Case :-cv-000-ghk-jc Document - Filed /0/ Page of Page ID #: ORIGINAL UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA JORGE A. MEJIA, an individual, appearing on behalf of himself and all others similarly situated, Plaintiff, vs. DHL EXPRESS (USA, INC., an Ohio corporation; and DOES -, Defendants. Case No. :-cv-000-ghk-jc [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT Date: February, Time: :0 a.m. Ctrm: Hon. George H. King AND JUDGMENT -
Case :-cv-000-ghk-jc Document - Filed /0/ Page of Page ID #: FINAL APPROVAL ORDER AND JUDGMENT Pursuant to Rules (e and of the Federal Rules of Civil Procedure, Plaintiff Jorge A. Mejia ("Plaintiff" seeks an order and judgment granting final approval to the settlement of this action in accordance with the terms of the Second Amended Stipulation and Agreement of Compromise, Settlement and Release ("Settlement Agreement" or "Settlement" between Plaintiff and Defendant DHL Express (USA, Inc. ("Defendant". Having previously granted preliminary approval of the Settlement on October,, having previously directed the notice of the Settlement to be given to the Class and Sub-Classes (as defined below, and having read and considered Plaintiff s Motion for Final Approval of the Class Action Settlement, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:. The Settlement, including the definitions applicable to the Settlement, is incorporated by reference into this Order of Final Approval and Judgment.. The Court finds that the Class Notice, which was given to the Class and Sub-Classes via U.S. mail as previously ordered by the Court, described or set forth the terms of the Settlement, the date of the final Fairness Hearing, the manner in which Class Members could object to, participate in or exclude themselves from the Settlement, and the other matters required by Rule (c((b(i-(vii. The Court finds that the Class Notice was the best notice practicable under the circumstances and complies with due process and Rules (c((b and (e( of the Federal Rules of Civil Procedure. The Court further finds that a full and fair opportunity has been afforded to all Class Members to participate in the proceedings convened to determine whether the proposed Settlement should be given final approval. Accordingly, the Court AND JUDGMENT -
Case :-cv-000-ghk-jc Document - Filed /0/ Page of Page ID #: hereby determines that all Class Members who did not timely exclude themselves are bound by this Order of Final Approval and Judgment.. The Court finds that the terms and conditions of the Settlement are fair, reasonable, and adequate, as required by Federal Rule of Civil Procedure (e( and the Private Attorneys General Act of 0, California Labor Code Section (l ("PAGA", and is the product of good faith, arm's length negotiations between the Parties. Accordingly, the Court hereby finally and unconditionally approves the Settlement, and specifically: a. certifies under Rule of the Federal Rules of Civil Procedure and for settlement purposes only the following Class defined as consisting of all current and former employees of Defendant who have not previously released their claims, who were employed as non-exempt employees at any of DHL s locations anywhere in California since December, through the date upon which the Court grants preliminary approval; b. certifies under Rule and for settlement purposes only the following four ( Sub-Classes defined as follows: i. a Waiting Time Class consisting of each person whom DHL employed as a non-exempt employee in California, and whose employment with DHL terminated between December, and the date of preliminary approval; ii. a Wage Statement Class consisting of each person whom DHL employed as a nonexempt employee in California at any time between December, and the date of preliminary approval; iii. an Unpaid Wages Class consisting of each person whom DHL employed as a non-exempt employee in California at any time between December, and the date of preliminary approval; and AND JUDGMENT -
Case :-cv-000-ghk-jc Document - Filed /0/ Page of Page ID #: iv. a Meal and Rest Break Class includes each person whom DHL employed as a non-exempt employee in California at any time between December, and the date of preliminary approval; c. certifies the following Class claims: i. with respect to the Waiting Time Class, the claim that DHL violated California Labor Code Sections to and. between December, and the date of preliminary approval, when paying final wages to terminated or resigned employees within the Sub-Class; ii. with respect to the Wage Statement Class, the claim that DHL violated California Labor Code Section (a(-( between December, and the date of preliminary approval, when furnishing wage statements to employees within the Sub-Class; iii. with respect to the Unpaid Wages Class, the claim that DHL violated California Labor Code Sections,,. and and California Business and Professions Code Sections 0 et seq. between December, and the date of preliminary approval, when paying wages to employees within the Sub-Class; and iv. with respect to the Meal and Rest Break Class, the claim that DHL violated California Labor Code Sections. and between December, and the date of preliminary approval, when providing meal and rest periods to employees within the Sub-Class; d. approves the Gross Settlement Amount under the Settlement of One Million, Four Hundred Fifty Thousand U.S. Dollars ($,0,000.00 as fair, reasonable and adequate; e. orders and directs Defendant to deposit with the Settlement Administrator, by the date set forth in the Settlement, the Gross Settlement AND JUDGMENT -
Case :-cv-000-ghk-jc Document - Filed /0/ Page of Page ID #: Amount of One Million, Four Hundred Fifty Thousand U.S. Dollars ($,0,000.00, to be distributed and paid as required by this Order of Final Approval and Judgment; f. approves and directs the payment to Plaintiff as Class Representative, by the date set forth in the Settlement, of a Service Fee in the amount of Ten Thousand U.S. Dollars ($,000.00; g. approves and directs the payment to Class Counsel, by the date set forth in the Settlement, of Four Hundred Eighty-Three Thousand Three Hundred Thirty-Three U.S. Dollars and Thirty-Three Cents ($,. in attorneys' fees; h. approves and directs the payment to Class Counsel, by the date set forth in the Settlement, of Forty-Nine Thousand Two Hundred Ninety U.S. Dollars and Seventy-Five Cents ($,0. in litigation costs and expenses; i. approves and directs the payment to CPT Group, Inc. as Settlement Administrator, by the date set forth in the Settlement, of Twenty Thousand Six Hundred Eleven U.S. Dollars and Eight Cents ($,.0 as the fees and costs of settlement administration; j. approves and directs the payment to the California Labor and Workforce Development Agency, by the date set forth in the Settlement, of Three Thousand Seven Hundred Fifty U.S. Dollars ($,0.00 representing its seventy-five percent (% share of the recovery of civil penalties under the Settlement attributable to the California Labor Code Private Attorneys General Act of 0, Labor Code Section et seq.; k. approves and directs distribution of the Net Settlement Amount, by the date set forth in the Settlement, in individual settlement payments to Class Members as determined by the Settlement Administrator in accordance with the terms of the Settlement; and AND JUDGMENT -
Case :-cv-000-ghk-jc Document - Filed /0/ Page of Page ID #: l. confirms the previous appointment of (i Plaintiff as Class Representative, (ii Gregg A. Farley of the Law Offices of Gregg A. Farley and Sahag Majarian, II, of the Law Offices of Sahag Majarian as Class Counsel, and (iii CPT Group, Inc. as Settlement Administrator.. This Order of Final Approval and Judgment shall have res judicata effect and bar Plaintiff and each Class Member who did not timely exclude himself or herself from the Settlement or Class and Sub-Classes from bringing any claim, case or action asserting any "Released Claims" as defined in the Settlement.. This Court shall retain jurisdiction to enforce the terms of the Settlement for one year from the date of this Order of Final Approval and Judgment.. The Clerk of the Court shall enter Judgment in accordance with this Order of Final Approval and Judgment. IT IS SO ORDERED. DATED: Hon. George H. King, U.S. District Judge AND JUDGMENT -