fail to submit a consent-to-join form.
The Court did not issue a final judgment in favor of Plaintiffs or Defendants. Plaintiffs think they could have won more money than the Settlement amount if they went through a trial. Defendants think
Everyone who fits the following description is a Class Member: all individuals who worked for Quantum Leaning Network, Inc. (SuperCamp) in the United States as a Team Leader, Senior Team Leader, Office Coordinator, Logistics Coordinator, Wellness Person, Facilitator, Site Administrator, Site Counselor, or Lead Facilitator
There are two subclasses in the Settlement: the "FLSA Class" and the "California Class." The California Class includes SuperCamp employees in California from October 30, 2011, to August 20, 2016. The FLSA Class includes SuperCamp employees nationwide from October 30, 2012, to August 20, 2016. You can be a member of both subclasses.
You are not a Class Member if you did not work for QLN as a Team Leader, Senior Team Leader, Office Coordinator, Logistics Coordinator, Wellness Person, Facilitator, Site Administrator, Site Counselor, or Lead Facilitator in the United States during the Class Periods.
If you are still not sure whether you are included, you can fill out and return the attached consent-to-join form to see if you qualify to get paid. If you have questions about whether you qualify, you may contact Class Counsel at the contact information provided below
QLN has agreed to create a fund of $400,000.00 to be divided among all Class Members who timely submit a consent-to-join form and/or who do not otherwise exclude themselves from the case, and also to be used to pay for Plaintiffs' attorneys' fees aid costs, enhancements to the named Plaintiffs, and other payments made pursuant to this Settlement.
Your minimum anticipated share of the fund (assuming that you submit a consent-to-join form and do not otherwise exclude yourself from the lawsuit) is listed on the first page of this Notice. The amount will depend on the number of SuperCamp sessions you worked in the United States during the Class Periods, if those sessions were located in California or outside of California, and the job title you held for each of those sessions.
If you timely submit a consent-to-join form and do not otherwise exclude yourself from the Settlement, you will be allocated one (1) share of the "Net Settlement Amount" (that is, the $400,000 Settlement amount minus the Class Representatives
If you worked for at least one SuperCamp located in California, you are a member of the California Class unless you exclude yourself. You will receive 50% of your settlement allocation for each California camp you worked if you do nothing, and the remaining 50% of your settlement allocation for those camps if you submit a consent-to-join form.
The value of each share was calculated by summing the total number of shares allocated to class members as determined above. That total was divided into the NSA to yield a per-share amount. Standard payroll taxes will be taken from one third of your Settlement amount you receive (the minimum amount is listed on the first page of this Notice), to be considered wages for tax purposes—and the other two thirds will be paid to you with an IRS form 1099, to be considered interest and penalties for tax purposes. You alone are responsible to pay my appropriate taxes on the income paid to you via the IRS form 1099.
If you worked for QLN outside of California you must submit a consent-to-join form to receive my payment for those camps. If you worked for QLN in California, you will receive a 50% payment for your California claims if you do not exclude yourself. To receive your maximum payment, including for your federal claims, you must also submit a consent-to-join form.
A consent-to-join form is attached to this Notice. Print your name, sign it, date it, and mail it to the Claims Administrator, Rust Consulting, postmarked no later than [90 days from notice date]
As part of the Settlement, QLN will have one year from [Preliminary Approval Date] to make all required payments to the Settlement fund.
The Court will hold a hearing on [Final Approval Hearing Date and Time] to decide whether to finally approve the Settlement. If the Court approves the Settlement, but there are class members who object, there may be appeals. Resolving any appeals can take ti me, perhaps more than a year. Please be patient. However, if the Court approves the Settlement at the hearing aid there are no appeals, payments will be male to
If you fall within the
If you worked for QLN in California, unless you exclude yourself from the Settlement, you will be releasing all wage-and-hour claims covered by this Settlement, whether you submit a consent-to-join form or not, except for federal Fair Labor Standards Act claims, which will only be released if you submit a consent-to-join form. However, to receive your maximum payment from the Settlement (including federal claims) you must timely submit a consent-to-join form.
Under the terms of the settlement, you will be releasing QLN (and parties related to them, such as QLN's officers, directors, and shareholders), from all wage-and-hour claims and associated claims alleged (or which could have been alleged based on the same facts) in this lawsuit under state law. If you file a consent-to-join form, you will be releasing the sane parties from all such claims under federal law as well. The relevant language from the Settlement Agreement is as follows:
"Released Claims" means all claims and causes of action that were asserted in the original Complaint, the First Amended Complaint and/or the Second Amended Complaint (collectively, the "Complaints") in the Lawsuit, and any additional wage-and-hour claims that could have been brought based on the facts alleged in the Complaints on behalf of Class Members, through the date of final approval.
Plaintiffs and all members of the Settlement Class stipulate and agree that, upon the Effective Date, they shall he deemed to have, and by operation of the Court's order granting final approval of the settlement set forth in this Agreement and the order of dismissal entered pursuant thereto shall have expressly waived and relinquished the Released Claims. Members of the California Class who fail to timely submit a consent-to-join form (and who do not timely exclude themselves from the Lawsuit) will release only their claims under California law.
Plaintiffs and all members of the Settlement Class agree not to sue or otherwise make a claim against any of the Released Parties based upon the Released Claims.
All members of the California Class and FLSA Class make this waiver with full knowledge of their rights and with the specific intent to release all known and unknown claims arising from the facts alleged in the Complaints.
For the purposes of effectuating this Agreement only, Plaintiffs, and all members of the Settlement Class, also shall be deemed to have acknowledged and agreed that: (1) their claims for compensation for missed meal and rest breaks, overtime compensation, minimum wages, statutory and civil penalties, and any other payments and/or penalties in the Lawsuit are disputed; and (2) the payments set forth herein constitute full payment of any amounts allegedly due to them. Such acknowledgements pertain only to effectuating this Agreement and, if this Agreement fails for any reason, shall be of no effect whatsoever. In light of these acknowledgements for settlement purposes only, Plaintiffs, all members of the California Class and FLSA Class who do not timely and properly exclude themselves from the terms of this Agreement, and all members of the Non-California Subclass, shall be deemed to have acknowledged and agreed that California Labor Code section 206.5 is not applicable to the Parties hereto. That section provides in pertinent part as follows:
Each member of the California Subclass who does not timely and properly exclude himself/herself from the terms of this Agreement, and all members of the Non-California Subclass shall be deemed to have made the foregoing Release as to the Released Claims in this lawsuit as if by manually signing it.
You can review the full Settlement Agreement online, at the web address listed in the "Getting More Information" section of this Notice, below. The relevant portion begins on Page 30 of the Settlement Agreement.
If you do not want a payment from this Settlement, but you want to keep the right to sue or continue to sue QLN on your own based on California law, regarding the legal
To exclude yourself from the Settlement, you must send a letter by mall stating that you want to be excluded from Trevor Johnson and Samantha Harmon, et al. v. Quantum Learning Network, et al., Case No. 5:15-cv-05013-LHK. Be sure to include your name, address, telephone number, and your signature. You must mail your exclusion request postmarked no later than [90 days from notice date] to:
If you ask to be excluded you will not get my Settlement payments of any kind and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. You will be able to sue or continue to sue QLN in the future. If you have a pending lawsuit, speak to your lawyer in that case immediately. You may need to exclude yourself from this Class to continue your own lawsuit.
If you do nothing regarding this notice, your rights will still be affected. If you do nothing and you only worked for SuperCamp outside of California, you will receive no payment and will retain your right to sue based on federal law. If you do nothing and you worked at least one camp in California, you will receive a payment only for your California claims and release only your California claims. To receive your maximum payment (including California and federal claims), you must also timely return a consent to joint form.
The Fair Labor Standards Act is a federal law governing the payment of overtime for hours worked past 40 in a week. It does not have the same provisions that California law has relating to employees taking meal or rest breaks, sick leave, or double-time wages To receive payment for your federal claims, you must return a consent-to-join form.
In contrast, California law requires overtime to be paid for hours worked past 8 in a day or 40 hours in a week. California also has laws relating to meal breaks and rest breaks. If you worked for SuperCamp in California, do nothing in this lawsuit, and receive a check, you will give up your right to sue based on any California wage law. If you also submit a consent-to-join form, you will receive an increased settlement payment (including payment for your federal claims) and you will also release your federal wage claims under the Fair Labor Standards Act.
Bryan Schwartz Law (510-444-9300) represents Class Members. These lawyers are called Class Counsel. These lawyers will be paid from the Settlement amount, so you will not be charged personally for these lawyers' work on this case and in negotiating this Settlement. If you want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel will ask the Court to approve the payment of up to $133,333.33 for attorneys' fees and up to $15,000 for costs and expenses associated with investigating the facts, litigating the case, and negotiating the Settlement. A payment not to exceed $20,000 will also be made for the costs of the Claims Administrator administering the Settlement. A payment of up to $5,000 will be made to each of the two Class Representatives, Trevor Johnson and Samantha Harmon, for their work in bringing this lawsuit and in exchange for them waiving a much broader array of personal claims than you are waiving. In addition, a payment of up to $1,000 will be made to any Class Member who filed an affirmative opt-in, pre-Settlement.
A payment of $2,250 will also be made to the State of California's Labor and Workforce Development Agency to satisfy alleged Labor Code violations pursuant to the California Labor Code Private Attorneys General Act of 2004 ("PAGA").
The Court may award less than these amounts. QLN has agreed not to oppose Class Counsel's request for fees and expenses. If the Court awards less than the amounts described in this section, that money will be distributed to the Class or to an appropriate charity. None of this money will revert to QLN.
If you are a Class Member, you can object to the Settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to the Settlement in Trevor Johnson and Samantha Harmon, et al. v. Quantum Learning Network, et al., Case No. 5:15-cv-05013-LHK (be sure to include this case name and number in your letter). Be sure to also include your name, address, telephone number, your signature, and the reasons you object to the Settlement. To be considered, you must mail any objection to the Court at the address below, postmarked no later than [90 days from notice date]:
Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Settlement or "opting out" is telling the Court that you do not want to be part of the Class or receive any payment at all from the Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.
The Court will hold a Final Approval Fairness Hearing at [Time & Date], at the United States District Court for the Northern District of California, at 280 South First Street, San Jose, CA 95113, Courtroom 8, before the Honorable Lucy H. Koh. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. After the hearing, the Court will decide whether to approve the Settlement.
No. -But, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, if you so choose.
You may speak at the Final Approval Fairness Hearing provided that you give advance notice to the Court. To do so, you must send a letter to the Court saying that it is your "Notice of Intention to Appear in Trevor Johnson and Samantha Harmon, et al. v. Quantum Learning Network, et al., Case No. 5:15-cv-05013-LHK." You must include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than [two weeks prior to Final Approval Hearing Date], and be sent to the Court at the address listed in Question 18. You cannot speak at the hearing if you excluded yourself from the Settlement.
This notice summarizes the proposed Settlement. More details are in a Settlement Agreement. You can view a copy of the Settlement Agreement and other key documents in this case at the following web address: www.bryanschwartzlaw.com/supercamp. To access this page, you will need to use the password: [*INSERT PASSWORD*].
You can call 1-XXX-XXX-XXXX toll free, or write to Claims Administrator Rust Consulting, P.O. Box XXXX, City ST XXXXX-XXXX.
You may also speak to Class Counsel Bryan Schwartz Law by calling: (510) 444-9300.
