Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: EXHIBIT A JOINT STIPULATION OF CLASS ACTION SETTLEMENT
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0 Anthony J. Orshansky CA Bar No. anthony@counselonegroup.com Justin Kachadoorian CA Bar No. 0 justin@counselonegroup.com COUNSELONE, P.C. 0 Wilshire Boulevard, Suite 0 Beverly Hills, CA 00 Telephone: 0.. Facsimile:.. Attorneys for Plaintiff JASMINE WHITE Spencer C. Skeen CA Bar No. spencer.skeen@ogletreedeakins.com Tim L. Johnson CA Bar No. tim.johnson@ogletreedeakins.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 0 La Jolla Village Drive, Suite 0 San Diego, CA Telephone:..00 Facsimile:..0 Attorneys for Defendant RBD STAFFING, INC. Harold M. Brody CA Bar No. 0 hbrody@proskauer.com Tracey L. Silver CA Bar No. tsilver@proskauer.com PROSKAUER ROSE LLP Century Park East, nd Floor Los Angeles, CA 00 Telephone: 0..00 Facsimile: 0.. Attorneys for Defendant SPRINT/UNITED MANAGEMENT CO. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA JASMINE WHITE, on behalf of herself and others similarly situated, v. Plaintiff, RBD STAFFING, INC. dba SALESMAKERS, a Florida corporation, and SPRINT/UNITED MANAGEMENT CO., a Kansas corporation, Defendants. Case No. -cv-0-ghk (KLSx) JOINT STIPULATION OF CLASS ACTION SETTLEMENT Trial Date: None Set Judge: Hon. George H. King Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0 This Joint Stipulation for Class Action Settlement ( Joint Stipulation ) is made and entered by and between Plaintiff Jasmine White ( Plaintiff ), on behalf of herself and on behalf of others similarly situated, and RBD Staffing, Inc., and Sprint/United Management Company (collectively Defendants ). This Joint Stipulation shall be binding on Plaintiff and the class she purports to represent, and Defendants and their insurers, brands, concepts, affiliates, subsidiaries, successors, assigns, and any individual or entity which could be jointly liable with Defendants, subject to the terms and conditions hereof and the approval of the Court. THE PARTIES STIPULATE AND AGREE:. Plaintiff and Defendants are collectively referred to as the Parties.. On September,, the Parties attended mediation with the Honorable Herbert B. Hoffman (Ret.).. On December,, the Parties entered a Memorandum of Understanding ( MOU ), which is fully incorporated.. Subject to preliminary and final approval by the Court, the Parties have agreed to settle and resolve all claims, causes of actions, and primary rights asserted in the lawsuit entitled White v. RBD Staffing, Inc. et al., Case No. -cv-0-ghk (KLSx) ( Action ), on these terms.. The Parties investigated facts and law during the prosecution of the Action. The investigation included the exchange of information pursuant to formal and/or informal discovery, numerous meetings and conferences between representatives of the Parties, and mediation. Counsel for the Parties also have investigated the applicable law as applied to the facts discovered regarding the alleged claims of Plaintiff and potential defenses thereto, and the damages claimed by Plaintiff, on behalf of herself and the class she seeks to represent. Among other things, discovery focused on Plaintiff s allegations that: () RBD conducted background checks on applicants and employees after providing an improper Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0 background check disclosure and authorization form ( D&A form ), in violation of the federal Fair Credit Reporting Act ( FCRA ) and California s Investigative Consumer Reporting Agencies Act ( ICRAA ); () RBD failed to provide required disclosures to applicants and employees before taking an adverse action based on a background check, in violation of the FCRA; () RBD failed to provide applicants and employees, on whom it was taking adverse action, with an adverse action disclosure in violation of the FCRA and the ICRAA. Discovery included information regarding class data and background check records. The Parties conducted their own evaluations on the potential recoveries based on the claims alleged in the Action.. Nothing in this Joint Stipulation, nor the fact of this Joint Stipulation itself, shall be construed or deemed as an admission of liability, culpability, negligence, or wrongdoing by Defendants. Nothing herein shall constitute an admission by Defendants that the Action was properly brought as a class or representative action other than for settlement purposes. The settlement of the Action, the negotiation and execution of this Joint Stipulation, and all acts performed or documents executed under or in furtherance of this Joint Stipulation or the settlement: (i) are not, shall not be deemed to be, and may not be used as, an admission or evidence of any wrongdoing or liability by Defendants or of the truth of any of the factual allegations in the operative complaint; (ii) are not, shall not be deemed to be, and may not be used as, an admission or evidence of any fault or omissions by Defendants in any civil, criminal, or administrative proceeding in any court, administrative agency or other tribunal; and (iii) are not, shall not be deemed to be, and may not be used as, an admission or evidence of the appropriateness of these or similar claims for class certification or administration other than to administer this Joint Stipulation.. For purposes of this Joint Stipulation, there shall be two separate classes: the FCRA/California Pre-Authorization Class and the FCRA/California Adverse Action Class. Members of the FCRA/California Pre-Authorization Class Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0 and FCRA/California Adverse Action Class are collectively referred to as Class Members.. For purposes of this Joint Stipulation, the FCRA/California Pre- Authorization Class shall be defined as follows: ALL PERSONS RESIDING IN THE UNITED STATES WHO APPLIED FOR EMPLOYMENT OR WERE EMPLOYED BY RBD STAFFING, INC., DOING BUSINESS AS SALESMAKERS, INC., OR ONE OF ITS AFFILIATES, INCLUDING THOSE PLACED OR CONSIDERED FOR PLACEMENT WITH SPRINT/UNITED MANAGEMENT CO., AND ON WHOM RBD STAFFING, INC., DOING BUSINESS AS SALESMAKERS, INC., OR ONE OF ITS AFFILIATES, PROCURED ONE OR MORE BACKGROUND CHECKS (INCLUDING, AS DEFINED UNDER CALIFORNIA LAW, INVESTIGATIVE BACKGROUND CHECKS) THROUGH CONSUMER REPORTING AGENCIES HIRERIGHT AND/OR BACKGROUNDCHECKS.COM BETWEEN OCTOBER 0,, AND MAY,.. For purposes of this Joint Stipulation, the FCRA/California Adverse Action Class shall be defined as follows: ALL PERSONS RESIDING IN THE UNITED STATES WHO APPLIED FOR EMPLOYMENT OR WERE EMPLOYED BY RBD STAFFING, INC., DOING BUSINESS AS SALESMAKERS, INC., OR ONE OF ITS AFFILIATES, INCLUDING THOSE PLACED OR CONSIDERED FOR PLACEMENT WITH SPRINT/UNITED MANAGEMENT CO., AND AGAINST WHOM RBD STAFFING, INC., DOING BUSINESS AS SALESMAKERS, INC., OR ONE OF ITS AFFILIATES, TOOK ADVERSE EMPLOYMENT ACTION BETWEEN OCTOBER 0,, AND JULY,, BASED, IN WHOLE OR IN PART, ON INFORMATION IN A BACKGROUND CHECK (INCLUDING, AS DEFINED UNDER CALIFORNIA LAW, AN INVESTIGATIVE BACKGROUND CHECK) PROCURED THROUGH CONSUMER REPORTING AGENCIES HIRERIGHT AND/OR BACKGROUNDCHECKS.COM. 0. At the time of mediation, Defendants represented that the FCRA/California Pre-Authorization Class consists of approximately, class members and the FCRA/California Adverse Action Class consists of approximately class members.. The settlement described herein will resolve fully and finally all claims due or claimed to be due in the Action by all Class Members who do not opt-out of the settlement, as well as all claims listed herein. Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0. Solely to settle the Action only, the Parties stipulate and agree that the requisites for establishing class certification regarding the Class Members have been met and are met. The Parties stipulate and agree that: A. The Class Members are ascertainable and so numerous as to make it impracticable to join all Class Members; B. There are common questions of law and fact; C. Plaintiff believes her claims are typical of the claims of the Class Members; D. Plaintiff and Class Counsel will fairly and adequately protect the interests of the Class Members; E. The prosecution of separate actions by Class Members would create the risk of inconsistent adjudications, which would establish incompatible standards of conduct; and F. Plaintiff believes questions of law and fact common to the Class Members predominate over individual questions and that a class action is superior to other available means for the fair and efficient adjudication of the controversy.. Defendants deny any liability or wrongdoing of any kind whatsoever associated with the claims alleged in the Action. Defendants further deny that, for any purpose other than settling the Action, these claims are appropriate for class or representative treatment. Plaintiff, on the other hand, believes she filed a meritorious action and that class certification is appropriate. In sum, Plaintiff contends that: () RBD conducted background checks on applicants and employees after providing an improper background check D&A form, in violation of the FCRA and ICRAA; () RBD failed to provide required disclosures to applicants and employees before taking an adverse action based on a background check, in violation of the FCRA; () RBD failed to provide applicants and employees, on whom it was taking adverse action, with an adverse action disclosure in violation of the FCRA and the ICRAA. Plaintiff also contends that these violations violate California s Unfair Competition Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0 Law. Plaintiff also believes the Action is appropriate for class certification, as the requisites for class certification can be satisfied.. Defendants deny that they have engaged in any unlawful activity, have failed to comply with the law in any respect, or have any liability to anyone under the claims asserted in the Action. The Parties expressly acknowledge that this Joint Stipulation is entered into for the purpose of compromise of highly disputed claims and nothing herein is an admission of liability or wrongdoing by Defendants. Whether or not the settlement becomes final, neither the settlement, nor any document, statement, proceeding or conduct related to the settlement or this Joint Stipulation, nor any reports or accounting thereof, shall be construed as, offered or admitted in evidence as, received as, or deemed to be evidence for any purpose adverse to Defendants, including, but not limited to, evidence of a presumption, concession, indication or admission by Defendants of any liability, fault, wrongdoing, omission, concession, or damage; or, disclosed, referred to or offered in evidence against Defendants, in any further proceeding in the Action, or any other civil, criminal, or administrative action or proceeding except for purposes of effectuating the settlement pursuant to this Joint Stipulation. This section and all other provisions of this Joint Stipulation notwithstanding, any and all provisions of this Joint Stipulation may be admitted in evidence and otherwise used in any and all proceedings to enforce any or all terms of this Joint Stipulation or in defense of any claims released or barred by this Joint Stipulation.. The Parties hereby agree that the formula for allocating the settlement payments, as defined in herein, to the Class Members described below is reasonable and that the payments provided are designed to provide a fair settlement to the Class Members. Based on their own independent investigations and evaluations, Defendants and Plaintiff and their respective counsel are of the opinion that the settlement for the consideration and on the terms set forth in this Joint Stipulation is fair, reasonable, and adequate, and is in the best interests of the Class Members and Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0 Defendants, in light of all known facts and circumstances and the risks inherent in litigation, including the potential appellate issues. Class Counsel believe that the settlement amount entered into is in the best interests of the Class Members and that the settlement for the Class Members is fair, reasonable, and adequate, especially given the inherent risk of litigation.. Plaintiff, Class Counsel, Defendants and Defendants respective counsel, agree to the conditional certification of the Class Members for the sole purpose of effectuating this settlement. Should the settlement not become final, for whatever reason, the fact that the Parties were willing to stipulate to class certification as part of the settlement shall have no bearing on, and shall not be admissible in connection with, the issue of whether a class should be certified in a non-settlement context or any other legal proceeding in any jurisdiction. Defendants expressly reserve the right to oppose class certification in the Action should the settlement not become final.. The purpose of this Joint Stipulation is to settle and compromise all claims by Plaintiff and the Class Members for (a) all claims due or claimed to be due by the Class Members asserted in the operative complaint, and (b) all claims listed herein.. The settlement embodied in this Joint Stipulation contemplates the (a) entry of an order approving certification of the Class Members; (b) entry of a final order approving settlement of the Action; (c) entry of judgment; (d) discharge of Defendants from liability for any and all claims relating to the Action; and (e) release by the Plaintiff and the Class Members of all claims arising out of Defendants background check practices.. It is the intention of the Parties that this Joint Stipulation shall constitute a full and complete settlement and release of all of Plaintiff s and the Class Members claims arising from or related to the allegations made in the Action against Defendants and other parties related to Defendants identified herein. Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #:0 0. The Parties will seek preliminary and final approval of this settlement as soon as possible. Plaintiff s counsel shall prepare all paperwork necessary to obtain preliminary and final approval. Defendants counsel agree to cooperate in good faith to accomplish this objective.. The gross settlement amount is $00,000.00, all-inclusive. The gross settlement amount is the maximum amount Defendants can be required to pay under this settlement. Payments to Class Members and payments for attorney fees and costs, claims administration fees, and incentive award to Plaintiff shall all be deducted from the gross settlement amount.. RBD Staffing, Inc. shall pay the gross settlement amount within 0 calendar days after final approval of the settlement.. This settlement is a non-reversionary and claims-made settlement. Class members must submit a claim form to receive a payment under the settlement. TERMS OF SETTLEMENT NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, the Parties agree, subject to the Court s approval, as follows.. It is agreed by and among Plaintiff and Defendants that any claims, damages, or causes of action arising out of the disputes which are the subject of the Action, and any claims of Plaintiff listed herein, be settled and compromised as between the Class Members and Defendants, subject to the terms and conditions set forth in this Joint Stipulation and the approval of the Court.. The effective date of this settlement shall be: ) Absent any objection(s) to the settlement, the date the Court enters an Order granting final approval of the settlement and entering Judgment thereon (withdrawn objections are not considered to be objections for purposes of this section); () If any objection(s) are filed, which are not withdrawn, then sixty-one () calendar days following the date final Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page 0 of Page ID #: 0 approval of the settlement was granted; or () If a timely appeal is filed, the date of final resolution of that appeal resulting in Final Approval of the Settlement.. Settlement Payments to the Class Members: After deducting from the gross settlement amount payments for attorney fees and costs, claims administration fees, and payment of Plaintiff s incentive award the residual settlement funds ( Net Settlement Fund ) will be paid on a pro rata basis to those Class Members who submit valid and timely Claim Forms as set forth herein ( Participating Claimants or Participating Class Members ). The Claims Administrator will be responsible for issuing 0 Forms only if required. (a) Allocation Method. The Claims Administrator will make equal payments to each Participating Class Member in the FCRA/California Pre-Authorization Class. Participating Class Members in the FCRA/California Pre-Authorization Class who are also Class Members in the FCRA/California Adverse Action Class will receive double the settlement amount payment.. Class Counsel Fees and Costs: Defendants will not object to a claim for attorney fees up to 0% of the gross settlement amount but the Court shall approve the fees requested. Defendants will also not object to a claim for costs up to $0,000 by Plaintiff s counsel but the Court shall approve the costs requested. Attorney fees and costs will be taken from the gross settlement amount.. Class Representative: Defendants will not object to an incentive award for Plaintiff of up to $,000, to be taken from the gross settlement amount.. The Claims Administrator shall cause the settlement payments to be mailed to the Class Members within 0 calendar days after the Court s final approval of the settlement if no objections by the Class Members have been filed, or within 0 days of the final approval order if an objection is made but no appeal is filed, or within 0 days of the date the judgment is final and no longer subject to appeal if an appeal is filed. Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0 0. The Class Members shall have 0 calendar days to cash their settlement checks. The Claims Administrator shall pay any residue from uncashed checks to the National Consumer Law Center.. The Claims Administrator shall provide written notice to Defendants no later than five calendar days after the opt-out filing deadline with a complete list of the Class Members who have effectively opted-out of the settlement.. The Parties agree that if more than 0% of the Class Members opt-out of the settlement, Defendants shall have the right to rescind the settlement if the Parties cannot agree on appropriate modifications to the settlement terms. If Defendants rescind the settlement, they will be responsible for administration costs incurred at the time of rescission. CLAIMS ADMINISTRATION. The Parties have agreed to the appointment of CPT Group, Inc. to perform the customary duties of Claims Administrator. Claims administration expenses will be approximately $,000, to be paid from the gross settlement amount. The Claims Administrator shall: A. Prepare, print, and mail the Class Members the notice of settlement. The Claims Administrator will substitute electronic mail for U.S. Postal Service notice for whom it obtains an electronic mail address. B. Skip trace and re-mail all returned, undelivered mail within seven days of receiving notice that the mailing was undeliverable. C. Establish an interactive internet website containing information about the settlement with the capability to accept on-line submissions of claim forms. D. Establish an interest bearing bank account for the deposit of the gross settlement amount and deposit those funds into such account upon receipt. E. Identify the Class Members, determine the correct settlement payments and withholdings, if necessary, and timely forward all requisite information to the Parties. Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0 F. Coordinate with Defendants to research and/or investigate any disputes, challenges, or objections submitted by the Class Members. G. Identify and report opt-outs. H. Prepare and circulate a declaration of responses. I. Prepare and circulate a declaration of compliance. J. Identify any checks that are not timely cashed in accordance with the terms of this Joint Stipulation and provide such information to the Parties. K. Confirm to the Parties the payments to be remitted by the Claims Administrator and mail settlement checks to the Class Members, the fees awarded to Class Counsel, and the incentive award to Plaintiff. L. Provide written confirmation to the Parties when the notice of settlement has been served pursuant to this Joint Stipulation. M. Attempt to resolve any disagreement with the Class Members and may request any information or assistance from Defendants or Class Counsel that the Claims Administrator believes may assist in resolving the disagreement. Defendants records shall be presumed to be correct, which may only be rebutted by evidence, including any documentary evidence, submitted by the Class Members. N. Provide to the Parties a final, detailed list of all payments from the gross settlement fund and provide to Defendants the Internal Revenue Service forms, if any, provided to the Class Members. O. Any funds from checks not cashed within the requisite period of time and funds from checks returned as undeliverable shall revert to the gross settlement amount. If economically feasible, these reverted funds will be distributed pro rata to Participating Class Members. However, if the Parties and the Claims Administrator believe the pro rata payment is not economically feasible to distribute, it shall be distributed to the proposed Cy Pres recipient, the National Consumer Law Center, pursuant to Court approval. 0 Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0 P. All such other tasks required by this Joint Stipulation, as the Parties mutually agree or as the Court orders. NOTICE TO THE SETTLEMENT CLASS. The Parties agree that within calendar days after preliminary approval of this Joint Stipulation, Defendants will provide to the Claims Administrator all of the following information about the Class Members in a format requested by the Claims Administrator: () name, () most current mailing address and telephone number, () most current e-mail address, and () social security number. Prior to mailing, the Claims Administrator will perform a search based on the National Change of Address Database information to update and correct for any known or identifiable address changes.. Within calendar days after receipt of the class data list by the Claims Administrator, a Postcard Notice of Settlement in the form attached hereto as Exhibit (or as modified by the Court) shall be sent by first class mail, or the Notice of Settlement shall be sent by e-mail (if known) in the form attached hereto as Exhibit (or as modified by the Court) by the Claims Administrator to the Class Members. The Claims Administrator will also create and maintain an interactive website for the submission of Claim Forms in the form attached hereto as Exhibit (or as modified by the Court). The Claims Administrator will post an Opt-Out Form in in the form attached hereto as Exhibit (or as modified by the Court). The Claims Administrator will post a Claim Form in the form attached hereto as Exhibit (or as modified by the Court).. Notices returned to the Claims Administrator as non-delivered shall be skip-traced and re-sent to the forwarding address, if any, on the returned envelope within seven days of receiving notice that a Notice of Settlement was undeliverable. A returned Notice of Settlement will be forwarded only once by the Claims Administrator. If a Class Member s e-mail address is no longer valid, Claims Administrator will used best efforts to locate a mailing address for such Class Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0 Member. The Claims Administrator will follow the preceding steps applicable to mailed notices. Upon completion of these steps by the Claims Administrator, Defendants shall be deemed to have satisfied its obligation to provide the Notice of Settlement to the Class Members. Such affected persons shall be bound by a release of all claims alleged in the operative complaint in Action and all the terms of the Joint Stipulation and the Court s order and final judgment.. Subject to Court approval, the Class Members shall have calendar days from the date that the Claims Administrator mails the Notice of Settlement to him or her to properly submit a Claim Form or Opt-Out Form. Any claims or requests for exclusions submitted after the close of the period will not be honored. In order for the claim or opt-out to be valid, Class Members must electronically submit the Claim Form or Opt-Out Form on the settlement website, by the designated date (within days from the date the Notice of Settlement is first mailed/e-mailed).. Class Members shall have 0 days from the date the Notice of Settlement is first mailed/e-mailed to submit any dispute regarding their estimated settlement payments.. Class Members who do not effectively opt-out of the settlement as provided herein shall be given the opportunity to object to the terms of the settlement and to participate at the final fairness and approval hearing. Class Members seeking to file a written objection to the terms of the settlement must provide the written objection to the Claims Administrator and/or the Court no later than calendar days after the original date of mailing/e-mailing of the Notice of Settlement by the Claims Administrator. Class Members who fail to file and serve a timely written objection in the manner specified above shall be deemed to have waived any objections and shall be foreclosed from objecting to the terms of the settlement unless otherwise ordered by the Court. /// /// Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0 RELEASE BY THE NAMED PLAINTIFF AND THE CLASS 0. Plaintiff and Class Members who have not effectively opted-out of the settlement fully release and discharge Defendants (as defined herein) from any and all claims, debts, liabilities, demands, obligations, guarantees, costs, expenses, attorney fees, penalties, damages, or causes of action which relate to or arise out of the allegations asserted in the operative complaint in the Action and any and all related claims, including but not limited to claims for violations of the FCRA and ICRAA and each and every claim that could have been alleged against Defendants arising out of the facts, circumstances, and primary rights in the Action. Plaintiff and Class Members do not release claims for unemployment compensation, disability, workers compensation, discrimination, retaliation, and other claims unrelated to the Action. The time period covered by this release is the Class Period.. The Parties acknowledge and agree that the settlement shall be effective as a full and final accord and satisfaction and settlement of, and as a bar to, each and every claim that has been alleged or could have been alleged against Defendants arising out of the facts, circumstances, and primary rights in the Action.. Class Members who have not effectively opted-out of the settlement will release all known and unknown claims against Defendants pursuant to California Civil Code that have been alleged or could have been alleged arising out of the facts, circumstances, and primary rights in the Action. The class claims will be dismissed with prejudice following final approval of settlement by the Court.. Plaintiff will generally release all known and unknown claims against Defendants pursuant to California Civil Code. Plaintiff will dismiss all claims with prejudice. Plaintiff also agrees not to apply for employment with Defendants in the future unless the Parties first agree otherwise in writing. Section states: Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0 A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. DUTIES OF THE PARTIES FOLLOWING FINAL COURT APPROVAL. Following final approval by the Court of the settlement provided for in this Joint Stipulation and payment of all funds due, Class Counsel will submit a proposed final order and judgment: A. Approving the settlement, adjudging the terms thereof to be fair, reasonable, and adequate, and directing consummation of its terms and provisions; fees and costs; B. Approving Class Counsel s application for an award of attorney C. Approving the incentive award to Plaintiff; D. Approving claims administration costs; and E. Entering judgment permanently barring and enjoining the Class Members who did not effectively opt-out from prosecuting against Defendants, any individual or class claims released herein, upon satisfaction of all payments and obligations hereunder.. Parties Authority: The signatories hereto hereby represent that they are fully authorized to enter into this Joint Stipulation and bind the Parties hereto to the terms and conditions thereof.. Payments: The settlement embodied in this Joint Stipulation shall become final on the earlier of (i) the Court s final approval of this settlement if no objections by Class Members have been filed, or (ii) the final resolution of any appeal of objections such that the judgment is no longer subject to appeal.. Confidentiality: The Parties acknowledge and agree the facts and allegations underlying the Action between the Parties shall be confidential unless they are in the public record, have previously been publically disclosed, or if any Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0 confidentiality rights have been waived. In consideration for the promises set forth herein in this Joint Stipulation, the Parties agree that the terms and conditions of this Joint Stipulation shall remain strictly confidential and that the Parties shall not discuss, disclose, disseminate, or publicize the facts and allegations underlying the Action, or the terms and conditions of this Joint Stipulation, except: (i) as necessary to a tax return preparer and/or taxing agencies, (ii) as necessary to the Parties attorneys, (iii) as required by law; and/or (iv) in response to an order of a court or governmental agency of competent jurisdiction or subpoena issued under proper authority. Additional disclosures may be made by Plaintiff to her immediate family; disclosures by Defendants to their employees and agents to the extent necessary to effectuate the terms of the agreement, or who otherwise have a need to know the terms for a legitimate business purpose; tax advisors; and accounting or public filing purposes or to otherwise comply with reporting duties. Nothing in this agreement restricts, or is intended to restrict, communications between Plaintiff, her counsel, and class members. If contacted by the media, the Parties will merely inform them that the case has been resolved, and refer them to the public filings.. Continuing Jurisdiction: The Court shall retain continuing jurisdiction over Action to ensure the continuing implementation of the provisions of this Joint Stipulation. This Joint Stipulation is enforceable pursuant to Code of Civil Procedure... No Prior Assignments: The Parties and their counsel represent, covenant, and warrant that they have not directly or indirectly, assigned, transferred, encumbered, or purported to assign, transfer, or encumber to any person or entity any portion of any liability, claim, demand, action, cause of action or rights herein released and discharged except as set forth herein. 0. No Admission: Nothing contained herein, nor the consummation of this Joint Stipulation, is to be construed or deemed an admission of liability, culpability, Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #: 0 negligence, or wrongdoing on the part of Defendants. The Parties hereto have entered into this Joint Stipulation solely with the intention to avoid further disputes and litigation with the attendant inconvenience and expenses.. Enforcement Actions: In the event that one of the Parties institutes any legal action or other proceeding to enforce the provisions of this Joint Stipulation or to declare rights and/or obligations under it, the successful party shall be entitled to recover from the unsuccessful party reasonable attorney fees and costs, including expert witness fees incurred in connection with any enforcement actions.. Notices: Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly given as of the third business day after mailing, addressed as follows: TO PLAINTIFF AND CLASS MEMBERS: Anthony J. Orshansky, Esq. anthony@counselonegroup.com Justin Kachadoorian, Esq. justin@counselonegroup.com COUNSELONE, P.C. 0 Wilshire Boulevard, Suite 0 Beverly Hills, CA 00 TO RBD STAFFING, INC.: Spencer C. Skeen, Esq. spencer.skeen@ogletreedeakins.com Tim L. Johnson, Esq. tim.johnson@ogletreedeakins.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 0 La Jolla Village Drive, Suite 0 San Diego, CA Case No. -cv-0-ghk (KLSx)
Case :-cv-0-ghk-ks Document - Filed // Page of Page ID #:0 0 TO SPRINT/UNITED MANAGEMENT CO.: Harold M. Brody, Esq. hbrody@proskauer.com Tracey L. Silver, Esq. tsilver@proskauer.com PROSKAUER ROSE LLP Century Park East, nd Floor Los Angeles, CA 00. Construction: The Parties hereto agree that the terms and conditions of this Joint Stipulation are the result of lengthy, intensive arms-length negotiations between the Parties, and this Joint Stipulation shall not be construed in favor of or against any of the Parties.. Captions and Interpretations: Paragraph titles or captions contained herein are inserted as a matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this Joint Stipulation or any provision hereof. Each term of this Joint Stipulation is contractual and not merely a recital.. Modification: This Joint Stipulation may not be changed, altered, or modified, except in writing and signed by the Parties hereto, and approved by the Court. This Joint Stipulation may not be discharged except by performance in accordance with its terms or by a writing signed by the Parties hereto. No rights hereunder may be waived except in writing.. Binding on Assigns: This Joint Stipulation shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, trustees, executors, administrators, successors, and assigns.. Counterparts: This Joint Stipulation may be executed in counterparts and each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Joint Stipulation, which shall be binding upon and effective as to all Parties. [SIGNATURES ON NEXT PAGE] Case No. -cv-0-ghk (KLSx)
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