LUCY H. KOH, District Judge.
Having considered the parties Joint Motion for Preliminary Approval of the Class Action Settlement (the "Motion"), and the points and authorities and declaration submitted in support of the Motion, including the Joint Stipulation of Class Action Settlement and Release ("Settlement Agreement" or "Settlement"), ECF No. 31, and
1. This Order incorporates by reference the definitions in the Settlement Agreement, and all terms defined therein shall have the same meaning as set forth in the Settlement Agreement.
2. The Settlement Class shall be conditionally certified for settlement purposes only and shall consist of any individual employed by G&K Services, Inc. as a Route Sales Driver, Route Sales Representative, Assistant to Delivery or Route Sales Helper in the state of California at any time during the period from June 19, 2013 through the date of preliminary approval.
3.
4. The class action settlement set forth in the Settlement Agreement, entered into among the Parties and their counsel, is preliminarily approved as it appears to be proper, to fall within the range of reasonableness, to be the product of arm's-length and informed negotiations, to treat all Class Members fairly, and to be presumptively valid, subject only to any objections that may be raised at or before the final approval hearing. The Court further finds that Plaintiff's counsel conducted sufficient investigation and research, and that they were able to reasonably evaluate Plaintiff's position and the strengths and weaknesses of their claims and the ability to certify them. Plaintiff has provided the Court with enough information about the nature and magnitude of the claims being settled, as well as the impediments to recovery, to make an independent assessment of the reasonableness of the terms to which the parties have agreed.
5. The Court also finds that settlement now will avoid additional and potentially substantial litigation costs, as well as delay and risks if the Parties were to continue to litigate the Action.
6. The Court preliminarily approves the Settlement Agreement and the proposed Notice of Class Action Settlement as amended ("Amended Class Notice"), which is attached as a redlined version as Exhibit 1 to this Order and as a clean version incorporating all changes as Exhibit 2 to this Order.
7. The rights of any potential dissenters to the proposed Settlement are adequately protected in that they may exclude themselves from the Settlement and proceed with any alleged claims they may have against Defendant, or they may object to the Settlement and appear before this Court. If they wish to object, they must follow the procedures outlined in the Amended Class Notice.
8. The Court directs the mailing, by First-Class U.S. mail, of the Amended Class Notice to Class Members in accordance with the schedule set forth below and the other procedures described in the Settlement Agreement. The Court finds that the method selected for communicating the preliminary approval of the Settlement Agreement to Class Members— first-class U.S. mail—is the best notice practicable, constitutes due and sufficient notice to all persons entitled to notice, and thereby satisfies due process.
9. The named Plaintiffs, Jesse Hoffman and Philip Dolan, are suitable class representatives and are appointed Class Representatives for the Settlement Class conditionally certified by this Order.
10. The Court appoints The Bainer Law Firm as Class Counsel. The Court finds that Plaintiff's Counsel has demonstrable experience litigating, certifying, and settling class actions, and will serve as adequate counsel for the Class conditionally certified by this Order.
11. The Court further approves and appoints CPT Group as the Settlement Administrator.
12. The following dates shall govern for purposes of this Settlement:
13. A summary of the deadlines set by the Court is included in the chart below:
14. The Court expressly reserves the right to continue or adjourn the final approval hearing from time to time without further notice to the Class Members.
This is a Court-ordered Notice. You are not being sued. This notice affects your rights. Please read it carefully.
To: All current and former Route Sales Drivers, and Route Sales Helpers who worked for G&K Services, Inc. ("G&K") in the state of California at any time during the period from June 19, 2013 to [date]
On [date], the Honorable Lucy H. Koh of the United States District Court, Northern District of California, granted preliminary approval of this class action settlement and ordered the litigants to notify all Class Members about the settlement. A final determination will be made by the Court at a Final Approval/Settlement Fairness Hearing. You have received this notice because G&K's records indicate that you are a Class Member, and therefore entitled to a payment from the settlement.
This notice summarizes the proposed settlement. For the precise terms and conditions of the settlement, please see the settlement agreement available at www.____________.com, by contacting class counsel at 510-922-1802, by accessing the Court docket in this case through the Court's Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California at 280 South 1st Street, San Jose, CA 95113, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
The Lawsuit was filed on June 19, 2017 by Plaintiffs Jesse Hoffman and Philip Dolan ("Plaintiff") on behalf of all current and former Route Sales Drivers, , or other similar positions who worked in California during the Class Period. Claims alleged or that could have been alleged in the Lawsuit based on the facts alleged in the operative complaint include all of the following claims for relief: (1) Violation of California Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code §§ 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (3) Violation of California Labor Code §§ 226.7 & 512(a) (Unpaid Meal Period Premiums); (4) Violation of California Labor Code § 226.7 (Unpaid Rest Period Premiums); (5) Violation of California Labor Code §§ 201 and 202 (Wages Not Timely Paid Upon Termination); (6) Violation of California Labor Code § 226(a) (Non-Compliant Wage Statements); and (7) Violation of California Business & Professions Code §§ 17200, et seq.
The Court has not made any rulings regarding the merits of the case. After engaging in extensive investigation and an all-day mediation before an experienced mediator, in which both sides recognized the substantial risks of an adverse result in the Lawsuit for either side, Plaintiffs and G&K agreed on a class settlement that was preliminarily approved by the Court on [date]. Counsel for Plaintiffs, and the attorneys appointed by the Court to represent the class, The Bainer Law Firm ("Class Counsel"), have investigated and researched the facts and circumstances underlying the issues raised in the case and the law applicable. While Class Counsel believe that the claims alleged in this lawsuit have merit, Class Counsel also recognize that the risk and expense of continued litigation justify settlement. Based on the foregoing, Class Counsel believe the proposed settlement is fair, adequate, reasonable, and in the best interests of Class Members.
G&K has denied and continues to deny the factual and legal allegations in the case and believes that it has valid defenses to Plaintiffs' claims. By agreeing to settle, G&K is not admitting liability on any of the factual allegations or claims in the case or that the case can or should proceed as a class action. G&K has agreed to settle the case as part of a compromise with Plaintiffs.
In exchange for the release of claims against it and final judgment on the Lawsuit, Defendant G&K will pay up to Six Hundred and Fifty Thousand Dollars ($650,000) ("Maximum Settlement Fund"). After the Class Counsel Award, Class Representative Service Awards and settlement administration costs are deducted from the Maximum Settlement Fund, the remaining Net Settlement Amount will be distributed to Settlement Class Members who do not exclude themselves from the settlement. Any residue remaining from the Net Settlement Fund after distribution to the Settlement Class Members will be paid to the Legal Aid Society of Santa Clara and to Legal Aid at Work. Subject to Court approval, the Maximum Settlement Fund will be allocated at follows:
You do not need to take any action to qualify for payment. However, if you dispute the number Total Hours Worked, as stated above, you may contact the Settlement Administrator with the details of your dispute, including any supporting information or documentation, no later than [date]. If you do nothing, you will receive your Individual Settlement Payment calculated based on the Total Hours Worked as identified in this Notice and be bound by the terms of the Settlement.
You have the right to request exclusion from the settlement. If you do not wish to participate in the Settlement, you may exclude yourself by submitting a written request for exclusion no later than [date]. The written request for exclusion: (1) must contain your name, address, telephone number and the last four digits of the Social Security number and/or the Employee ID;, (2) must be postmarked no later than [date] and returned to the Settlement Administrator at the address of facsimile number listed below; and (3) must describe your intent to request exclusion, opt out, or words to that effect
If you submit a valid and timely request for exclusion, you shall be barred from participating in the Settlement. You may not object and will not receive an Individual Settlement Payment. You will retain all rights you may have against
Any Settlement Class Member may object to the settlement and/motion[Date][Time]
You can ask the Court to deny approval by filing an objection. You can't 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 may 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) , and signature; (b) clearly identify the case name and number (Hoffman v. G&K Services, Inc., Case No. 5:17-cv-04465-LHK); b) be submitted to the Court either by mailingthem to the Class Action Clerk, United States District Court for the Northern District of California, 280 South 1st Street, San Jose, CA 95113, or by filing them in person at any location of the United States District Court for the Northern District of California;, and (dc) be filed or postmarked on or before February 25, 2019[date].
The settlement, if finally approved by the Court, will bind all Settlement Class Members who do not request to be excluded from the settlement. Final approval of the settlement will bar any Settlement Class Member who does not request to be excluded from the settlement from hereafter initiating a lawsuit or proceeding regarding a claim originating during the period betweenand [date]
The foregoing is only a summary of the settlement. To see a copy of the Stipulation of Class Action Settlement (which defines the capitalized terms used in this Notice and provides a brief summary of what has happened in the Lawsuit), the Court's Preliminary Approval Order, Class Counsel's application for attorneys' fees and costs, the operative Complaint filed in the Lawsuit, and other filed documents related to the Lawsuit and this Settlement, you may view all such files at www._______________.com or by accessing the Court docket in this case through the Court's Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California at 280 South 1st Street, San Jose, CA 95113, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. IF YOU NEED MORE INFORMATION OR HAVE ANY QUESTIONS, you may contact the Settlement Administrator at [____________] or Class Counsel:
This is a Court-ordered Notice. You are not being sued. This notice affects your rights. Please read it carefully.
To: All current and former Route Sales Drivers, Route Sales Representatives, Assistant to Delivery, and Route Sales Helpers who worked for G&K Services, Inc. ("G&K") in the state of California at any time during the period from June 19, 2013 to December 13, 2018.
On December 13, 2018, the Honorable Lucy H. Koh of the United States District Court, Northern District of California, granted preliminary approval of this class action settlement and ordered the litigants to notify all Class Members about the settlement. A final determination will be made by the Court at a Final Approval/Settlement Fairness Hearing. You have received this notice because G&K's records indicate that you are a Class Member, and therefore entitled to a payment from the settlement.
This notice summarizes the proposed settlement. For the precise terms and conditions of the settlement, please see the settlement agreement available at www.____________.com, by contacting class counsel at 510-922-1802, by accessing the Court docket in this case through the Court's Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California at 280 South 1st Street, San Jose, CA 95113, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
The Lawsuit was filed on June 19, 2017 by Plaintiffs Jesse Hoffman and Philip Dolan ("Plaintiff") on behalf of all current and former Route Sales Drivers, Route Sales Representatives, Assistant to Delivery, and Route Sales Helpers who worked in California during the Class Period. Claims alleged or that could have been alleged in the Lawsuit based on the facts alleged in the operative complaint include all of the following claims for relief: (1) Violation of California Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code §§ 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (3) Violation of California Labor Code §§ 226.7 & 512(a) (Unpaid Meal Period Premiums); (4) Violation of California Labor Code § 226.7 (Unpaid Rest Period Premiums); (5) Violation of California Labor Code §§ 201 and 202 (Wages Not Timely Paid Upon Termination); (6) Violation of California Labor Code § 226(a) (Non-Compliant Wage Statements); and (7) Violation of California Business & Professions Code §§ 17200, et seq.
The Court has not made any rulings regarding the merits of the case. After engaging in extensive investigation and an all-day mediation before an experienced mediator, in which both sides recognized the substantial risks of an adverse result in the Lawsuit for either side, Plaintiffs and G&K agreed on a class settlement that was preliminarily approved by the Court on December 13, 2018. Counsel for Plaintiffs, and the attorneys appointed by the Court to represent the class, The Bainer Law Firm ("Class Counsel"), have investigated and researched the facts and circumstances underlying the issues raised in the case and the law applicable. While Class Counsel believe that the claims alleged in this lawsuit have merit, Class Counsel also recognize that the risk and expense of continued litigation justify settlement. Based on the foregoing, Class Counsel believe the proposed settlement is fair, adequate, reasonable, and in the best interests of Class Members.
G&K has denied and continues to deny the factual and legal allegations in the case and believes that it has valid defenses to Plaintiffs' claims. By agreeing to settle, G&K is not admitting liability on any of the factual allegations or claims in the case or that the case can or should proceed as a class action. G&K has agreed to settle the case as part of a compromise with Plaintiffs.
In exchange for the release of claims against it and final judgment on the Lawsuit, Defendant G&K will pay up to Six Hundred and Fifty Thousand Dollars ($650,000) ("Maximum Settlement Fund"). After the Class Counsel Award, Class Representative Service Awards and settlement administration costs are deducted from the Maximum Settlement Fund, the remaining Net Settlement Amount will be distributed to Settlement Class Members who do not exclude themselves from the settlement. Any residue remaining from the Net Settlement Fund after distribution to the Settlement Class Members will be paid to the Legal Aid Society of Santa Clara and to Legal Aid at Work. Subject to Court approval, the Maximum Settlement Fund will be allocated at follows:
You do not need to take any action to qualify for payment. However, if you dispute the number Total Hours Worked, as stated above, you may contact the Settlement Administrator with the details of your dispute, including any supporting information or documentation, no later than [date]. If you do nothing, you will receive your Individual Settlement Payment calculated based on the Total Hours Worked as identified in this Notice and be bound by the terms of the Settlement.
You have the right to request exclusion from the settlement. If you do not wish to participate in the Settlement, you may exclude yourself by submitting a written request for exclusion no later than February 25, 2019. The written request for exclusion: (1) must contain your name, address, telephone number and the last four digits of the Social Security number and/or the Employee ID; (2) must be postmarked no later than February 25, 2019 and returned to the Settlement Administrator at the address of facsimile number listed below; and (3) must describe your intent to request exclusion, opt out, or words to that effect
If you submit a valid and timely request for exclusion, you shall be barred from participating in the Settlement. You may not object and will not receive an Individual Settlement Payment. You will retain your right to sue G&K.
Any Settlement Class Member may object to the settlement and/or Class Counsel's request for attorneys' fees and costs and Class Representative service awards and appear at the hearing where the Court will make a final decision on (1) whether or not to approve the settlement, and (2) what attorneys' fees and costs and Class Representative service awards to award (the "Final Approval Hearing"). The Final Approval Hearing is scheduled to take place on March 28, 2019, at 1:30 p.m. in Courtroom 8 of the United States District Court, Northern District of California, located at 280 South 1st Street, San Jose, CA 95113. Please note the date and time for this hearing is subject to change without further notice being sent to you. You should check the settlement website above and/or the Court's PACER site to confirm that the date has not been changed.
You can ask the Court to deny approval by filing an objection. You can't 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.
If you wish to object, you must do so in writing. All written objections must (a) contain your name and address; (b) clearly identify the case name and number (Hoffman v. G&K Services, Inc., Case No. 5:17-cv-04465-LHK); and (c) be mailed to the Class Action Clerk, United States District Court for the Northern District of California, 280 South 1st Street, San Jose, CA 95113, postmarked on or before February 25, 2019.
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.
The settlement, if finally approved by the Court, will bind all Settlement Class Members who do not request to be excluded from the settlement. Final approval of the settlement will bar any Settlement Class Member who does not request to be excluded from the settlement from hereafter initiating a lawsuit regarding a claim originating from June 19, 2013 through December 13, 2018, which is based on the facts alleged in the operative complaint. Specifically, the Released Claims are all causes of action based on the facts in the operative complaint including all of the following claims for relief: 1) failure to pay regular, overtime and double time wages in violation of the California Labor Code 2) failure to provide, authorize, permit and/or make available meal and rest periods in violation of California Labor Code §§ 226.7 and 512; 3) failure to provide accurate itemized wage statements in violation of California Labor Code § 226; 4) failure to maintain accurate time and payroll records in violation of California Labor Code § 1174; 5) failure to pay all wages upon termination in violation of California Labor Code §§ 201-204; 6) violation of California Business and Professions Code §§ 17200, et seq.; 7) any other claims, penalties, premiums, or injunctive relief under the laws pleaded in the Action; and 8) all damages, penalties, interest and other amounts recoverable under said causes of action under California law and the California Labor Code as to the facts alleged in the Action, the applicable Wage Orders as to the facts alleged in the Action, the California Unfair Competition Law as to the facts alleged in the Action.
The foregoing is only a summary of the settlement. To see a copy of the Stipulation of Class Action Settlement (which defines the capitalized terms used in this Notice and provides a brief summary of what has happened in the Lawsuit), the Court's Preliminary Approval Order, Class Counsel's application for attorneys' fees and costs, the operative Complaint filed in the Lawsuit, and other filed documents related to the Lawsuit and this Settlement, you may view all such files at www._______________.com or by accessing the Court docket in this case through the Court's Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California at 280 South 1st Street, San Jose, CA 95113, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. IF YOU NEED MORE INFORMATION OR HAVE ANY QUESTIONS, you may contact the Settlement Administrator at [____________] or Class Counsel:
