I 1 1 1 David Spivak (SBN ) david@spivaklaw.com THE SPIVAK LAW FIRM Wilshire Blvd., Ste 0 Beverly Hills, CA 0 Telephone: () 0 Facsimile: () - "Uge SHERRI R BY wij ~1 ~ Attorneys for Plaintiffs, CRYSTAL BROCK and RONALD MONROE fcalifornia ounty of Los Angeles EB 0 RECEIVED VE OFFICERICOOntral Civil-West _1 Itleputy EN-CN0 SEL BARRIO JAN 0 Daie Prodessod - By: %I, Y-.sT SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT CRYSTAL BROCK, on behalf of herself, and all others similarly situated, and as an "aggrieved employee". on behalf of other "aggrieved employees" under the Labor Code Private. Attorneys General Act of 0, Plaintiff(s), Case No.: BC1 Consolidated with Case No. BC [Assigned For All Purposes To Hon. Ann I. Jones, Dept. 0] gwa)f0w FINAL APPROVAL ORDER AND JUDGMENT 1 1 vs. LIVING SPACES FURNITURE, LLC, a Delaware limited liability company; and DOES I through 0, inclusive, Hearing Date: Hearing Time: Hearing Dept.: January, 11:00 a.m. 0, Honorable Ann I. Jones Defendant(s). RONALD MONROE, on behalf of himself and all others similarly situated, and as an "aggrieved employee" on behalf of other "aggrieved employees" under the Libor Code Private Attorneys General Act of 0, Plaintiff vs. LIVING SPACES FURNITURE, LLC, a Delaware limited liability company; and DOES I through 0, inclusive, -qqw Defendants.,:,.SPIVAK LAW Employee Rights Attomeys ~ Wilshie 1. Ste 0 Be~erly Hills CA 0 () -0 Tel LDmpo iltd) Final Approval Order and Judgment
I I 0 I 1 1 1 1 1 - TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL: The Motion for Final Approval of Class Action Settlement came before this Court, the Honorable Ann I. Jones pre siding, on January,. The Court having considered the papers submitted in support of the Motion, HEREBY ORDERS THE FOLLOWING: 1. All terms used in this Order and Judgment shall have the same meaning as defined in the Stipulation of Class Action Settlement (the "Settlement Agreement").. Consistent with the definition provided in the Settlement Agreement, the term "Class Members" shall mean all persons who have been employed by Defendant as Front-ofthe-House Employees during the Class Period. It shall be an opt-out class. The term "Class Members" is used interchangeably with the term "Settlement Class" herein. I This Court has jurisdiction over the subject matter of this Action and over all Parties to this Action, including all Class Members.. The Court finds that the Settlement Class is properly certified as a class for settlement purposes only.. The Notice of Settlement provided to the Settlement Class conforms with the requirements of California Code of Civil Procedure section, California Civil Code section 1, California Rules of Court. and., the California and United States Constitutions, and any other applicable law, and constitutes the best notice practicable under the circumstances, by providing individual notice, to all Class Members who could be identified through reasonable effort, and by providing due and adequate notice of the proceedings -and of the matters set forth therein to the other Class Members. The Notice of Settlement fully satisfies the requirements of due process.. The Court finds that the Settlement Agreement was entered into in good faith, that the Settlement is fair, reasonable and adequate, and that the Settlement Agreement satisfies the standards and applicable requirements for final approval of this class action settlement under California law, including the provisions of California Code of Civil Procedure section and California Rules of Court, Rule... No Class Members have objected to the terms of the Settlement.. Two Class Members have requested exclusion from the Settlement Class. The Class Members who have requested exclusion from the Settlement Class are (1) Anne Card and SPIVAK LAW Employee Rights Attorneys Wilshire 11. Ste 0 Be~erly Hills CA 0 () -0 Tel ( 0) Fax SpivakLaw.com Final Approval Order and Judgment pwrsal `
I 1 1 1 1 is -W SPIVAK LAW Employee Rights Attomeys Wilshire Bl. Ste 0 Be~erly Hills CA 0 () -0 Tel ( 0) "- Fax Spivakl.awcom () Erin Klein. These Class Members have thus been excluded, are not entitled to an Individual Settlement Payment, and are not bound by the Judgment in the Action.. Upon entry of this Order and Judgment, compensation to the participating members of the Settlement Class shall be effected pursuant to the terms of the Settlement Agreement... In addition to any recovery that the Plaintiffs may receive under the Settlement as a Class Member, and in recognition of each Plaintiffs efforts on behalf of the Settlement Class, the Court hereby approves the payment of a Class Representative Enhancement award to each Plaintiff, in the amount of $,000.. The Court approves the payment of attorneys' fees to Class Counsel in the sum of $00,000 and the reimbursement of litigation expenses in the sum of $,.0.. The Court approves and orders payment in the amount of $,00 to CPT Group, Inc. for performance of its settlement administration services. 11. The Court approves and orders payment in the amount of $,0 to the State of California Labor and Workforce Development Age ncy in compromise of claims under the Labor Code Private Attorneys General Act of 0 (California Labor Code section et seq.). 1. The Parties are ordered to give notice to all Class Members in accordance with California Rule of Court.1(b). This Order and Judgment is posted at www.cptgroup.com/livingspaces. 1. Upon the entry of this Order and Judgment, and except as to such rights or claims as may be created by the Settlement Agreement, each and every Participating Class Member, on behalf of themselves and their heirs and assigns, hereby releases Defendant, including its current or former parent subsidiary, or affiliate entities, and each of their owners, officers, directors, members, managers, employees, attorneys, insurers, assigns, shareholders, successors, predecessors, and agents (collectively the "Released Parties") from the following rights or claims (the"released Claims"): a. Any and- all claims, damages, or causes of action asserted in the Complaints filed in this Action or that could have been asserted by Plaintiffs and/or any Class Member in such Complaints based on any of the factual allegations contained in such complaints, including, but not limited to, claims tinder state, federal (FLSA), or local law, >~Final Approval Order and Judgment
1-1 I 1 1 1 1 1 1 :,:~SPIVAK LAW Employee Rights Attomeys Wilshire 1. Ste 0 Beverly Hills CA 0 () -0 Tel () - Fax Spivakamoom including, but not limited to, claims pursuant to the California Labor Code or the California Business & Professions Code; b. Any and all direct claims for violations of. the Labor Code sections alleged as predicate violations to Plaintiffs' unfair competition claims that any Class Member could have asserted, including, but not limited to, claims for wages, expense reimbursements, meal and rest break premiums, overtime wages (including the calculation thereof), straight time wages, wage statement penalties, waiting time penalties, minimum wage, and claims pursuant to PAGA; c. Any and all claims for wages or compensation due for services based on any of the factual allegations in any of the Complaints; and d. Any and all claims that are based on any 'of the factual allegations in any of the Complaints, including the purported payment or nonpayment of compensation (including but not limited to wages, minimum wage, straight time, overtime (including the calculation thereof), bonuses, incentive compensation, accrued vacation and/or premium pay), meal or rest period violations, reimbursement of expenses, improper wage statements or unfair business practices. e. The Released Claims shall include all the above claims from the period January, to March 1, 1. 1. Upon the Effective Date, all Class Members, except the excluded individuals, shall be and are hereby permanently barred and enjoined from the institution or prosecution of any and all of the claims released under the terms of the Settlement. 1. Upon completion of administration of the Settlement~ and no later than October,-, the Parties shall file a declaration stating that the Gross Settlement Amount has been paid and that the terms of the Settlement have been completed.. This Order and Judgment are intended to be a final disposition of the Action in its entirety, and is intended to be immediately appealable. JUDGMENT In accordance with, and for the reasons stated in this Order and Judgment, judgment is hereby entered whereby the Plaintiffs and all Settlement Class Members shall take nothing from Defendant, except as expressly set forth in the Settlement Agreement, which was previously filed as part of Plaintiffs' Motion for Preliminary Approval of the Class Action Brock v. Living Spaces Furniture LLC et al.;ept's'ed) Final Approval Order and Judgment
Settlement. Pursuant to California Code of Civil Procedure Section. and Rule.(h) of the California Rules of Court, this Court reserves exclusive and continuing jurisdiction over this action, the Plaintiffs, Class Members, and Defendant for the purposes of. (a) supervising the implementation, enforcement, construction, and interpretation of the Settlement Agreement, the Preliminary Approval Order, the plan of allocation, the Final Approval Order, and the Judgment; and (b) supervising distribution of amounts paid under this Settlement. 11 1 IT IS SO ORDERED. Date: / /? J- Honorable Ann I. Jone Judge of the Los Angel's Superior Court 1 1 1 1 ( SPIVAK LAW Employee Righft Attomeys Wilshire 11. Ste 0 Be~erly Hills CA 0 () -0 Tel () - Fax Spivakiaw.com PWollIFFinal Approval Order and Judgment
PROOF OF SERVICE State of-california, County of Los Angeles 1. 1 am a citizen of the United States and am employed in the County of Los Angeles, State of California. I am over the age of 1 years, and not a party to the within action. My business address is Wilshire Blvd.., Suite -0, Beverly Hills, California 0.. 1 am familiar with the practice of The Spivak Law Firm, for collection and processing of correspondence for mailing with the United States Postal Service. It is the practice that correspondence is deposited with the United States Postal Service the same day it is submitted for mailing. On Thursday, January,, 1 caused to have electronically served the following document described as [PROPOSED) FINAL APPROVAL ORDER AND JUDGMENT with the third-party cloud service listed below. In doing so, notifications of such filings were electronically mailed to the interested parties which appear on the third-party cloud service's service list in this action as follows: Attorneys for Defendant living Spaces Furniture, LIC Michael S. Chamberlin, Esq. Jason S. Campbell, Esq. Winston & Strawn, LLP South Grand Avenue th Floor, Los Angeles, CA 001 mchamberlin@winston.com jacampbell@winston.com XXXX (BY ELECTRONIC SERVICE) Based on a court order or an agreement of the parties to accept electronic service, I caused the documents to be sent to the persons at the electronic service addresses listed above via third-party cloud service CASE ANYWHERE. EXECUTED on Thursday, January,, at Beverly Hills, California. XXXX (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. BRECK OYAMA