Motion for Final Approval of Class Action and PAGA Settlement
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7 30-2021-01192697 The tentative ruling is to continue the hearing on Plaintiff Hernandez vs. Guillermo Hernandez’s (“Plaintiff”) Motion for Final Amazon.com Services, Approval of Class Action and PAGA Settlement and LLC Plaintiff’s Motion for Attorneys’ Fees, Costs, and Incentive Award to September 21, 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 16 days before the next hearing date.
Despite the court’s previous Minute Order, the parties have failed to address the following issues:
• The number of aggrieved employees included in the settlement is not provided. • The [Proposed] Order and Judgment must also provide how the parties will comply with CRC Rule 3.771 (b), which states: “Notice of the judgment must be given to the class in the manner specified by the court.” The notice may be included with the checks that are mailed to the class members or posted on the administrator’s website. • Paragraph 19 of the [Proposed] Order and Judgment must be removed as the dismissal of claims violates C.R.C., Rule 3.679(h).
Plaintiff is ordered to give notice of this ruling.
8 30-2023-01344326 Plaintiff Carlos Anaya’s (“Plaintiff”) Motion for Final Anaya vs. Worldpac, Approval of Class Action and PAGA Settlement is Inc. GRANTED IN PART.
An enhancement award of $5,000 is sufficient and proper for a class and settlement of this size, and based on plaintiff’s contribution to the case.
The court also finds that an attorneys’ fee award totaling $355,425.00 or 30% of the Gross Settlement Amount, which constitutes a 1.64 multiplier of the lodestar amount, is fair, adequate and reasonable for the class and settlement of this size, contingent nature of representation and the results achieved.
The court concludes that the $1,184,750.00 class action and PAGA settlement is fair, adequate and reasonable, and approves the following specific awards:
• $355,425.00 to plaintiff’s counsel for plaintiff’s attorneys’ fees, reduced from the $394,916.67 requested; • $18,000.00 to plaintiff’s counsel for plaintiff’s litigation costs, as requested; • $5,000.00 to Plaintiff Carlos Anaya as enhancement award, reduced from the $10,000.00 requested; • $14,550.00 to ILYM Group, Inc., the settlement administrator, as requested; and • $56,250.00 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 $735,525.00.
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The Final Accounting hearing is set for June 7, 2027 at 1:30 p.m. in Department CX103. At least sixteen (16) calendar days before the hearing, Class Counsel and the Settlement Administrator must 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.
Within five (5) days of this ruling, Plaintiff shall provide the court with a revised Proposed Final Order and Judgment reflecting this ruling.
Plaintiff is ordered to give notice of the ruling to the LWDA and Defendant.
9 30-2024-01383304 The court has reviewed and considered the papers filed in Margaritis vs. AAA Oil, support of plaintiff’s motion for final approval of a $530,000 Inc. class action and PAGA settlement. Subject to the submission of the document described below, the tentative ruling is to GRANT the motion as follows:
$5,000.00 for plaintiff’s enhancement payment;
$159,000 for attorneys’ fees;
$22,292.73 for litigation costs;