SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA JULIUS DENNIS V. PLANETECHS, LLC PABLO LINN V. PLANETECHS, LLC GREGORY TATUM V. PLANETECHS, LLC CASE NOS. 15CV000787, RG16799430 and 16CV00363 A court authorized this notice. This is not a solicitation from a lawyer. NOTICE OF CLASS ACTION SETTLEMENT AND FINAL APPROVAL HEARING A proposed class action settlement (the Settlement ) has been reached between Plaintiffs Julius Dennis, Gregory Tatum, and Pablo Linn ( Plaintiffs ) and Defendants PlaneTechs, LLC ( PlaneTechs ) and TrueBlue, Inc. ( Defendants ) on behalf of the following Settlement Class : All current and former non-exempt hourly employees employed by PlaneTechs at Zodiac Aerospace or at Zodiac Seat Shells U.S., LLC at any time during the time period from May 1, 2011 until the date first set for the hearing of a motion for preliminary approval of this Settlement Agreement (whether approved at that first hearing date, on a subsequent date, or subsequent hearing date). Defendants records indicate that you are a member of the Settlement Class (i.e., a Settlement Class Member ). The Settlement resolves three putative class action lawsuits entitled Julius Dennis v. PlaneTechs, LLC, Pablo Linn v. PlaneTechs, LLC, and Gregory Tatum v. PlaneTechs, LLC (together the Action ) alleging that Defendants violated California s wage and hour laws, and are liable for unpaid wages and penalties, by, among other things, allegedly failing to provide meal and rest periods to Settlement Class Members, failing to provide Settlement Class Members with accurate wage statements, and failing to timely pay wages to Settlement Class Members. Defendants deny all of the allegations in the Action, deny that they are liable, and deny that a class action is proper except solely for purposes of the Settlement. ESTIMATED PAYMENT INFORMATION The Settlement provides for monetary payments in the form of Individual Settlement Payments. The estimated Individual Settlement Payment for each Settlement Class Member that submits a valid and timely claim is $500. OVERVIEW OF YOUR RIGHTS AND OPTIONS UNDER THE SETTLEMENT RECEIVE A SHARE OF THE SETTLEMENT OPT OUT OF THE CLASS OBJECT TO THE SETTLEMENT If you want to receive a monetary payment from the Settlement, you must submit a valid and timely claim form to the Administrator listed in this Notice. Your claim form must be postmarked on or before August 28, 2017. If you do not want to give up your right to pursue the Released Claims (described below), you may opt out of the Settlement Class by submitting a timely and valid Opt-Out Form in accordance with the procedures set forth below. If you opt out of the Settlement Class, you will not receive any money from the Settlement. To be valid, any Opt-Out Form must contain all of the information required and be postmarked on or before August 28, 2017. If you wish to object to the Settlement, you must submit a written objection in accordance with the procedures set forth below. To be valid, any objection must comply with all of the procedures described below and be both postmarked and filed with the Court on or before August 28, 2017. These rights and options, and how to exercise them, are explained in more detail in this notice. The Court handling this case still has to decide whether to grant final approval of the Settlement. Settlement payments will only be issued if the Court grants final approval to the Settlement and there are no appeals that change the approval. Additional information regarding the Settlement is available through the Settlement Administrator or Class Counsel, whose contact information is provided in this notice. FURTHER INFORMATION REGARDING THE ACTION AND THE SETTLEMENT 1. What is the Action about? The Action generally involves claims under California wage and hour laws. Plaintiffs are former employees of Defendants during the periods described in the Settlement Class definition. They allege that Defendants failed to provide meal and rest periods to them and Settlement Class Members, failed to pay all wages owed to them and Settlement Class Members, failed to provide accurate written 1
wage statements to them and Settlement Class Members, and failed to timely pay all final wages to Settlement Class Members who are former employees. They also allege claims for California Business & Professions Code section 17200, failure to pay wages in violation of the Fair Labor Standards Act, and claims for penalties under the California Private Attorneys General Act. Through the Action, Plaintiffs seek to recover statutory and civil penalties, and other related relief. Defendants deny all liability in the Action, and assert that the class action mechanism is improper for any purpose other than settlement. Both Plaintiffs and Defendants believe that the Settlement is fair, adequate, and reasonable, and that it is in the best interest of the Settlement Class (defined below in response to Question 3). 2. Why is this lawsuit a class action? In a class action, one or more people called the class representatives (in this case, Julius Dennis, Gregory Tatum, and Pablo Linn) sue on behalf of people who they allege have similar claims. All of these people are a Class or Class Members. One court resolves the issues for all class members, except for those who opt themselves out of the Class. 3. Who is a Class Member? On June 8, 2017, the Honorable Jed Beebe of Department 4 of the Santa Barbara Superior Court granted preliminary approval of the Settlement and certified the following Settlement Class solely for purposes of the Settlement: All current and former nonexempt hourly employees employed by PlaneTechs at Zodiac Aerospace or at Zodiac Seat Shells U.S., LLC at any time during the time period from May 1, 2011 until the date first set for the hearing of a motion for preliminary approval of this Settlement Agreement (whether approved at that first hearing date on a subsequent date or subsequent hearing date). 4. Why is there a Settlement? After investigating the claims at issue, and the possible defenses to those claims, both sides agreed to the Settlement to avoid the cost and risk of further litigation. The Settlement does not mean that any law was broken. Defendants deny all of the legal claims in the case, and also assert that a class action is improper for any purpose other than this Settlement. In view of the risks that continued litigation would entail, Plaintiffs and their lawyers think the Settlement is in the best interests of all Settlement Class Members. 5. What does the Settlement provide? THE SETTLEMENT BENEFITS WHAT YOU GET Under the terms of the Settlement, Defendants agree to pay a Gross Settlement Amount of up to $375,000.00. Deducted from the Gross Settlement Amount will be sums approved by the Court for attorneys fees to Class Counsel (up to $125,000.00, one-third of the Gross Settlement Amount), attorneys costs to Class Counsel (up to $15,000.00), enhancement awards to Plaintiffs for their services as class representatives (up to $9,000 to Plaintiff Dennis, and $5,000 each to Plaintiffs Linn and Tatum), civil penalties payable to the Labor and Workforce Development Agency ( LWDA ) ($7,500.00), and claims administration expenses (estimated not to exceed $10,000.00). The amount remaining after these items are deducted is $198,500, the amount out of which distributions to the Settlement Class will occur. Subject to withholdings required by law and the deduction of all employer and employee payroll tax obligations, each Settlement Class Member who does not opt-out of the Settlement shall ultimately be entitled to a pro rata payment from the $198,500 allocated to Settlement Class Members, which will be calculated by dividing $198,500 by the total number of Settlement Class Members (an Individual Settlement Payment ). A Settlement Class Member is everyone in the class who does not opt out. For tax purposes, one-third (1/3) of the Individual Settlement Payment will be treated as wages (from which taxes will be deducted/withheld and for which the Settlement Administrator will issue IRS Form W2s), and two-thirds (2/3) of the Individual Settlement Payment will be treated as interest and penalties (from which no taxes will be deducted/withheld and for which the Settlement Administrator will issue IRS Form 1099s). Each Settlement Class Member will be responsible for correctly characterizing the compensation received for tax purposes and for the payment of any other taxes owing on that amount. 6. What am I giving up in exchange for the settlement benefits? Upon the final approval by the Court of this Settlement Agreement, and except as to such rights or claims as may be created by this Settlement Agreement, the Class Representatives and Settlement Class Members and their successors in interest (the Releasors ), fully release and discharge Defendants PlaneTechs, LLC, TrueBlue, Inc. and any of their parent, subsidiary, predecessor and affiliated entities or related entities, including any of their predecessor or related entities, their current and former directors, officers, managers, servants, accountants, attorneys, advisors, shareholders, members, insurers, representatives, issuers and assigns, employees, agents, vendors, and customers, including Zodiac Seat Shells U.S., LLC or Zodiac Aerospace and any of their parent, subsidiary, predecessor and affiliated entities or related entities, and anyone acting on their behalf (the Releasees ) from any and all claims, whether known or unknown, that were or could have been asserted in the Lawsuits (or the Action), based upon the facts alleged in Plaintiffs complaints, that the Releasees violated the California Labor Code or the Federal Fair Labor Standards Act by failing to pay regular, overtime or double-time wages; failing to calculate and pay the appropriate regular, overtime, or double-time rates of pay; failing to pay wages and premium wages for missed meal and/or rest breaks, including second meal periods, or failing to provide meal and/or 2
rest breaks, including second meal periods; maintaining an auto-deduct policy; failing to pay the correct per diem payments and/or failing to include per diem payments or bonuses in the applicable rates of pay; failing to provide accurate wage statements or otherwise maintain accurate records; failing to pay wages due at termination; and claims for fines, penalties, restitution, or attorneys fees based on any such allegations. The release shall apply to all claims that were or could have been asserted in any of the Lawsuits (or the Action), based upon the facts alleged in any of the Plaintiffs complaints, including but not limited to alleged violations of California Labor Code 200, 201, 202, 203, 204, 215, 216, 218, 218.6, 223, 225, 225.5, 226, 226.3, 226.6, 226.7, 256, 354, 408, 510, 512, 553, 558, 1174, 1174.5, 1175, 1194, 1194.2, 1197, 1197.1, 1198, 1199, 2800, 2802, 6400 et seq., the California Private Attorneys General Act, Cal. Labor Code 2699 et seq., California Business & Professions Code section 17200 et seq., or any IWC Wage Order or regulation, and the Fair Labor Standards Act, 29 U.S.C. 201 et seq., 206, 207, 211, 215, 216, and any claims for attorneys fees based on any such alleged violations. The release also includes all derivative or alternatively-pleaded claims based on the foregoing claims or facts alleged in the Lawsuits (or the Action). The release thus includes claims brought under any theory of recovery, or seeking any form of relief, including damages, punitive damages, or attorneys fees, that were or could have been asserted in the Lawsuits, based upon the allegations stated in the Lawsuits (or the Action), including any theory of recovery or relief under the California Labor Code or any IWC Wage order, any federal law regulation and or any other derivative or penalty claims, common law claims, or federal law violations. The release in this paragraph applies to claims arising from the Releasors employment with PlaneTechs, LLC in the State of California from May 1, 2011 until the date of preliminary approval. This release does not include claims to enforce this Settlement Agreement pursuant to its terms. You can talk to one of the lawyers appointed as Class Counsel (listed in response to Question 7 below) for free or you can talk to your own lawyer if you have questions about the released claims and what they mean. 7. Do I have a lawyer in this case? THE LAWYERS REPRESENTING YOU The Court has appointed the following lawyers to serve as Class Counsel for the Settlement Class: Shaun Setareh H. Scott Leviant Law Offices of Shaun Setareh 9454 Wilshire Blvd., Suite 907 Beverly Hills, CA 90212 (310) 888-7771 / Telephone (310) 888-0109 / Facsimile shaun@setarehlaw.com scott@setarehlaw.com Eric Kingsley Kelsey Szamet KINGSLEY & KINGSLEY 16133 Ventura Boulevard, Suite 1200 Encino, CA 91436 818-990-8300 / Telephone eric@kingsleykingsley.com kelsey@kingsleykingsley.com 8. How will the costs of the lawsuit and the settlement be paid? 3 Bruce N. Anticouni Nicole Ricotta ANTICOUNI & ASSOCIATES 201 N. Calle Cesar Chavez, Ste. 105 Santa Barbara, CA 93103 (805) 845-0864 bruce@anticounilaw.com nicole@anticounilaw.com Subject to court approval, Defendants agree to pay up to $125,000.00 in attorneys fees (one-third of the Gross Settlement Amount) and up to $15,000.00 in actual litigation costs to Class Counsel. In addition, and subject to Court approval, Defendants also agree to pay up to $9,000 to Plaintiff Dennis, and $5,000 each to Plaintiffs Linn and Tatum as enhancement payments for their participation in this lawsuit and for taking on the risk of litigation. Defendants also agree to pay the Settlement Administrator s costs and fees associated with administering the Settlement, estimated not to exceed $10,000.00. The Court may award less than these amounts. 9. How do I get a Settlement payment? HOW TO GET A SETTLEMENT PAYMENT If you want to receive a monetary payment from the Settlement, you must submit a valid and timely claim form to the Administrator listed in this Notice. Your claim form must be postmarked on or before August 28, 2017 whose contact information is as follows: Dennis v. PlaneTechs, LLC Settlement Administrator c/o CPT Group, Inc. 50 Corporate Park Irvine, CA 92606 If you no longer live at the address listed on postcard you received, or if you move, please update your address with the Settlement Administrator 10. Where do I obtain a Claim Form? The claim form is available on this website. Please print out the Claim Form, complete it, and submit it before the deadline listed
above to the Settlement Administrator. 11. When will I get my check? Checks will be mailed to Settlement Class Members eligible to receive benefits under the Settlement who make claims, after the Court grants final approval of the Settlement. If the Court approves the Settlement after a hearing on November 16, 2017 (see The Court s Fairness Hearing ) below, there may be appeals. If there are any appeals, resolving them could take some time, so please be patient. Please also be advised that you will only have one hundred eighty (180) days from the date that the check is issued to cash it. If you do not cash your check within 180 days of the date of its issuance, or if your check is returned to the Settlement Administrator as undeliverable, your check will be considered unclaimed and sent to the State of California s Department of Industrial Relations Unpaid Wages Fund. You will need to contact that Department if your check is not cashed within 180 days. OPTING OUT OF THE SETTLEMENT CLASS 12. How do I ask the Court to exclude me from the Settlement Class? If you do not wish to participate in the Settlement, and do not wish to receive a payment from the Settlement, you may be excluded (i.e., opt out ) by completing an Opt-Out Form and sending it to the Settlement Administrator. The Opt-Out Form is available on this website. The Opt-Out Form must be completed, signed, dated and mailed by First Class U.S. Mail, or the equivalent, postmarked no later than August 28, 2017 to: Dennis v. PlaneTechs, LLC Settlement Administrator c/o CPT Group, Inc. 50 Corporate Park Irvine, CA 92606 Opt-Out Forms that do not include all required information and/or that are not timely submitted will be deemed null, void, and ineffective. Class Members who fail to submit a valid and timely Opt-Out Form on or before the above-specified deadline shall be bound by all terms of the Settlement and any Final Judgment entered in the Action if the Court approves the Settlement. 13. If I exclude myself, can I get anything from the Settlement? No. If you exclude yourself now you will not get anything from the Settlement. If you ask to be excluded, you will not get a Settlement payment, and you cannot object to the Settlement. But you may sue, continue to sue, or be part of a different lawsuit against Defendants in the future. You will not be bound by anything that happens in this lawsuit. 14. If I don t exclude myself, can I sue later? No. Unless you exclude yourself, you give up the right to sue Defendants for the claims in this lawsuit. You must exclude yourself from the Settlement Class to start or continue your own lawsuit. 15. How do I comment on or object to the Settlement? OBJECTING TO THE SETTLEMENT Any Settlement Class Member who does not opt out of the Settlement Class may comment on, or object to, the Settlement, or any portion thereof, by filing a written comment or objection, and supporting papers, with the Court by no later than August 28, 2017. The Court is located at the following address: Santa Barbara County Superior Court Department 4 312-C East Cook Street Santa Maria, CA 93456-5369 In addition, the written comment or objection must be mailed to Class Counsel, Defendants Counsel, and the Settlement Administrator at the following addresses by regular U.S. Mail postmarked no later than August 28, 2017: Class Counsel Shaun Setareh H. Scott Leviant Law Offices of Shaun Setareh 9454 Wilshire Blvd., Suite 907 Beverly Hills, CA 90212 Defendants Counsel David R. Ongaro Amelia D. Winchester ONGARO PC 50 California Street, Suite 3325 San Francisco, CA 94111 Any written comment or objection and/or notice of your intent to appear at the hearing must state each specific reason in support of your comment or objection and any legal support for each comment or objection. Your written comment or objection and/or notice of 4
your intent to appear at the hearing must also state your full name and address. To be valid and effective, the Court, Class Counsel and Defendants Counsel must be sent any written comments or objections and/or notices of intent to appear at the hearing not later than August 28, 2017. A Settlement Class Member who fails to file and serve a written comment or objection in the manner described above and by the specified deadline will be deemed to have waived any comments or objections and will be foreclosed from making any comments on or objections to the Settlement (whether by appeal or otherwise). THE COURT S FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the Settlement. If you have filed a timely and valid objection requesting to present oral argument, you may attend and you may ask to speak, but you don t have to. 16. When and where will the Court decide whether to approve the Settlement? The Court will hold a Final Approval Hearing on November 16, 2017 at 8:30 a.m. in Department Four of the Santa Barbara County Superior Court, located at 312-C East Cook Street, Building C, Santa Maria, CA 93454. The hearing may be moved to a different date and/or time without additional notice. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to grant final approval. If there are objections, the Court will consider them. The Court will only listen to people who have asked to speak at the hearing. The Court will also decide how much to award to Class Counsel in attorneys fees and costs, and how much to award Plaintiffs as an enhancement award. We do not know how long these decisions will take. 17. Do I have to come to the hearing? No. Class Counsel will answer any questions the Judge may have. But, you are welcome to come at your own expense. If you submit a valid objection, you don t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it is not required. 18. May I speak at the hearing? If a Class Member wishes to appear at the Final Approval Hearing and orally present his or her objection to the Court, the objector s written statement must include the objector s statement of intent to appear at the Final Approval Hearing. 19. How do I get more information? GETTING MORE INFORMATION This notice summarizes the Settlement. More details are in the Settlement. You may contact Class Counsel or the Settlement Administrator for more information. DO NOT TELEPHONE THE COURT OR DEFENDANTS COUNSEL. 5