Judge: Lon F. Hurwitz, Case: 18-00968822, Date: 2024-04-05 Tentative Ruling
Final Accounting
OVERVIEW/ANALYSIS: This is a putative wage-and-hour class and PAGA action. On January 22, 2018, Plaintiff Mary Elizabeth Fleming, individually and on behalf of other aggrieved employees, filed the original Complaint against Defendant Team Sahara, Inc. (“Defendant”) alleging a single cause of action for PAGA civil penalties. (ROA 2). On November 29, 2018, the First Amended Complaint (“FAC”) was filed naming Janica Daniels (“Plaintiff”) as the named plaintiff, again alleging a single cause of action for PAGA violations. (ROA 86).
On August 3, 2021, the parties filed a Joint Stipulation wherein they agreed Plaintiff could file the operative Second Amended Complaint (“SAC”) solely for the purpose of effectuating the global settlement reached by the parties. (ROA 160). In addition to the PAGA claim, the SAC alleged 11 additional causes of action as follows:
1. Failure to Pay Minimum Wages;
2. Failure to Pay Overtime Wages;
3. Failure to Provide Meal Periods;
4. Failure to Permit Rest Breaks;
5. Failure to Furnish Accurate Wage Statements;
6. Failure to Keep Accurate Records;
7. Failure to Timely Pay Wages upon Separation of Employment;
8. Failure to Reimburse for Business Expenses;
9. Unlawful Deductions from Earned Wages;
10. Unlawful Retention of Gratuities; and
11. Violation of Bus. & Prof. Code § 17200
The putative class is made of adult entertainment dancers who danced at Defendant’s nightclub. The SAC generally alleges Defendant misclassified the dancers as independent contractors.
The Motion for Final Approval of the Class and PAGA Settlement was granted by the Court on October 7, 2022, and the Order Granting Final Approval was filed on November 4, 2022. (ROA 259, 261). The Settlement provided as follows:
• Gross Settlement Amount - $2,400,000.00
• LWDA - $56,250.00
• Administration costs - $20,000.00
• Enhancement - $5,000.00
• Attorneys’ fees - $800,000.00
• Litigation costs - $8,309.28
The Class consisted of 493 individuals, but 246 of those individuals did not have any contact information available. On June 3, 2022, the Notice Packet was mailed to 247 Class Members. Although the Court was concerned about the method of class notice, the Court accepted counsel’s representation that sending the notice through U.S. Mail, and allowing class members not included in the mailing to opt-in, was the best method of achieving distribution. (ROA 356, 259).
Final Accounting was set for July 26, 2023. The Court ordered the Settlement Administrator to provide written certification of the completion of administration of the Settlement at least five (5) court days before the Final Accounting hearing. (ROA 261).
As of July 24, 2023, the Settlement Administrator has not filed a declaration, and Plaintiff has not requested a continuance of the Final Approval hearing.
RULING:
The Final Accounting hearing is CONTINUED to October 6, 2023, at 1:30 p.m. in Department CX 103 so that Plaintiff can file a declaration of the Settlement Administrator attesting to the disbursement of the settlement funds.
Counsel must file the requisite declaration no later than fourteen (14) calendar days prior to the continued hearing date. If, for any reason, said Declaration cannot be timely filed pursuant to this Order, Counsel is ORDERED to request a continuance no later than 10 days prior to said hearing date.
Plaintiff to give notice of the Court’s ruling.
The Court does not require any physical or remote appearance at the hearing scheduled for July 26, 2023.