Timothy O Cain v. Pulse Commercials, LLC

• Court: District Court, C.D. California
• Decided: May 31, 2023
• Docket: 2:23-cv-02194
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 TIMOTHY O’CAIN, an individual, Case No. 2:23-cv-02194-AB-RAO individually and on behalf of all others 13 similarly situated, HONORABLE ANDRÉ BIROTTE JR.

14 Plaintiff, ORDER APPROVING PAGA & FLSA 15 v. SETTLEMENT AND DISMISSAL OF ACTION 16 PULSE COMMERCIALS, LLC, a Delaware Limited Liability Company; 17 THOMAS BENSKI, an individua; MARISA CLIFFORD, an individual; 18 CASEY ENGELHARDT, an individual, DOE 1 through and 19 including DOE 10, 20 Defendants. 21

22 23 24 25 26 27 28 1 STIPULATION OF SETTLEMENT AND REQUEST FOR DISMISSAL 2

3 Having read and considered the Parties’ Stipulation to Approve PAGA & FLSA 4 Settlement and Dismissal of Action (the “Stipulation”), and good cause appearing and 5 having found the Parties’ settlement of Plaintiff’s individual claims pursuant to the 6 Private Attorneys’ General Act, Cal. Lab. Code section 2698 et seq. (“PAGA”) & the 7 Fair Labor Standards Act (“FLSA”) Settlement to be fair, adequate and reasonable, the 8 Court hereby ORDERS: 9 1. The PAGA & FLSA Settlement described herein, which settles and 10 releases Plaintiff Timothy O’Cain’s (“Plaintiff” or “O’Cain”) PAGA and FLSA claims 11 on an individual basis only, as set forth in the PAGA & FLSA Settlement. (See Dkt. 12 No. 15 at Ex. A, “Ex. A.”) 13 2. Defendant Pulse Commercials, LLC (“Defendant” or “Pulse”) shall make 14 the payments described in the PAGA & FLSA Settlement Agreement, as set forth in 15 Ex. A. 16 3. Plaintiff’s Individual PAGA and FLSA Claims are hereby dismissed with 17 prejudice; 18 4. The Court finds that the factors set forth in Diaz v. Trust Territory of the 19 Pacific Islands, 876 F.2d 1401 (9th Cir. 1989) favor settlement of Plaintiff’s Individual 20 Claims and dismissal of the class claims without prejudice to the putative class and 21 without the necessity of issuing class notice; 22 5. The class, collective, and representative PAGA claims are dismissed, 23 without prejudice, except as to Plaintiff as set forth in the Parties’ Stipulation and in 24 Ex. A. 25 6. The Lawsuit is hereby dismissed in its entirety as to all Parties as set forth 26 herein; 27 28 7. All Parties shall bear their respective fees and costs except as expressly provided in the PAGA & FLSA Settlement Agreement; and ; 8. The PAGA & FLSA Settlement Agreement shall be enforceable by the Court and the Court shall retain jurisdiction of this Lawsuit over all Parties to enforce ° the terms, conditions and obligation of the Agreement. IT IS SO ORDERED.

8 || Dated: May 31, 2023 \dG— 9 Honorable André Birotte Jr. 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28