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Doris Olivares, Catherine Hepsley, and Nancy Rheeston, On Behalf of Themselves and All Others Similarly Situated v. Bath & Body Works

March 5, 2013

DORIS OLIVARES, CATHERINE HEPSLEY, AND NANCY RHEESTON, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
BATH & BODY WORKS, LLC, AND DOES 1 THROUGH 60, INCLUSIVE. DEFENDANTS.



The opinion of the court was delivered by: The Honorable Joseph C. Spero Magistrate Judge For the United States District Court for the Northern District of California

[PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND FINAL JUDGMENT CLASS ACTION

purported class of similarly situated individuals, filed a Class Action Complaint naming Defendant 4 June 1, 2011, Defendant removed the case to the United States District Court for the Northern District 6 of California. On September 19, 2011, Plaintiff filed a First Amended Complaint adding Catherine v. Bath & Body Works, LLC, Case No. 3:11-cv-02610-JCS. The Class Action Complaint asserts 9 claims against Defendant under: (a) §201 et seq. of the Fair Labor Standards Act, California IWC Wage 10

(b) §§ 201- 203 of the California Labor Code for an alleged failure to pay wages in a timely manner 12 upon termination; (c) § 226 of the California Labor Code for an alleged failure to provide accurate 13 itemized wage statements; (d) §§ 17200 et seq. of the California Bus. and Prof. Code for alleged 14 unlawful and unfair business practices; (e) the Labor Code Private Attorney's General Act of 2004, 15 pursuant to California Labor Code sections 2698, et seq.; and (f) Article XV, §1 of the California 16

On May 8, 2012, the Parties participated in a mediation in California before the Honorable Edward Panelli (Ret.), a former justice of the Supreme Court of the State of California and an 19 experienced mediator with the national organization JAMS. At the conclusion of the mediation, the Settlement and Release (the "Stipulation") that was filed previously with this Court. 22

Plaintiffs' Motion for Preliminary Approval of Class Action Settlement (the "Preliminary Approval 25 Settlement Class as required in said Preliminary Approval Order, with no objection having been 27 made by any member of the Settlement Class to the proposed settlement, and the Court having 28

FINAL APPROVAL ORDER

On April 20, 2011, Representative Plaintiff Doris Olivares, individually and on behalf of a Bath & Body Works, LLC, in the Superior Court of the State of California, County of San Mateo. On 5 Hepsley and Nancy Rheeston as Representative Plaintiffs. That action is known as Doris Olivares, et al. 8 Order 7-2001, and §§ 510 and 1198 of the California Labor Code for an alleged failure to pay overtime; 11 Constitution. Defendant denied all of Plaintiffs' allegations and denied liability on all claims. 17 Parties reached a settlement subject to Court approval as represented in the Stipulation of Class Action 21

On March 1, 2013, this Court conducted a Final Settlement Fairness Hearing pursuant to Rule 23(e) of the Federal Rules of Civil Procedure and this Court's previous Order Granting 24

Order") entered herein on October 29, 2012. Due and adequate notice having been given to the 26 considered all papers filed and proceedings had herein and otherwise being fully informed in the 2 matter, and good cause appearing therefore: 3

5 the proceedings of the Preliminary Approval hearing, which are adopted and incorporated herein 6 by reference, this Court finds that the applicable requirements of Rule 23(e) of the Federal Rules of Court hereby makes final its earlier provisional certification of the Class, as set forth in the 9

2. This Final Approval Order hereby adopts and incorporates by reference the terms and conditions of the Parties' Stipulation, together with the definitions of terms used and contained 12 therein. 13 and over all parties to the Class Action, including all members of the Settlement Class. 15

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

1. For the reasons set forth in the Preliminary Approval Order and in the transcript of Civil Procedure have been satisfied with respect to the Class and the proposed ...


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