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Arellano v. Kellermeyer Building Services, LLC

United States District Court, S.D. California

April 22, 2015

AGUSTIN A. ARELLANO AND ANDRES LARA, individuals on behalf of themselves and all others similarly situated, Plaintiffs,
v.
KELLERMEYER BUILDING SERVICES, LLC, Defendant.

ORDER GRANTING (1) FINAL APPROVAL OF CLASS ACTION SETTLEMENT; AND (2) MOTIONS FOR ATTORNEYS' FEES AND COSTS, ENHANCEMENT AWARDS, AND SETTLEMENT ADMINISTRATION (ECF NOS. 57, 59); AND JUDGMENT

CYNTHIA BASHANT, District Judge.

Presently before the Court are motions for attorneys' fees and costs, representative enhancement awards, settlement administration costs, and final approval of the class action settlement entered into between plaintiffs Agustin Arellano, Andres Lara, and Venancia Portillo (collectively "Plaintiffs") and defendant Kellermeyer Building Services, LLC, currently known as Kellermeyer Bergensons Services, LLC ("Defendant") (collectively the "Parties"). Defendant does not oppose the motions and no member of the Settlement Class has filed an objection. The Court held a final approval hearing pursuant to Rule 23(e)(2) of the Federal Rules of Civil Procedure on April 20, 2015. For the reasons set forth below, the Court GRANTS Plaintiffs' motions. (ECF Nos. 57, 59.)

I. BACKGROUND

On March 7, 2013, Plaintiff Arellano commenced this lawsuit against Defendant on behalf of himself and all other persons similarly situated, alleging Defendant violated numerous California state labor laws related to payment of wages, meal, and rest periods, and employee business expenses. Plaintiff Arellano filed a First Amended Complaint on June 12, 2013. (ECF No. 6.) Thereafter, on July 24, 2013, Plaintiff Arellano and newly added named Plaintiff Lara filed the operative complaint, a Second Amended Complaint, alleging they, and other hourly janitors/housekeepers employed by Defendant in California, were: (1) not paid wages owed under California Labor Code sections 203, 204, 218, 218.5, and 218.6; (2) not paid overtime compensation, in violation of California Labor Code sections 510, 1194, and 1198; (3) not provided with meal and rest periods, in violation of California Labor Code sections 226.7 and 512; (4) not provided with itemized wage statements, in violation of California Labor Code section 226; (5) not paid waiting time penalties under Labor Code sections 201-203; (6) subject to Defendant's unfair business practices, in violation of Californi a Business and Professions Code section 17200; (7) not paid split shift premiums under California Labor Code section 204 and IWC Wage Order No. 2 section 4(A)(C); and (8) not reimbursed for incurred mileage expenses and for purchases of slip-resistant shoes, in violation of California Labor Code section 2802. (ECF No. 9.)

On January 28, 2014, Plaintiff Portillo moved to intervene in this action as a plaintiff. (ECF No. 20.) The motion to intervene was granted by this Court on September 15, 2014. (ECF No. 52.)

The Parties reached a class action settlement on the terms and conditions set forth in the Joint Stipulation Of Class Action Settlement And Release Agreement ("Settlement" or "Agreement"), dated November 1, 2014, a copy of which was submitted to the Court for review on November 13, 2014 as Exhibit 1 to the Declaration of Justian Jusuf in support of Plaintiffs' motion for preliminary approval of the proposed class action settlement. (ECF No. 54-2 at pp. 21-61.)[1]

The Settlement is intended to fully resolve all disputes in the following Actions: Portillo v. Kellermeyer Building Services, LLC, Alameda County Superior Court, Case No. RG11 558695, filed on August 10, 2010, as amended on September 19, 2011 (" Portillo "); Kellermeyer Building Services, LLC v. Portillo, Los Angeles County Superior Court, Case No. BC488397, filed on July 18, 2012 (" KBS v. Portillo "); and Arellano v. Kellermeyer Building Services, LLC, United States District Court for the Southern District of California, Case No. 13-cv-00533-BAS-BGS, filed on March 7, 2013, as amended on July 24, 2013 (" Arellano ").

On November 21, 2014, Plaintiffs timely notified the appropriate federal and state officials pursuant to 28 U.S.C. § 1715. (ECF No. 55.) On December 5, 2014, the Court granted preliminary approval of the Settlement, and certified a class for settlement purposes. (ECF No. 56 ("Preliminary Approval Order").) On January 5, 2015, Plaintiffs Arellano and Lara filed a motion for attorneys' fees, costs, and representative enhancements. (ECF No. 57.) On March 12, 2015, Plaintiff Portillo filed a motion for final approval of the Settlement, enhancement awards, settlement administration cost, and attorney fees and costs to Class Counsel. (ECF No. 59.) On March 16, 2015, Plaintiffs Arellano and Lara filed a memorandum of points and authorities in support of Plaintiff Portillo's motion for final approval of the Settlement. (ECF No. 60.)

The Court held a final approval hearing pursuant to Rule 23(e)(2) of the Federal Rules of Civil Procedure on April 20, 2015. Defendant did not file an opposition and represented during the hearing that Defendant does not oppose the motions. No class member has filed an objection. ( See ECF No. 56 at p. 21, ¶ 11.)

II. ORDER & JUDGMENT

Having reviewed the Agreement, Plaintiffs' motions and supporting declarations, and having considered the arguments of counsel, the Court hereby GRANTS Plaintiffs' motions (ECF Nos. 57, 59), and makes the following findings and rulings:

IT IS HEREBY ORDERED:

1. The Court has jurisdiction over this matter pursuant to the Class Action Fairness Act ("CAFA"), 28 U.S.C. § 1332(d).

2. The Court hereby certifies a "Class" or "Settlement Class" defined as follows: "All persons employed by Kellermeyer Bergensons Services, LLC (formerly known as Kellermeyer Building Services, LLC) as janitors/housekeepers in the State of California at any time from August 10, 2006 to October 27, 2014 who did not opt out of the Settlement." The Settlement Class encompasses the Portillo Class, certified by the Alameda County Superior Court on March 26, 2013, including those individuals who previously opted out of the Portillo Class. The Settlement Class does not include Mario Gomez and Maria ...


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