I li ld l'hd II e AI d ggwgmbwnhobenqmfiwn O NNNMNNJ oeosnmnwn ='. 1 Chantelle ~ neeeaven H JAN 0 5%018 CLERK OF THE SUP 10H COURT F E E EB - Edwin Aiwazian SBN 232943 Arby Aiwazian (S(BN 269827) ) SAM/NEW UN" SAN MATEO COUNTY Joanna Ghosh (SBN 272479) LAWYERSforJUSTICE, PC JAN - 9 2018.-.. 410 West Arden Avenue, Suite 203 Glendale, California 91203 Clerk 0 Telephone: (818) 265-1020 / Facsimile: (818) 265-102 1 By Super Court Attorneys for Plaintiffs and the Class. DEF CLERK.. \l 51131111 Kristina M. Launey (SEN 221335) SEYFARTH SHAW LLP 400 Capitol Mall, Suite 2350 Sacramento, California 95814 Telephone: (916) 448-0159 / Facsimile: (916) 558-4839 Justin T. Curley (SBN 233287) Eric M. Lloyd (SBN 254390) c. Egan (SBN 257938) 4 [SEYFARTH SHAW LLP 112.41 1 560 Mission Street, Suite 3100 @9531460 SanFrancisco, Califorhia ' 94105 Telephone: (415) 397-2823 I Facsimile: (415) 397-8549 914095 Stipulation & Order A {tafheys for Defendant L Ill llllllllllllllllll SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO DANIEL POTTER, individually, and on behalf of Case No. CIV531460 other members of the general public similarly : situated and on behalf of other aggrieved Honorable Marie S. Weiner ; employees pursuant to the California Private Department 2 Attorneys Act; DESTINY AMICK, individually, and on behalf of other 'members of the general JOINT STIPULATION [W] T0 CLARIF Y public similarly situated and on behalf of other FINAL APPROVAL ORDER AND 1 aggrieved employees pursuant to the California JUDGMENT; ORDER,Private Attorneys General Act; KELLY THEREON PARKER, individually, and on behalf of others _ similarly situated; SHERRY FREEMAN, Complaint Filed: November 24, 2014 individually, and on behalf of other members of SAC Filed: November 10, 2016 the general public similarly situated; Trial Date: None Set Plaintifis, VS. FLYERS ENERGY, LLC, a California limited liability company; and DOES 1 through 100, inclusive, Defendants. JOINT STIPULATION TO CLARIFY FINAL APPROVAL ORDER AND JUDGMENT; [PROPOSED] ORDER THEREON
\DOOQOm-hm Plaintiffs Daniel Potter, Destiny Amick, Kelly Parker, and Sherry Freeman ( Plaintiffs ), 9 individually, and on behalf of other members of the general public similarly situated and on behalf of other aggrieved employees pursuant to the California Private Attorneys General Act, and Defendant Flyers Energy, LLC ( Defendant ) (collectively, the Parties ), by and through their respective counsel of record, hereby stipulate as follows: WHEREAS, on November 24, 2014, the above-captioned putative class action lawsuit was filed against Defendant in the Superior Court of the State of California, County of San h/iateo, Case No. CIV531460; WHEREAS, on, July 27, 2017, Plaintiffs filed a Motion for Preliminary Approval of Class I 1o 11 12 13 14 '15 16 17 18' 19 20 21 22 23 24 25 26 27 28 Action Settlement, and on August 18, 2017, the Court entered an Order Granting Preliminary Approval of Class Action Settlement ( Preliminary Approval Order ), which conditionally certified the following Class for settlement purposes only: All current and former hourly paid or non-exempt individuals employed by Defendant within the State of California at any time during the period from November 24, 2010 ' through August 18, 2017; WHEREAS, the Court s Preliminary Approval Order preliminarily approved the Settlement Agreement of Claims, (together with the Amendment No. l to Settlement Agreement and Réleéée'of Claims, Settlement, Agreement, or Settlement Agreement ), appointed Plaintiffs Daniel Potter. Destiny Amick, Kelly Parker, and Sherry Freeman as Class Representatives, appointed Lawyers for Justice, PC as counsel for the Class ( Class Counsel ), approved Kurtzman Carson Consultants LLC ( KCC ) as the class action settlement administrator ( Settlement Administrator ), and approved the notice and settlement procedures set forth in the Parties Settlement Agreement; WHEREAS, on November 29, 2017, Plaintiffs filed a,motion for Final Approval of Class Action Settlement, Attomeys Fees, Costs, and Enhancement Payments ( Motion for Final Approval ); III III III //I JOINT STIPULATION TO CLARIFY FINAL APPROVAL ORDER AND JUDGMENT: [PROPOSED] ORDER THEREON 1'
I ll AI dd fii id li l NNNNN \OOOQQUI-hWNr d WHEREAS, on December 15, 2017, this matter came on for hearing before the Honorable Marie S. Weiner in Department 2 of the Southern Branch, 400 County Center, Redwood Center, California 94063, on Plaintiffs Motion for Final Approval, and Class Counsel presented argument that an award of attorneys fees in the amount of $840,000.00 to Lawyers for Justice, PC, representing thirty-five percent (35%) of the Cross Fund Value, is reasonable and justified on a percentage-basis and based on a lodestar cross-check; WHEREAS, on December 15, 2017, the Court entered a Final Approval Order and Judgment, finally approving the Settlement and directing that the Settlement be aflected in accordance with the Settlement Agreement and terms and conditions in the Final Approval Order and Judgment; and WHEREAS, although during the hearing of December 15, 2017, the Court advised that attorneys fees in the amount of $720,000 would be appropriate, Paragraph 13 of the Final Approval Order and Judgment entered by the Court states: u unuuswm, ~q"ww 0. um mum Agreement. hgqo 0.0! 7 13. TheCeurtfinds-tlmttbenequest ftr attorneys feesinthe amountofm 8 falls within the range pf reasonableness, and the results achieved justify the Wrought. The \ 9 requested award 6f attdrneys' fees isfair, reasonable, and appropriate and is hereby approved. It 10 is hereby ordered that the Settlement Administrator issue payment in the-amount of $840,000 to 11 Lawyers f or Justice, PC for attorneys fees. WHEREAS, due to the reference to both the amounts of $720,000 and $840,000 in the Final Approval Order and Judgment, in connection with the attorneys fees request and award, parties seek further clarification as to the amount of attorneys fees awarded and to be paid to Class Counsel; THEREFORE, THE PARTIES HEREBY STIPULATE AND SEEK an order by the I Court that clarifies the Final Approval Order and Judgment as to the amount awarded for attorneys fees that shall be paid to Lawyers for Justice, PC. //l //l IT IS SO STIPULATED. 2 JOINT STIPULATION T0 CLARIFY FINAL APPROVAL ORDER AND JUDGMENT: [PROPOSED] ORDER THEREON
so, MNNNMNNNNHHH{ ~HH~WLH ( 1 10.00%),0 xlvthww mummoww~o~ooaxia~ugsguweo Date: Date: January 1, 2018 LAWYERS for JUSTICE, PC Attorneys jbr Plaintiffs and the Class January 1, 2018 SEYFATTTH SHAW LLP A: I I t By: A 0,..neys for Defendant [PROPOSED] ORDER The Court, having reviewed therparties" Joint Stipulation, orders as follows: 1. The Parties stipulation is approved. 2. Paragraph 13'of the Final Approval Order and Judgment is corrected to state as (follows: [ ] TheCourt finds that the reqt%for atto eys fees in the amount of $840,000.00 falls within the range of reas \ ab_ ess, and theresults achieved justify the award soughtf The requestedra d of attorneys fees is fair, reasonable, and appropriate, and IS hereby ap, ov It is hereby ordered that the Settlement Administrator issue payme in th amount of $840, 000. 00 to Lawyers for Justice, PC for attorneys,ees. '- 0r- [ The Court finds that the request for attorneys fees in the amount of $720 000. 00, falls within the range bf reasonableness, and the results achieved justify the! award sought. The requested award of attorneys fees' is fair, reasonable, and appropriate, and' is hereby approved. It ts hereby ordered that the Settlement Administrator issue payment in the amount of $720,000 00 to Lawyers for JustiCe, PC for attorneys fees IT IS so ORDERED; Dated: i ll 2/ I g - fl HONORABIZE MAGUB 8.,WEINER Judge of the superior Court 3 JOINT STIPULATION T0 CLARIFY'FINAL APPROVAL ORDER AND JUDGMENT: [PROPOSED] ORDER THEREON
LAWYERS California Glendale, \Omummkw PROOF OF SERVICE IQ STATE OF CALIF ORNLA, COUNTY OF LOS ANGELES I am employed in the County of L03 Angeles, State of California. I am over the age of 18 and not a party to the'within action. My business address is 410. West Arden Avenue, Suite 203.: Glendale, California 91203. On January 5, 2018, I served the following document described as: JOINT STIPULATION TO CLARIFY FINAL Al PROVAL ORDER AND JUDGMENT; [PROPOSED] ORDER THEREON on interested parties, in this action as follows: PC 203 Suite JUSTICE, 9l203 J estin T. Curley 1curle.y@sevfarth.co1n Eric M. Lloyd elloydébseyfartheom Chanetelle C. Egan eeoanfizsevfartheom SEYFARTH SHAW LLP 560 Mission Street: 31 Floor San Francisco, California 94105 Avenue, for Arden West 410 Kristina M. Launey klauneyflaseytaith.eom SEYFARTH SHAW LLP 400 Capitol Mall. Suite 2350 Sacramento, Cal ifomia 95814 4428 Attorney for. Defendant F lyers Energy: LLC [X] BYU. S. MAIL As follows I am readily familiar. w1th the firm 3 practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U. 8. Postal Service on that day with postage therebn fully prepaid at Los Angeles California 1n the ordinary course of business. I am aware that on motion oi the party served service is presumed iniralid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing an affidavit. ' l Pnoor OF SERVICE
California Glendale. 00 _ DJ & U] Ox \] HonorableMarie S. Weiner (Courtesy Copy) complex civiltfttsamnateocourtorg, Superior Court of California County of San Mateo Complex Civil Litigation 400 County Center Drive, Courtroom 2E Redwood City, California 94063 [X] BY E-MAIL The above-referenced document was transmitted to the pcrson(s) at the e-mail addresses listed herein at their mostrecent known e-mail address or e mail of record in this action. I did not receive, within reasonable time after the. transmission, any electronic message or other indication that the transmission Was unsuccessful, \D State of California, Labor & Workforce Development Agency Web URL:. _ http://www.dir.cago'v/private-attorheys-general-act/private Attorneys-General-Acthtml PC 203 Suite JUSTICE, Avenue, for 91203 [X] BY ONLINE SUBMISSION The foregoing documents were transmitted to the California Labor and Workforce Development Agency through the system established for the online submission of notices, and documents5 in conformity with California Labor Code-.section 2699(1). I did not receive, within a- reasbnable time after the transmission, any electronic message or other indication that the transmission. was unsuccessful. Arden LAWYERS West 430 [X] STATE I declare under penalty of perjury under the laws o'tthe State of California that the above is trueiand correct.. Executed on January 5,) 2018 at Glenda ( l W ' 'fomia. ) PROOF OF SERVICE