Tijero v. Aaron Bros.

301 F.R.D. 314, 2013 WL 6700102, 2013 U.S. Dist. LEXIS 178511
CourtDistrict Court, N.D. California
DecidedDecember 19, 2013
DocketCase No: C 10-01089-SBA
StatusPublished
Cited by17 cases

This text of 301 F.R.D. 314 (Tijero v. Aaron Bros.) 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
Tijero v. Aaron Bros., 301 F.R.D. 314, 2013 WL 6700102, 2013 U.S. Dist. LEXIS 178511 (N.D. Cal. 2013).

Opinion

ORDER GRANTING RENEWED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

Docket 93

SAUNDRA BROWN ARMSTRONG, United States District Judge

This is a wage-and-hour hybrid collective action and class action brought by Plaintiffs Jose Tijero (“Tijero”) and Amanda Godfrey (“Godfrey”) (collectively, “Plaintiffs”) on behalf of themselves and all other similarly situated non-exempt hourly employees employed by Aaron Brothers, Inc. (“Defendant”) from May 7,2005 to the present. The operative complaint alleges that Plaintiffs have violated the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., various California Labor Code sections and IWC Wage Orders, and California Business & Professions Code § 17200 et seq.

The parties are presently before the Court on Plaintiffs’ renewed motion for preliminary approval of class action settlement. Dkt. 93. Plaintiffs request the Court, among other [318]*318things, grant preliminary approval of the proposed settlement, certify two settlement classes, approve the proposed notice plan, and schedule a Final Fairness Hearing. Id. Defendant has filed a statement of non-opposition. Dkt. 94. Having read and considered the papers filed in connection with this matter and being fully informed, the Court hereby GRANTS Plaintiffs’ motion for preliminary approval of class action settlement, for the reasons stated below. The Court, in its discretion, finds this matter suitable for resolution without oral argument. See Fed. R.Civ.P. 78(b); N.D. Cal. Civ. L.R. 7-l(b).

I. BACKGROUND

On May 7, 2009, Tijero commenced the instant action in the Superior Court of the State of California, County of Alameda. Compl., Dkt. 1. On March 15, 2010, the action was removed to this Court under the Class Action Fairness Act (“CAFA”). Id. On October 15, 2010, the complaint was amended to add Godfrey. Dkt. 36. On December 1, 2010, Plaintiffs filed a second amended complaint. Dkt. 38. On April 1, 2011, the Court granted Defendant’s motion to dismiss the second amended complaint. Dkt. 46. Plaintiffs filed a third amended complaint on April 22, 2011. Dkt. 49. A fourth amended complaint (“FAC”) was filed on May 12, 2011. Dkt. 51.

Defendant is a retailer of arts and crafts goods. FAC ¶4. Defendant operates in excess of 100 stores in California. Id. Tije-ro was employed by Defendant as a nonexempt assistant store manager from June 29, 2008 to September 20, 2008. FAC ¶ 7. God-frey was employed by Defendant as a nonexempt sales associate and lead framer from May 27,2007 to May 2010. Id. ¶ 18.

Plaintiffs seek to represent a Federal Rule of Civil Procedure 23 class and a FLSA collective action consisting of all non-exempt, hourly employees employed by Defendant in the State of California from May 7, 2005 to the present (“Class Period”). Pis.’ Mot. at 4. According to Plaintiffs, all retail store level employees were subject to the same company policies and practices relating to, among other things, off-the-clock work, overtime, meal periods, and rest breaks. Id. at 1, 4. Plaintiffs allege that Defendant failed to pay them and putative class members overtime wages, failed to provide meal periods and rest breaks, failed to pay minimum wages for work conducted “off the clock,” failed to pay compensation due at termination, and failed to provide accurate wage statements. Id. at 4. By this action, Plaintiffs seek recovery for unpaid wages under state and federal law, including the FLSA. Id. In addition, Plaintiffs seek state law penalties under the Private Attorney General Act (“PAGA”), Labor Code § 2698 et seq., and applicable state statutes. Id.

The FAC alleges ten claims for relief: (1) unpaid wages in violation of Labor Code § 226 and IWC Wage Orders, including but not limited to, IWC Wage Order 7-2001; (2) unpaid overtime wages in violation of the FLSA, 29 U.S.C. § 207; (3) unpaid overtime in violation of Labor Code §§ 510 and 1194 and IWC Wage Orders Nos. 4-2000 and 4-2001; (4) failure to provide meal breaks in violation of Labor Code §§ 226, 226.7, 512 and 516 and IWC Wage Orders, including, but not limited to, IWC Wage Order 7-2001; (5) failure to provide rest breaks in violation of Labor Code §§ 226.7 and 516 and IWC Wage Orders, including, but not limited to, IWC Wage Order 7-2001; (6) failure to pay minimum wages for “off the clock” work in violation of Labor Code § 1197 and IWC Wage Orders Nos. 4-2000 and 4-2001; (7) failure to pay all compensation due at termination based on being paid final wages with a pay card in violation of Labor Code §§ 201, 202, 203, 218.5 and 218.6 and IWC Wage Orders, including, but not limited to, IWC Wage Order 7-2001; (8) failure to provide accurate wage statements in violation of Labor Code § 226; (9) violation of California Business & Professions Code §§ 17200-17208; and (10) violation of PAGA See FAC. On May 31, 2011, Defendant filed an answer to the FAC. See FAC.

On April 4, 2012, the parties participated in a mediation overseen by private mediator David A. Rotman. Pis.’ Mot. at 6. After approximately ten hours of settlement negotiations, the parties reached an agreement to settle this matter for $800,000, inclusive of attorneys’ fees and costs. Id. The Stipula[319]*319tion of Settlement (“Settlement Agreement”) was finalized on August 7, 2012. Id. Following the denial of Plaintiffs first motion for preliminary approval of class action settlement, the Settlement Agreement was revised and fully executed on March 4, 2013. Id.

The salient terms of the settlement call for payment of $800,000 into a gross settlement fund for: (1) the claims of all settlement class members; (2) an award of attorneys’ fees and costs; (3) incentive awards for Plaintiffs; (4) a PAGA penalty; and (5) all costs associated with claims administration. Pis.’ Mot. at 7. Defendant has agreed to pay the settlement amount in exchange for the release of claims against the “Released Parties” as defined in the Settlement Agreement.1 Id. at 12.

After deducting attorneys’ fees in the amount of $266,666.66 (which represents 33% of the common fund), costs in the amount of $30,000, incentive award payments to Plaintiffs in the collective amount of $10,000, maximum payment to Rule 23 class members who do not opt-out in the amount of $65,000, claims administration fees in the amount of $72,000, and a PAGA penalty in the amount of $10,000, the net settlement amount is projected to be $346,333.34 (“Net Settlement Fund”). Pis.’ Mot. at 7. Under the terms of the Settlement Agreement, the Net Settlement Fund is to be allocated among each qualified settlement class member who does not timely opt-out based on a formula which incorporates the class members’ respective classification as a “full-time” or “part-time” employee, coupled with the number of pay periods (i.e., workweeks) the individual worked during the class period, and subject to reduction for any pay periods covered by a prior settlement.2 Id. at 8.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
301 F.R.D. 314, 2013 WL 6700102, 2013 U.S. Dist. LEXIS 178511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tijero-v-aaron-bros-cand-2013.