Judge: Peter Wilson, Case: 2019-01063918, Date: 2022-08-11 Tentative Ruling

The hearing on the Motion for Preliminary Approval of $140,000 Class Action Settlement is CONTINUED to September 29, 2022. A supplemental briefing shall be filed at least 9 days before the continued hearing and respond where necessary to the points raised below. Redlined versions of the revised proposed Class Notice and proposed order are to be provided. If required, an amendment to the settlement agreement is directed, rather than an “amended settlement agreement”, to avoid use of limited Court time and resources.

1.    Although the parties included in the Amendment to the Settlement that neither Class counsel nor defense counsel have any interest in the cy pres recipient (ROA 118, Ex. 1, ¶10), the parties have not addressed whether they have any interest in the cy pres recipient, Legal Aid at Work, nor have the parties provided information explaining why Legal Aid at Work is an appropriate cy pres recipient.

2.    The Amendment provides that Class Counsel will file the Notices of Disputes prior to the Final Approval hearing “[i]f requested by the Court”. ROA 118, Ex. 1, ¶7. However, the Court has already instructed the parties that they must file all exclusions, objections and disputes with the Motion for Final Approval.

3.    Plaintiff’s counsel states that there are two other representative or collective action claims but that they will not affect or be affected by this settlement. ROA 118, Supp. Hawkins Decl., ¶13. What is the basis for this conclusion?

4.    The Amendment requires the Settlement Administrator to maintain a website with these documents. ROA 118, Ex. 1, ¶ 6. However, the quote from the Settlement Administrator does not include the maintenance of a website. ROA 118, Ex. B.

5.    The Settlement Formula in the Class Notice does not include the amount of the Settlement Administrator's fees. ROA 120, Redline Class Notice, §§III.A and F.

6.    The explanation of the Individual Settlement Share in the Class Notice is confusing. It is unclear how the Individual Settlement Share is based on workweeks and Claim Events. ROA 120, Redline Class Notice, §§III.B and IV.A.

7.    The Class Notice does not advise Class Members that the Settlement Administrator's decision on disputes is subject to Court review. ROA 120, Redline Class Notice, §IV.A.

8.    The Class Notice states that the deadline for disputes will be extended 15 days for remailed notice packets. But based on the amended definition of Response Deadline, the deadline for submitting disputes, objections or exclusions is 45 days from the date of initial mailing, or for re-mailed notice packets, the later of 15 days from the date of the re-mailed notice or 45 days from the date of initial mailing. ROA 120, Redline Class Notice, §IV.A.

9.    In the Class Notice at §IV.B, the third paragraph, second sentence appears unnecessary since the first sentence extends the deadline to the next day the U.S. Postal Service is open.

10. Section VI of the Class Notice should be revised to refer to the Amendment and the other key documents that will be maintained on the Settlement Administrator's website.

11. The Class Notice has been revised to reflect ¼ wages and ¾ to penalties and interest. ROA 120, Redline Class Notice, §III.B. The Class Notice should separately provide the tax allocation between penalties and interest consistent with the Amendment.

12. The proposed Order does not include the deadline for submitting disputes in the implementation schedule.

Plaintiff is ordered to give notice.