Phu vs. Microvention, Inc.

7 30-2023-01354850 The tentative ruling is to continue the hearing on Plaintiffs Butler vs. American Adolfo Rojas Sr. and Jesse Bryan Butler’s (collectively, Vision Windows, “Plaintiffs”) Motion for Final Approval of Class Action and Inc. PAGA Settlement to August 31, 2026 at 1:30 p.m. Counsel must file supplemental papers addressing the court’s concerns (not fully revised papers that would have to be re-read) at least 12 days before the next hearing date.

As the court stated in its previous Minute Order, an invoice from the Administrator is required to support the $12,556.00 Administrator fee request. The court cannot approve the administration cost award absent documentary support itemizing the underlying costs which demonstrates that the request is reasonable.

Further, as Plaintiffs’ counsel states: “Plaintiffs shall file a declaration of the Administrator regarding settlement distribution at least one week prior to the Settlement Compliance hearing.” (Supp. Manus Dec. ¶ 14.) The hearing should be referred to as the Final Report Hearing, and the administrator’s declaration should be provided to the court 16 days before the Final Report Hearing.

Plaintiff is ordered to give notice of the ruling to the LWDA, and to Defendant.

8 30-2024-01376392 Plaintiff Loan Phu’s (“Plaintiff”) Motion for Final Approval of Phu vs. Class Action and PAGA Settlement is GRANTED IN PART. Microvention, Inc. An enhancement award of $5,000 is sufficient and proper for a class and settlement of this size, based on plaintiff’s contribution to the case.

The court concludes that the $1,180,000.00 class action and PAGA settlement is fair, adequate and reasonable, and approves the following specific awards: • $354,000.00 to plaintiff’s counsel for plaintiff’s attorneys’ fees, as requested; • $10,355.02 to plaintiff’s counsel for plaintiff’s litigation costs, as requested;

• $5,000.00 to Plaintiff Loan Phu as enhancement award, reduced from the $10,000.00 requested; • $11,990.00 to Apex Class Action, LLC, the settlement administrator, as requested; and • $75,000.00 to the LWDA for its share of PAGA penalties, as requested.

The total amount that will be payable to all class members [and aggrieved employees], if they are paid the amount to which they are entitled pursuant to the judgment, is $723,654.98.

The Final Accounting hearing is set for August 23, 2027 at 1:30 p.m. in Department CX103. At least sixteen (16) calendar days before the hearing, Class Counsel and the Settlement Administrator shall submit a summary accounting of the distribution of the settlement funds to Class Members and Aggrieved Employees, identifying the distributions made pursuant to this Order and Judgment, and identifying the number and value of any uncashed checks, and the status of any unresolved issues.