Marron v. Healthsource Global Staffing, Inc.

CourtDistrict Court, N.D. California
DecidedAugust 11, 2025
Docket4:19-cv-01534
StatusUnknown

This text of Marron v. Healthsource Global Staffing, Inc. (Marron v. Healthsource Global Staffing, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marron v. Healthsource Global Staffing, Inc., (N.D. Cal. 2025).

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID H. MARRON, Case No. 19-cv-01534-KAW

8 Plaintiff, ORDER GRANTING MOTION FOR 9 v. APPROVAL OF PAGA SETTLEMENT; GRANTING IN PART AND DENYING 10 HEALTHSOURCE GLOBAL STAFFING, IN PART MOTION FOR ATTORNEY'S INC., FEES 11 Defendant. Re: Dkt. Nos. 70, 74 12 13 Plaintiff David H. Marron originally filed the instant putative class action against 14 Defendant Healthsource Global Staffing, Inc., asserting violations of various credit reporting 15 statutes and California Labor Code violations. (See Compl., Dkt. No. 1-1.) On April 9, 2025, 16 Plaintiff filed the operative complaint, which asserted a single cause of action for penalties under 17 the California Private Attorneys General Act (“PAGA”). (Second Amended Compl. (“SAC”), 18 Dkt. No. 68.) 19 Pending before the Court is: (1) Plaintiff’s motion to approve a settlement pursuant to 20 PAGA, and (2) Plaintiff’s motion for attorney’s fees, costs, administrative costs, and a service 21 award. (Pl.’s Mot. for Approval, Dkt. No. 70; Pl.’s Mot. for Attorney’s Fees, Dkt. No. 74.) 22 Having considered the filings, the relevant legal authority, and the arguments made at the July 17, 23 2025 hearing, the Court GRANTS Plaintiff’s motion for approval of the settlement and GRANTS 24 IN PART and DENIES IN PART Plaintiff’s motion for attorney’s fees. 25 I. BACKGROUND 26 Defendant is a California corporation that hires individuals to work during nursing strikes. 27 (See Pl.’s Mot. for Approval at 2; 4/10/25 Setareh Decl., Exh. 1 (“Settlement Agreement”), Dkt. 1 nursing strike assignments. (See Pl.’s Mot. for Approval at 1-2.) 2 Plaintiff alleges that Defendants’ practices violated various California Labor Code 3 provisions. For example, Plaintiff alleges that workers were flown by plane to their assignment 4 location. (SAC ¶ 10.) On each day they were required to report to work, they would wait for a 5 bus chartered by Defendant. (SAC ¶ 10.) Upon arrival at the job site, they were required to 6 check-in and perform onboarding requirements, including reviewing new hire paperwork and 7 signing any necessary documents. (SAC ¶ 10.) Workers, however, were not considered to be “on 8 the clock” until they arrived at the actual department to which they were assigned, and thus were 9 not paid for this time. (SAC ¶¶ 10-11.) Plaintiff also alleges that workers were not given 10 compliant meal and rest breaks, but that Defendant had policies including not scheduling meal 11 periods as part of a work shift, understaffing each work shift, imposing so much work that workers 12 could not take breaks if they wanted to finish work on time, and requiring workers to stay on-duty 13 during meal periods. (SAC ¶¶ 14, 17.) Finally, Plaintiff alleges that Defendant failed to pay 14 contractually-earned bonuses, agreed upon per diem for food, and other expenses, as well as failed 15 to provide accurate wage statements. (SAC ¶¶ 22-23, 26-27, 29-30, 32.) 16 Plaintiff originally filed a putative class action on October 18, 2018, which also asserted a 17 PAGA claim. (Not. of Removal, Exh. A (“Compl.”), Dkt. No. 1.) After the case was removed to 18 federal court, Defendant moved to compel arbitration. (Dkt. No. 15.) On September 13, 2019, the 19 Court granted Defendant’s motion to compel arbitration. (Dkt. No. 27.) Arbitration as to 20 Plaintiff’s individual claim (including his individual PAGA claim) was dismissed on April 4, 2024 21 after the parties settled his individual claim. (4/10/25 Setareh Decl. ¶ 7.) 22 On April 4, 2022, the parties attended a mediation. (4/10/25 Setareh Decl. ¶ 8.) Following 23 two years of post-mediation negotiations, the parties entered into a Settlement Agreement to 24 resolve the non-individual PAGA claims. (4/10/25 Setareh Decl. ¶ 8.) The Settlement Agreement 25 covers all non-exempt employees who worked in hourly positions in California from October 17, 26 2017 through the date of approval, or approximately 10,000 individuals. (4/10/25 Setareh Decl. ¶ 27 37, Exh. 1 (“Settlement Agreement”) at 3.) The Settlement Agreement would release Defendant 1 Total Settlement Amount of $720,080.00. (Pl.’s Mot. for Approval at 1; Settlement Agreement at 2 5.) From the Total Settlement Amount, Plaintiff’s counsel may seek: (1) third-party settlement 3 administration fees, (2) attorney’s fees of 33% ($240,026.67), (3) costs of up to $12,000, and (4) a 4 service award of $10,000 for Plaintiff. (Settlement Agreement at 5.) This leaves a Net Settlement 5 Amount of $438,643.33. 6 On April 10, 2025, Plaintiff filed the instant motion for approval of the PAGA settlement. 7 On April 17, 2025, Plaintiff filed a motion for attorney’s fees, costs, administrative costs, and a 8 service award. On May 27, 2025, the Court requested supplemental briefing. (Dkt. No. 76.) On 9 June 10, 2025, Plaintiff filed his supplemental brief. (Pl.’s Supp. Br., Dkt. No. 77.) That same 10 day, counsel in another pending PAGA claim proceeding in state court filed a statement objecting 11 to the proposed settlement. (Obj., Dkt. No. 78.) 12 II. LEGAL STANDARD 13 “An employee bringing a PAGA action does so as the proxy or agent of the state’s labor 14 law enforcement agencies, . . . who are the real parties in interest.” Sakkab v. Luxottica Retail N. 15 Am. Inc., 803 F.3d 425, 435 (9th Cir. 2015) (internal citations omitted). “Because a PAGA action 16 is brought as a proxy for law enforcement agencies, there is no requirement that the Court certify a 17 PAGA claim for representative treatment like in Rule 23.” Delgado v. Marketsource, Inc., Case 18 No. 17-cv-7370-LHK, 2019 U.S. Dist. LEXIS 146968, at *8 (N.D. Cal. Aug. 28, 2019) (internal 19 quotation omitted). PAGA, however, requires that the court “review and approve any settlement 20 of any civil action filed pursuant to [PAGA].” Cal. Labor Code § 2699(l)(2). Additionally, “[a] 21 party seeking approval of a PAGA settlement must simultaneously submit the proposed settlement 22 to the LWDA to allow the LWDA to comment on the settlement if the LWDA so desires.” 23 Delgado, 2019 U.S. Dist. LEXIS 146968, at *8-9. 24 In evaluating a PAGA settlement, “neither the California legislature, nor the California 25 Supreme Court, nor the California Courts of Appeal, nor the LWDA has provided any definitive 26 answer as to what the appropriate standard is for approval of a PAGA settlement.” Haralson v. 27 U.S. Aviation Servs. Corp., 383 F. Supp. 3d 959, 971 (N.D. Cal. 2019) (internal quotations 1 It is thus important that when a PAGA claim is settled, the relief provided for under the PAGA be genuine and meaningful, consistent 2 with the underlying purpose of the statute to benefit the public and, in the context of a class action, the court evaluate whether the 3 settlement meets the standards of being “fundamentally fair, reasonable, and adequate” with reference to the public policies 4 underlying the PAGA. 5 201 F. Supp. 3d 1110, 1133 (N.D. Cal. 2016). “In line with these general principles, a number of 6 district courts have applied a Rule 23-like standard, asking whether the settlement of the PAGA 7 claims is fundamentally fair, adequate, and reasonable in light of PAGA’s policies and purposes.” 8 Haralson, 383 F. Supp. 3d at 972. 9 III. DISCUSSION 10 A. Fairness of the Proposed Settlement 11 “Given the lack of an express standard, several courts . . . have applied several of the 12 factors in Hanlon v. Chrysler Corp., 150 F.3d 1011, 1026 (9th Cir. 1998), to evaluate a PAGA 13 settlement. Delgado, 2019 U.S. Dist. LEXIS 146968; see also Patel v. Nike Retail Servs., Case 14 No. 14-cv-4781-RS, 2019 U.S. Dist. LEXIS 77988, at *5 (N.D. Cal.

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Sakkab v. Luxottica Retail North America, Inc.
803 F.3d 425 (Ninth Circuit, 2015)
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201 F. Supp. 3d 1110 (N.D. California, 2016)
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Bluebook (online)
Marron v. Healthsource Global Staffing, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/marron-v-healthsource-global-staffing-inc-cand-2025.