Judge: Peter Wilson, Case: 2021-01195684, Date: 2022-09-15 Tentative Ruling
Having reviewed the papers, including all supplemental papers, filed in connection with the Motion for Preliminary Approval of $361,250.00 Class and PAGA Action Settlement, the Court continues to have concerns regarding the matters addressed below, and the motion is accordingly continued to November 3, 2022 at 2:00 p.m. Any supplemental papers are to be filed and served no later than October 14, 2022.
As to the Settlement
1. How did the parties decide that the claims by the Greenskeepers are worth 3 times more than the non-Greenskeepers? On what basis may the Court determine that this allocation is fair and reasonable to the non-Greenskeepers?
2. If the Settlement Administrator creates and maintains a website, key documents, including the operative complaint, the Settlement and amendments, the Class Notice and other forms, the Orders for Preliminary Approval and Final Approval, and Final Judgment, should be posted on the website.
3. Are there any related or overlapping actions?
As to the Class Notice
4. The revised Class Notice has not been revised to be consistent with the Amended Settlement and supplemental responses to the ROA 79, 7/21/22 Minute Order. For example, the revised Class Notice still states that the Individual Settlement Payment is based on a pro rata number of work weeks during the Class Period as a proportion of all weeks worked instead of pro rata based on the number of points allotted as a portion of all points allotted to all Class Members as set forth in the Amended Settlement. ROA 93, Ex. C, Redlined Class Notice, §IV, p. 4. Similarly, the revised Class Notice still includes the hold harmless provision (ROA 93, Ex. C, Redlined Class Notice, §IV, p 5) and references the Joint Stipulation. See ROA 93, Ex. C, Redlined Class Notice, §I, p. 2, line 2 and §VIII. These examples are not meant to be exhaustive and Plaintiff should thoroughly review, proofread and revise the Class Notice to ensure that it is consistent with the Amended Settlement and the supplemental responses to the 7/21/22 Minute Order.
5. The first paragraph after the header “PLEASE READ THIS NOTICE CAREFULLY. IT CONTAINS IMPORTAN INFORMATION ABOUT YOUR RIGHTS” should also indicate this is a PAGA action.
6. The explanation of the release in the Class Notice refers to the specific claims alleged in the operative complaint. However, the release in the Amended Settlement Agreement is broader because it includes all claims that could be asserted based on the facts alleged in the operative complaint.
7. The Class Notice deletes the provision in §IV.C explaining that the objection will govern if Class Member submits both an objection and request for exclusion but now the Class Notice fails to advise what will happen if an objection and opt out are submitted. The opt out should govern.
8. Neither the Class Notice, nor the Share Form explain the significance of the points or why the Greenskeepers are allocated more points than non-Greenskeepers. As the points affect the individual payments, an explanation must be provided.
9. The Class Notice does not provide the tax allocation for the PAGA payments. See ROA 93, Ex. C, Redlined
Class Notice, p. 4, §III.
10. The definition of “Released Parties” in the Amended Settlement is broader than the definition provided in the Class Notice. See ROA 93, Ex. B, Redlined Amended Settlement, ¶1.36 and Ex. C, Redlined Class Notice, §V, p. 6.
As to the Proposed Order
11. As with the Class Notice, Plaintiff should thoroughly review, proofread and revise the proposed Order to ensure that it is consistent with the Amended Settlement and the supplemental responses to the ROA 79, 7/21/2022 Minute Order.
12. The implementation schedule in paragraph 12 should be renumbered. The extended deadline to submit objections, opt outs or disputes for remailed notices should be included. The deadline to object in paragraph c of the implementation schedule refers to written objections only. Class Members may still object by appearing in person or through counsel at the Final Approval hearing. This should be clarified.
13. The proposed Order should include a definition for the Class and PAGA Settlement Class that is consistent with the Settlement.
14. In paragraph 10, line 10, "conditionally" should be inserted between "Court" and "appoints".
Plaintiff is ordered to give notice, including to the LWDA. Any supplemental brief and/or amendments made pursuant to this Order should also be filed with LWDA along with notice of the continued hearing date, with a proof of service submitted to the Court.