Judge: William D. Claster, Case: 22-01248489, Date: 2023-08-18 Tentative Ruling

Plaintiff Amber Niece's Notice of Motion and Motion for Preliminary Approval of Class Action Settlement   ROA 182

Plaintiff’s motion for preliminary approval of class action settlement is CONTINUED to October 13, 2023 at 9:00 a.m. in Department CX104 to permit the parties to respond to the following items of concern.  Any supplemental briefing shall be filed on or before October 3, 2023.  If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well. 

As to the Settlement:

1. Are there any other actions that could be affected by this settlement?

2.            How large a sample of time and pay data did Defendant provide (e.g., 10%)? What steps did the parties take to ensure it was representative of the class?

3.            Because part of individual settlement payments is considered wages owed, please provide that uncashed checks will be redirected to the Controller’s Unclaimed Property Fund in the name of the class member rather than redistributed and eventually sent to a cy pres.

4. How did counsel calculate the value of the reimbursement claim? The Court understands interviews bore out the allegation that class members worked from home without reimbursement for internet or phone use, but how did counsel determine the amounts that went unreimbursed?

5.            Does the UCL claim have any independent value, or does it simply extend the statute of limitations?

6.            Please limit the class release to claims arising during the class period, rather than extending it to the Effective Date (as defined). In the event someone appeals final judgment, the Effective Date could be years from now, while settlement payments are based on weeks worked during the class period.

7.            Please provide an estimate of litigation costs incurred, or alternatively please provide for a not-to-exceed amount in the settlement agreement.

8.            Please provide a bid or estimate from the settlement administrator.

9.            At final approval, please submit contemporaneously made billing records for attorney’s fees and costs.  The Court will not be inclined to award an amount of fees and costs greater than the amount stated in the notice.

10.         At final approval, please submit billing records for administrative costs.  The Court will not be inclined to award administrative costs in an amount greater than the amount stated in the notice.

11.         Because Plaintiff has provided a declaration regarding her requested enhancement, no declaration is required at final approval.

12.         At final approval, the administrator is to provide a high, low, and average for individual settlement payments, along with Plaintiff’s individual payout.

As to the Notice:

1.            Please state estimates for litigation costs and administrative costs in the notice.

2.            The notice says both the Schneider firm and the SW firm will be class counsel, but the notice of motion and the settlement agreement mention only the Schneider firm or specific attorneys at the Schneider firm.

3.            If any changes are made to the settlement agreement, please make corresponding changes to the notice.

4.            The font size in the actual notice may not be smaller than the font size in the proposed notice provided to the Court.