SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SACRAMENTO

Transcription

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SACRAMENTO RUBEN AMAYA; individually, an on behalf of other members of the general public similarly situated and on behalf of aggrieved employees pursuant to the Private Attomey General Act ("PAGA"), Plaintiff, CERTIFIED PAYMENT PROCESSING, L.P., an unknown entity; FIRST AMERICAN PAYMENT SYSTEMS, an unknown entity; and DOES 1-100, inclusive. Defendants. Case No.: CU-OE-GDS Honorable David I. Brown Depeirtment 53 AjMENDED [PftepeSI^] ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND PROVISIONAL CERTIFICATION Trial Date: No Date Set Complaint Filed: November 12, 2015 ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND PROVISIONAL CERTIFICATION

2 ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND PROVISIONAL CERTIFICATION Plaintiff RUBEN AMAYA ("Plaintiff or "Class Representative"), individually and on behalf of all others similarly situated, have filed an unopposed Motion For Preliminary Approval of Class Action Settlement ("Unopposed Motion for Preliminary Approval") and supporting papers requesting an order preliminarily approving the settlement of the above-entitled action ("Action") in accordance with the Joint Stipulation of Settlement and Release (the "Settlement"), entered into by Plaintiff and Defendants Certified Payment Processing, L.P. and First American 9 Payment Systems, L.P. ("Defendants"). (Plaintiff and Defendants shall sometimes be collectively referred to in this Order as the "Parties"). The Court having considered all papers filed and proceedings and otherwise being fully informed of the premises and good cause appearing orders that: 1. This Order Preliminarily Approving Settlement incorporates by reference the definitions in the Settlement and all terms defined in the Settlement shall have the same meaning in this Order. 2. The Settlement is PRELIMINARILY APPROVED as it appears to the Court on a preliminary basis that (a) the Settlement is fair, adequate and reasonable; (b) the settlement allocations are within the range of reasonableness. 3. The Court finds preliminarily, and for purposes of proceeding pursuant to Califomia Code of Civil Procedure 382 for approval of the Settlement only, that Settlement Class Members are ascertainable and sufficiently numerous that joinder of all Settlement Class Members is impracticable, there are questions of law and fact common to the Settlement Class that predominate over any questions affecting only individual Settlement Class Members, the Plaintiffs claims are typical of those in the Settlement Class, class certification is a superior method for implementing the Settlement and adjudicating this Action in a fair and efficient manner, the Class Representative can fairly and adequately protect the Settlement Class's interests, and Class Counsel are-qualified to serve as counsel for the Plaintiff in his individual and representative capacities and for the Settlement Class. Accordingly, solely for purposes of 2 Case No CU-OE-GDS ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND PROVISIONAL CERTIFICATION

3 effectuating this Settlement, this Court conditionally certifies the "Settlement Class" and preliminarily approves the definition of the terms "Settlement Class" and "Class Period." The "Settlement Class" shall consist of: All current and former Califomia-based (currently "residing" in Califomia with the intent to reside in Califomia indefinitely) exempt independent contractors with the job title "Sales Consultants" or those that performed similar duties employed by any of the Defendants at any time during the period from November 12, 2011 to Preliminary Approval. The "Class Period" shall be defined as the period from November 12, 2011 to Preliminary Approval. 4. The Court hereby preliminarily appoints as Class Counsel for settlement purposes only Douglas Han, Shunt Tatavos-Gharajeh, and Daniel Park of Justice Law Corporation, as Class Counsel. Class Counsel is authorized to act on behalf of the Settlement Class Members with respect to all acts or consents required by, or which may be given pursuant to, the Settlement, and such other acts reasonably necessary to consummate the Settlement. Any Settlement Class Member may enter an appearance through counsel of such individual's own choosing and at such individual's own expense. Any Settlement Class Member who does not enter an appearance or appear on his or her own will be represented by Class Counsel. 5. The Court hereby preliminarily appoints and designates Plaintiff for settlement purposes only, as the Class Representative of the Settlement Class. 6. Should, for whatever reason, the Settlement not become final, the fact that the Parties were willing to stipulate to certification of the Settlement Class as part of the Settlement shall have no bearing on, nor be admissible in connection with, the issue of whether a class should be certified in a non-settlement context. 7. The Courtfindson a preliminary basis that the Settlement appears to be within the range of reasonableness of a settlement that could ultimately be given final approval by this Court. 8. The Court hereby approves, as to form and content, the Notice of Pendency of Class Action, Proposed Settlement, and Hearing Date for Court Approval to be distributed to Settlement Class Members attached as Exhibit A to this Order. The Courtfindsthat distribution 3 Case No CU-OE-GDS ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND PROVISIONAL CERTIFICATION

4 of the Notice of Pendency of Class Action, Proposed Settlement, and Hearing Date for Court Approval, substantially in the manner and form set forth in the Settlement and this Order, meets the requirements of due process, is the best notice practicable under the circumstances, and shall constitute due and sufficient notice to all persons entitled thereto. 9. The Court hereby appoints CPT Group, as Settlement Administrator and hereby directs (a) Defendants to provide to the Settlement Administrator within twenty (20) calendar days after this Order has been entered the Class Data containing the information required in the Settlement and (b) the Settlement Administrator to mail or cause to be mailed to Settlement Class Members the Class Notice, by first class mail within twenty (20) calendar days of receipt of the Class Data and using the procedures set forth in the Settlement. 10. All costs of mailing ofthe Class Notice, whether foreseen or not, shall be paid from the Settlement Administration Costs, including the cost of searching for Settlement Class Members' addresses as provided in the Settlement. 11. A "Final Approval and Faimess Hearing" shall be held before this Court on November 9, 2017, at 2:00 pm in Department 53 of the Superior Court, County of Sacramento, located at 813 6"^ Street, Sacramento, Califomia to determine all necessary matters conceming the terms ofthe Settlement. Date Twenty (20) calendar days after Preliminary Approval Twenty (20) calendar days after receiving the Class Data from Defendant Forty-five (45) calendar days from the initial mailing of the Class Notice by the Settlement Administrator, unless the 45th day falls on a Sunday or U.S. postal holiday, in which case the deadline will be extended to the next day on which the U.S. Postal Service is open Ten (10) calendar days from the last day for Settlement Class Members to mail Request for Exclusion, Notices of Objection, or Notices of Dispute Event Last day for Defendants to provide Class Data to Settlement Administrator. Last day for the Settlement Administrator to mail Class Notices to all Settlement Class Members. Last day for Settlement Class Members to timely mail their Requests for Exclusion, Notices of Objection, or Notices of Dispute, except as otherwise provided in the Settlement conceming curing defective Request for Exclusion. Administrator to submit its declaration re administration process to Defendants and Class Counsel 4 Case No CU-OE-GDS ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND PROVISIONAL CERTIFICATION

5 Date Twenty (20) calendar days from expiration of the Objection/ Opt Out Period. Sixteen (16) court days before the Final Approval and Faimess Hearing Sixteen (16) court days before the Final Approval and Fairness Hearing November 9, 2017 at 2:00 p.m. in Department 53 Event Administrator to Calculate individual class member settlement amounts Last day for Plaintiff to file the Motion for Final Approval of Class Action Settlement and Motion for Attomeys' Fees, Costs, and Class Representative Enhancement Payment. Last day for Plaintiff to file any responses to objections and for the Settlement Administrator to submit its declaration re administration process. Hearing on Motion for Final Approval of Class Action Settlement and Motion for Attomeys' Fees, Costs, and Class Representative Enhancement Payment If any Settlement Class Member who does not opt-out of the Settlement and desires to dispute his or her appointments worked or the Individual Settlement Amount reported in the Class Notice, the Settlement Class Member shall have an opportunity to challenge the information by following the instructions that are set forth in the Class Notice and within the required time period described therein. In the event of a challenge, it shall be resolved pursuant to the procedures set out in the Class Notice. 13. Any Settlement Class Member may choose to opt-out of and be excluded from the Class by following the instructions for submitting a Request for Exclusion from the Settlement Class that are set forth in the Class Notice and within the required time period described therein. Any such person who chooses to opt-out of and be excluded from the Settlement Class will not be entitled to any recovery under the Settlement and will not be bound by the Settlement or have any right to object, appeal or comment thereon. Each Settlement Class Member who has not requested exclusion/opted-out shall be bound by all determinations of the Court, the Settlement and the Final Judgment. 14. Each Settlement Class Member who has not requested exclusion/opted-out may object to or submit comments by following the instructions for filing and serving a Notice of Objection that are set forth in the Class Notice and within the required time period described therein. The Court shall retain final authority with respect to the consideration and admissibility 5 Case No CU-OE-GDS ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND PROVISIONAL CERTIFICATION

6 of any objections The Settlement is not a concession or admission, and shall not be used against any of the Released Parties as an admission or indication with respect to any claim of any fault or omission by any of the Released Parties. 16. In the event the Settlement is not finally approved or is terminated, canceled or fails to become effective for any reason, the Parties will be retumed to their former positions, and specifically the provisional certification will be of no effect. 17. The Court reserves the right to adjoum or continue the date of the Final Approval and Faimess Hearing and all dates provided for in the Settlement without further notice to Settlement Class Members. 18. Pending further order of this Court, all proceedings in this matter except those contemplated herein and as part of the Settlement are stayed IT IS SO ORDERED this 2S^day of,)ut^^, STEMEfi H. RODDTT Judge of the Califomia Superior Court Case No CU-OE-GDS ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND PROVISIONAL CERTIFICATION

7 EXHIBIT A

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SACRAMENTO RUBEN AMAYA, individually, and on behalf of other members of the general public similarly situated, and on behalf of aggrieved employees pursuant to the Private Attomeys General Act ("PAGA"), Case No Plaintiffs, CERTIFIED PAYMENT PROCESSING, L.P. and unknown entity; FIRST AMERICAN PAYMENT SYSTEMS, L.P. an unknown entity; and DOES 1 to 100, Inclusive, Defendants. TO: ALL CURRENT AND FORMER SALES CONSULTANTS OF DEFENDANTS IN CALIFORNIA DURING THE PERIOD OF NOVEMBER 12, 2011 TO. THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY. THIS NOTICE RELATES TO A PROPOSED SETTLEMENT OF CLASS ACTION LITIGATION. IF YOU ARE A CLASS MEMBER, IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHT TO BE INCLUDED IN THE CLASS OR TO ELECT NOT TO BE INCLUDED IN THE CLASS AS FURTHER DESCRIBED BELOW. Do Nothing YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: Exclude Yourself Object Go to a Hearing You will receive a payment under the Settlement. Receive no payment under the Settlement and retain all rights you may have against Defendants Certified Payment Processing, L.P. and First American Payment Systems L.P. Write to the Court about why you don't like the settlement. Ask to speak in Court about the faimess of the settlement. Notice of Class Action Settlement

9 YOUR RIGHTS AND OPTIONS - AND THE DEADLINES TO EXERCISE THEM - ARE EXPLAINED IN THIS NOTICE. Notice is hereby given that a proposed settlement (the "Settlement") of the class action lawsuit entitled Amaya v. Certified Pavment Processing, L.P.. et al.. Sacramento Superior Court Case No , has been granted preliminary approval by the Superior Court of Califomia, County of Sacramento. The proposed Settlement will resolve all claims against Defendants Certified Payment Processing, L.P. and First American Payment Systems, L.P. (collectively referred to as "Defendants") in the above-captioned lawsuit and under applicable federal, state and/or local wage laws. A hearing addressing the faimess, adequacy, and reasonableness of the Settlement will be held on, to determine whether the Settlement shall become final and the lawsuit dismissed. Because your rights may be affected, it is important that you read this Notice carefully. This is not a lawsuit against you. You have not been sued. This Notice is provided to you by the Superior Court of Califomia, County of Sacramento and: (1) contains a brief description of this lawsuit and a summary of the Settlement'; (2) explains the purpose of this Notice; (3) discusses your options with respect to this lawsuit and Settlement and the procedure you must follow ifyou wish to dispute the amount of your settlement payment, exclude yourself from the Class and Settlement, or make an objection to the Settlement; (4) notifies you how to obtain additional information; and (5) sets forth the date by which any written dispute as to the number of appointments ran by you during the Class Period, request to be excluded from the Settlement, or objection to the Settlement and Notice of Intent to Appear at the Final Approval Hearing must be postmarked in order to be valid. A. DESCRIPTION OF THE CLASS The class is defined as "All current and former Califomia-based (currently "residing" in Califomia with the intent to reside in Califomia indefinitely) exempt independent contractors with thejob title "Sales Consultants" or those that performed similar duties employed by any of the Defendants at any time during the period from November 12, 2011 to Preliminary Approval." (the "Settlement Class"). Because you are a member of the Settlement Class, the information contained in this Notice may affect your legal rights. Receipt of this Notice means that you are entitled to share in the proceeds from the proposed Settlement. The proposed Settlement is not an admission of liability by Defendants; rather, it is a resolution of disputed claims. /// ' The actual and complete terms of the Settlement are set forth in the Joint Stipulation of Settlement and Release Between Plaintiff and Defendants ("Stipulation of Settlement") filed with the Court on. You can obtain a complete copy of the Stipulation of Settlement by calling Settlement Administrator, whose contact infomiation appears below. 2 Notice of Class Action Settlement

10 B. DESCRIPTION OF THE LAWSUIT On November 12, 2015, Ruben Amaya (referred to as either Plaintiff or the Named Plaintiff) filed a Complaint in the Superior Court of the State of Califomia for the County of Sacramento, Case Number , against Apex Merchant Group, LLC dba Express Processing (Apex) and First American Payment Systems, L.P. on behalf of himself and all others similarly situated. On November 9, 2016, the Named Plaintiff filed a First Amended Complaint naming Defendant Certified Payment Processing, L.P. and removing Apex. Plaintiffs claims include: (i) violation of Califomia Labor Code 510 and 1198 (Unpaid Overtime); (ii) violation of Califomia Labor Code and 512(a) (Unpaid Meal Period Premiums); (iii) violation of Califomia Labor Code (Unpaid Rest Period Premiums); (iv) violation of Califomia Labor Code 1194, 1197, and (Unpaid Minimum Wages); (v) violation of Califomia Labor Code 201 and 202 (Final Wages Not Timely Paid); (vi) violation of Califomia Labor Code 226(a) (Non-Compliant Wage Statements); (vii) violation of Califomia Labor Code 2802 (Failure to Reimburse Business Expenses); (viii) violation of Califomia Labor Code 2698 (PAGA of 2004); and (ix) violation of Califomia Business & Professions Code Defendants have vigorously denied and defended against Plaintiffs allegations, asserting that they have no liability for any of Plaintiff s claims under any statute, wage order, common law, or equitable theory. Since this action was filed, there has been ongoing investigation and information exchanged. Furthermore, the parties participated in settlement discussions, including mediation with a highly respected neutral mediator. As a result of the mediation, the parties reached this Settlement. The mediation included discussion and examination of the parties' respective positions on the legal and factual issues raised in this action. The Superior Court of Califomia, County of Sacramento, has not made a mling on the merits of Plaintiff s claims or Defendants' defenses. However, the Court has preliminarily approved the proposed Settlement. The Court will decide whether to give final approval to the Settlement at the Final Approval hearing scheduled for, 2017 at. /// /// /// Attomeys for the Settlement Class ("Class Counsel") in this lawsuit are: Douglas Han Shunt Tatavos-Gharajeh JUSTICE LAW CORPORATION 411 North Central Avenue, Suite 500 Glendale, CA (818) info@justicelawcorp.com 3 Notice of Class Action Settlement

11 Attomeys for Defendants Certified Payment Processing, L.P. and First American Payment Systems, L.P. ("Defense Counsel") in this lawsuit are: James M. Nelson Michelle L. DuCharme GREENBERG TRAURIG, LLP 1201 K Street, Suite 1100 Sacramento, CA (916) C. WHAT WILL YOU GET The records of the Defendants indicate that, between November 12, 2011 and, you ran the total number of appointments listed on the attached Exhibit A as a sales consultant for Defendants in Califomia: The Estimated Settlement Share shown is only an estimate, and is subject to change based on a number of factors, including disputes by Class Members regarding the number of appointments they ran, final expense numbers for Class Administrator expenses, [etc.jyour settlement payment will be based in part on this number of appointments that you ran between November 12, 2011 and. As an example, if you started work on November 14, 2011 and you ran 3 appointments before your relationship with Defendants ended on November 17, 2011, you would have 3 appointments that will be used to calculate your settlement share. If you did not mn any appointments, you will be deemed to have run 1 appointment. In addition, your settlement share will include a payment of $33.75 for settlement of minimum wage claims. If you dispute the accuracy of the appointments stated in this notice, you must submit a written dispute, along with a copy of any documentation you have to support your position (e.g. records of appointments you ran), to the Class Administrator at the following address either (1) by first class U.S. Mail postmarked no later than [45 days after date of mailing Notice]; or (2) if not by first class mail, by a means that ensures receipt no later than [45 days after date of mailing Notice]. Amava v. Certified Payment Processing, L.P., et al. ATTENTION: [Class Administrator] [Address] [Address] TELEPHONE: (888) XXX-XXXX Please also include your daytime telephone number, address, and any other information about how to contact you on your written dispute. Your dispute will be considered only if you provide written documentation as to your claimed appointments. Any dispute over the number of appointments that cannot be resolved by the parties shall be submitted to the Class Administrator for a final and binding determination. The Class Administrator will notify you of the results of your dispute as soon as practicable. /// 4 Notice of Class Action Settlement

12 D. YOUR OPTIONS If you are one of the persons falling within the description of the Settlement Class which is set out above, you have several options. Each option will have its consequences, which you should understand before making your decision. Your rights regarding each option, and the procedure you must follow to select each option, are explained in the next few pages. 1. You May Do Nothing. If you do nothing you will receive a settlement payment based on the number of appointments listed on Exhibit A. You will be bound by all the terms of the Settlement Agreement, including a release of claims meaning that you cannot separately sue Defendants, their employees, or any other related persons or entities for the matters being settled in this case. You will also be enjoined from filing or prosecuting any claims, suits, or administrative proceedings (including filing claims with the Califomia Division of Labor Standards Enforcement) regarding claims released by the Settlement. 2. You May Object To The Settlement. If you are a Settlement Class member who does not timely opt out ofthe Settlement Class (that is, you do not timely ask to be excluded from the Settlement Class), you may object to the Settlement either personally or through an attomey, by timely mailing your written objection to the Class Administrator and postmarked no later than [45 days after date of mailing Notice]. The Final Faimess and Approval Hearing ("Faimess Hearing") is presently set for [date] at [time]. If you timely submit a written objection, you may appear, personally or through an attomey, at your own expense, at the Faimess Hearing to present your objection directly to the Court. All objections must be signed and must contain the following information: Your name; Your address; Your telephone number; The name of the case (Amava v. Certified Pavment Processing. L.P., et al.); A clear and specific explanation of why you object to the Settlement; and Whether you (or someone on your behalf) intend to appear at the Faimess Hearing. If you object to the Settlement and if the Court approves the Settlement, you will be bound by the terms of the Settlement Agreement in the same way as a Settlement Class member who does not object. 3. You May Opt Out Of The Settlement Class (Ask To Be Excluded from The Settlement Class). If you do not want to remain a member of the Settlement Class, you may opt out of the class action Settlement. You may opt out of the Settlement by mailing a written request for exclusion from class, indicating that you wish to be excluded from the class action Settlement in 5 Notice of Class Action Settlement

13 this case, to the Class Administrator at the address for [insert name of administrator] listed in Section C above, postmarked no later than [45 days after date of mailing Notice]. If you timely opt out of the Settlement, you will no longer be a member of the Settlement Class and you will be barred from participating in this Settlement. You will not receive any settlement payment if you opt out of this Settlement. However, by timely opting out of the Settlement, you will retain whatever rights or claims you may have, if any, against Defendants, and you will be free to hire your own attomey to pursue those claims on an individual basis, or you may represent yourself, if you choose to do so. If a your opt out letter is defective as to the requirements listed herein, you will be given an opportunity to cure the defect(s). The Settlement Administrator will mail you a cure letter as soon as possible after receiving the defective submission (no more than ten (10) days after receipt) to advise you that your submission is defective and that the defect must be cured to render the opt out letter valid. You will have until the later of (i) Response Deadline or (ii) fifteen (15) calendar days from the date of the cure letter, whichever date is later, to postmark a revised opt out letter. If the revised opt out letter is not postmarked within that period, it shall be deemed untimely. E. SUMMARY OF TERMS OF SETTLEMENT AGREEMENT The principal terms of the Settlement Agreement are summarized in this Notice. If you would like a complete copy of the Settlement Agreement or if you have any questions about the Settlement Agreement, please contact Class Counsel at the address or telephone number provided in Section C above. 1. Settlement Payment. Defendants shall pay $850, ("Settlement Amount") to settle the case, which includes Plaintiffs requested attomeys' fees and costs, administrative costs, taxes and enhancements to the named Plaintiff ("Costs of Settlement"). The Settlement Amount includes the cost to administer the Settlement, but Defendants will be responsible for their own attorneys' fees. Payroll taxes and other deductions will be subtracted from your settlement payment. Awards to members of the Settlement Class will be based on a payment of $33.75 to each member for the minimum wage settlement plus a payment based on the total number of appointments ran during the Class Period, which is from November 12, 2011 to. Each member of the Settlement Class will be assigned a respective individual settlement payment as follows. The Class Administrator will take the Class Fund ($850,000 less the Costs of Settlement) to arrive at a Net Settlement Value. If the Court approves the Costs of Settlement as requested, the deductions from the $850,000 fund are as follows: Attorneys' Fees $340,000.00, litigation costs $15,000.00, Class Representative enhancement of $7,500.00, State of Califomia LWDA payment of $15,000.00, Payroll taxes of, and Settlement Administration Costs not to exceed $25, for total deductions of $402, This leaves a Net Settlement Value ("NSV") of approximately $447, Individual Settlement Amounts to be paid to Class Members shall be paid from the NSV. From the NSV, the Class Members' base Individual Settlement Amounts will be calculated as follows: (a) $44, has been allocated to the minimum wage claim resulting in a payment of $33.75 to each Class member, 6 Notice of Class Action Settlement

14 and (b) the remainder of the NSV (NSV less $44,651.25) has been allocated to the disputed Labor Code section 2802 claim, which will be calculated by subtracting the minimum wage settlement from the NSV and dividing the remaining amount by the total number of appointments run by all Class Members (with all Class Members being deemed to have mn at least one appointment). The quotient will be the "Standard Payment" per appointment ran. Then the Standard Payment will be multiplied by your "Appointments," which is the total number of appointments that you ran as a sales consultant for Defendants during the Class Period. If you did not mn any appointments during the Class Period, you will be deemed to have run one appointment. The sum of the minimum wage claim payment ($33.75) plus the product ofthe Standard Payment and Appointments will be your individual settlement payment. Plan of Distribution. Within twenty (20) days after the deadline for Settlement Class members to submit a dispute or objection, or request for exclusion, the Class Administrator will provide Defendants a spreadsheet reflecting each Settlement Class member's name, the number of appointments he or she worked during the Class Period, and the gross individual settlement payment owed to that individual. This spreadsheet should reflect the resolution of any disputes by a Settlement Class member regarding his or her number of appointments during the Class Period. Within fifteen (15) calendar days after the Effective Date of the Settlement (when all appeals are exhausted), the Class Administrator will cause the settlement payments to be mailed to all Settlement Class members who have not opted out of the Settlement. Class Member Tax Matters. IRS Forms 1099 and Forms W-2 will be issued to each Settlement Class member as applicable. Settlement Class members should consult with their tax advisors conceming the tax consequences of the payment they receive. Deductions for the Settlement Class member's share of employment taxes will be made only with respect to the amount constituting the wage portion of the settlement payment. Any taxes due on the individual settlement payments, regardless of whether reported on a Form W-2 or reported on a Form 1099, shall be the responsibility of the individual Settlement Class member. 2. Release. The Settlement Agreement provides that all of the claims in the lawsuit can never again be asserted by any Settlement Class member. The Settlement Agreement also provides that each Settlement Class member fully releases and discharges Defendants and related persons and entities from any claim, debt, wage, liability, demand, obligation, penalty, guarantee, cost, expense, attorneys' fee, damage, action, or cause of action for any wage and hour claims that were pled or could have been pled based on the facts alleged in the lawsuit, including but not limited to claims for failure to pay minimum wage or overtime, failure to pay wages due, failure to provide meal or rest periods, waiting time penalties, failure to provide accurate itemized wage statements, failure to reimburse business expenses, statutory penalties, civil penalties under the Labor Code Private Attorney General Act, interest, liquidated damages, restitution or other equitable relief, punitive damages, injunctive relief, theft of labor, an accounting, or attorneys' fees, in addition to all related claims for conversion and violation of Business & Professions Code section 17200, whether known or unknown. The release and related Orders of the Court will bar Settlement Class members from instituting or prosecuting any action asserting or 7 Notice of Class Action Settlement

15 relating to the released claims during the time period of November 12, 2011 through A Class Member's cashing ofthe settlement check will be considered a consent and opt-in to the settlement of all related federal wage hour claims under the Fair Labor Standards Act ("FLSA"), and each class member who cashes their settlement check will waive his or her rights to bring related claims under the FLSA for the Class Period. Class Members who do not cash their settlement check will retain their rights and claims under the FLSA. The settlement check that you receive will include FLSA release language on the back of the check. However, the Settlement will still discharge and extinguish the aforementioned claims under California law, including those for Class Members who do not cash their settlement check or who do not opt out of the Settlement. 3. Conditions Of Settlement. This Settlement is conditioned upon the Court entering an Order at or following the Faimess Hearing approving the Settlement as fair, reasonable, and adequate, and in the best interests of the Settlement Class. 4. No Admission of Liability. Defendants do not admit any wrongdoing or liability of any kind. The proposed Settlement is a compromise of disputed claims and does not mean that Defendants violated any legal wage requirements or are liable for any of the charges made by Plaintiff. F. ADDITIONAL INFORMATION This Notice only summarizes the lawsuit, the Settlement Agreement, and related matters. For more information, you can inspect the Courtfilesat 720 Ninth Street, Sacramento, CA 95814, from 8:30 a.m. to 4:30 p.m., Monday through Friday. Any questions regarding this Notice or lawsuit may be sent to at the address and telephone number listed in Section C above. Altematively, you may contact your own attomey, at your own expense, to advise you, or you may contact Class Counsel at the address and telephone number listed in Section B above. If your address changes, or is different from the address on the envelope enclosing this Notice, please promptly notify. Upon entry of Judgment you will receive Notice by going to the website at _ PLEASE DO NOT CALL OR WRITE THE COURT ABOUT THIS NOTICE. 8 Notice of Class Action Settlement

16 EXHIBIT A

17 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SACRAMENTO RUBEN AMAYA, individually, and on behalf of other members of the general public similarly situated, and on behalf of aggrieved employees pursuant to the Private Attomeys General Act ("PAGA"), Case No Plaintiffs, CERTIFIED PAYMENT PROCESSING, L.P., and unknown entity; FIRST AMERICAN PAYMENT SYSTEMS, L.P. an unknown entity; and DOES 1 to 100, Inclusive, Defendants. EXHIBIT A - CLASS NOTICE Settlement Class IVIember Name: Number of Appointments Ran Between November 12, 2011 and [Preliminary Approval Date]: Estimated Settlement Sliare: $

18 AMAYA, et al. v. APEX MERCHANT GROUP, LLC, et al Sacramento Superior Court Case No DECLARATION OF SERVICE I am a citizen of the United States, over the age of 18 years, and not a party to or interested in this action. I am employed in the County of Sacramento, State of Califomia and my business address is Greenberg Traurig, LLP, 1201 K Street, Suite 1100, Sacramento, CA On this day I caused to be served the following document(s): ^ ^ AMENDED [PROPOSED] ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND PROVISIONAL CERTIFICATION by placing O the original ^ a true copy into sealed envelopes addressed and served as follows: Douglas Han Shunt Tatavos-Gharajeh JUSTICE LAW CORPORATION 411 North Central Avenue, Suite 500 Glendale, CA dhan@justicelawcorp.com statavos@justicelawcorp.com dpark@justicelawcorp.com Attomeys for RUBEN AMAYA, on behalf of himself and others simileirly situated BY MAIL: I am familiar with this firm's practice whereby the mail, after being placed in a designated area, is given fially prepaid postage and is then deposited with the U.S. Postal Service at Sacramento, Califomia, after the close of the day's business. BY PERSONAL SERVICE: I caused such envelope to be delivered by hand. BY OVERNIGHT COURIER: I caused such envelope to be placed for collection and delivery in accordance with standard ovemight delivery procedures for delivery the next business day. BY ELECTRONIC SERVICE: I caused such document to be delivered by electronic means to the address listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 12, 2017 at Sacramento, Califomia. Alice Baber 1 Case No PROOF OF SERVICE