Judge: William D. Claster, Case: 20-01123094, Date: 2022-09-16 Tentative Ruling
Plaintiff Jashar
Bryant's Notice of Unopposed Motion for Preliminary Approval of Class
Settlement ROA 94
The Court has reviewed the
supplemental briefing filed in response to the minute order of April 22,
2022. The Court is inclined to GRANT the motion for preliminary approval of
class action settlement, provided the parties adequately address the
following item of concern at the hearing:
- In the previous minute order, the
Court pointed out that Defendants were allowed to void the settlement if
employees representing more than 10% of pay periods in the class period
opted out. The Court asked what the minimum number of opt-outs would be
to permit Defendants to void the settlement. In the supplemental
briefing (p. 3), Plaintiff represents that the parties have amended the
agreement to provide that instead of employees representing 10% of pay
periods, Defendant’s right to void the settlement is triggered simply by
10% of class members opting out. But the amended settlement agreement
provides: “If Class Members with Paychecks accounting for more than 10%
of the Class’s Paychecks submit valid requests to be excluded from the
Settlement, then Defendants shall have the unilateral right to void this
Settlement.” (Supp. Spivak Decl., Ex. 14, at § IV.F.) Aren’t class
members accounting for 10% of paychecks just another way of saying class
members representing 10% of pay periods? Please state the minimum
number of class members opting out who can trigger Defendant’s right to
void the settlement.
Assuming this is adequately
addressed at the hearing, the Court will grant the motion for preliminary
approval as to the current version of the settlement agreement and notice.
The motion for final approval shall be heard on March 24, 2023 at 9:00 a.m.
in Department CX104. Moving papers are due 16 court days before the hearing.
Please submit a revised
proposed order that conforms to the foregoing, includes the
date of the final approval hearing, and updates all dates that are calculated
in reference to the date preliminary approval is granted.
