Judge: Randall J. Sherman, Case: 2021-01191653, Date: 2023-08-04 Tentative Ruling

The tentative ruling is to continue the hearing on plaintiff’s Motion for Approval of Private Attorneys General Act Representative Action Settlement to November 3, 2023 at 10:00 a.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.  Counsel should submit an amendment to the settlement agreement rather than any amended settlement agreement.  Counsel also should provide a red-lined version of any revised papers, including the proposed letter to the aggrieved employees.  Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the proposed letter to the aggrieved employees, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved.

Plaintiff has not provided the court with the estimated average, high and low payments to aggrieved employees under the proposed settlement.  These estimates are needed to assist the court in properly determining the fairness of the proposed settlement.

Plaintiff has submitted attorney bills that include entries for attorneys or paralegals with the initials RC, FB, JW and CH, but there is no description of who these attorneys or paralegals are, or their level of experience.  Plaintiff is required to provide sufficient information to support the court’s lodestar cross-check of the fee request.

An invoice from the Administrator is required to support the $5,000.00 Administrator fee request.  Only a not-to-exceed fee estimate has been provided.

The proposed letter to the aggrieved employees must explain that no claims for unpaid or underpaid wages have settled, and that this settlement is without prejudice to the pursuit of any such claims.

Counsel should propose a realistic Final Report Hearing date, taking into account the time deadlines associated with funding the settlement, mailing distributions, allowing the check-cashing deadline to pass, and depositing uncashed check funds pursuant to the terms of the settlement agreement.  The court usually sets these hearings nine months after settlement approval if the check cashing deadline is 180 days.  The parties must report to the court the total amount that was actually paid to the aggrieved employees.  All supporting papers must be filed at least 16 days before the Final Report Hearing date.

The court vacates the OSC re Monetary Sanctions.

Plaintiff is ordered to give notice to defense counsel unless notice is waived.