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Sergio Vega, et al v. Weeks Wholesale Rose Grower

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 14, 2012

SERGIO VEGA, ET AL.,
PLAINTIFFS,
v.
WEEKS WHOLESALE ROSE GROWER, INC.,
DEFENDANT.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER APPROVING PLAINTIFF'S ) APPLICATION FOR DISTRIBUTION OF BANKRUPTCY MONIES TO CLASS MEMBERS AND DISMISSING ACTION (Document 110)

Plaintiffs Sergio Vega, Alfonso Rivera, Juan Morales, Emiliano Armenta, Pedro Rios and Jose Nava filed this wage and hour class action on February 8, 2007. During the class certification process, Defendant Weeks Wholesale Rose Grower, Inc., filed for bankruptcy. Plaintiffs filed a claim in bankruptcy for wages, penalties and attorneys' fees at issue and $31,675 was paid without objection. Defendants has been discharged from bankruptcy.*fn1

On May 17, 2012, Plaintiffs filed this application to approve distribution to the class of the $31,675 claim. Having reviewed the papers and documents presented, the Court grants Plaintiffs' application in its entirety as follows:

1. $7,918.75 (25%) of the net settlement for attorneys fees;

2. $6,000 to be paid to Mallison & Martinez for costs incurred in this case;

3. $1,500 for check production, printing, U.S. postage and mailing costs to pay V3 Inc., to mail out checks to the approximately 1000 class members;

4. $7,745.51 to be equally distributed to year round employees (approximately $93.31 each) by check;

5. $8,510.73 to be equally distributed to seasonal employees (approximately $9.33 each) by check;

6. California Rural Legal Assistance is named the Cy Pres Recipient of any employee checks that are uncashed more than 120 days after mailing; and

7. The case is DISMISSED with prejudice.*fn2 IT IS SO ORDERED.


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