Judge: Mark C. Kim, Case: 21LBCV00333, Date: 2022-08-30 Tentative Ruling

Case Number: 21LBCV00333    Hearing Date: August 30, 2022    Dept: S27

1.     Motion for Preliminary Approval of Class Action Settlement

Plaintiff, Kevin Pugh filed this class action complaint against Defendant, The Airport Collective, Inc. for wage and hour violations on 6/18/19.  The parties participated in mediation and entered into a conditional settlement of all claims.  Plaintiff has now filed this motion for preliminary approval of class action settlement. 

The Court has reviewed the motion, accompanying declaration, and proposed settlement and release agreement.  The requirements for such a motion are voluminous, and the Court has attempted to locate the portions of the documents that satisfy each such requirement.  The Court was unable to locate information relating to a few of the required pieces of information, and asks Counsel to appear at the hearing ready to address the following:

·         When there are confidentiality provisions, the Court requires an explanation of why they are in the best interest of the Class and whether they will impede Class Counsel’s ability to discharge fiduciary duties.  The Court located a confidentiality provision at ¶14 of the settlement agreement, but cannot locate the required explanation.

·         The Court requires a discussion of the experience and qualifications of the proposed administrator.  The Court could not locate this discussion.

·         The Court requires notice to class members of the Court’s current social distancing procedures for attendance at hearings.  The Court did not find an indication that this would be in the notice.

·         The Court could not find anything in the papers indicating how the administrator will give notice to class members if the date, time, and/or location of a hearing is changed.

·         The Court could not find anything in the papers indicating how notice of the final judgment will be given to class members.

·         The Court did not find anything stating how long the settlement checks will remain valid.

·         The Court could not find proof that the proposed settlement was submitted to the LWDA.

If Counsel appears at the hearing and addresses each of the above, the motion will be granted.  If any of the above remain unaddressed, the Court will briefly continue the hearing to require the remaining information.

2.     Motion for Leave to File Amended Complaint

Plaintiff also seeks leave to file an amended complaint that adequately details the class claims.  The motion is unopposed and granted.

3.     Timeline

Plaintiff provided a proposed timeline at page 16 of the moving papers.  It appears, in reviewing the timeline, that a hearing on final approval should be set approximately six months in the future.  Counsel should be prepared to discuss the timing of the final approval hearing, which the Court will schedule at the conclusion of today’s hearing.

The Court asks Counsel to make arrangements to appear remotely at today’s hearing.