United States District Court, C.D. California
MAIA BRADESCU, STEVEN LUMINELLI, and VANESSA TAMAYO, on behalf of all others similarly situated, Plaintiffs,
v.
HILLSTONE RESTAURANT GROUP, INC., a Delaware Corporation; and DOES 1 through 10, Defendants.
AMENDED ORDER AND FINAL JUDGMENT GRANTING FINAL
APPROVAL OF CLASS ACTION SETTLEMENT
HONORABLE GEORGE H. WU UNITED STATES DISTRICT JUDGE
This
matter came on for hearing on June 27, 2016, at 8:30 a.m.,
and again on July 7, 2016, at 8:30 a.m., [1] in Department 10
of the United States District Court for the Central District
of California before the Honorable George H. Wu. Due and
adequate notice having been given to the Settlement Class (as
defined below), and the Court having considered all papers
filed and proceedings held herein, all oral and written
comments and any objections received regarding the proposed
settlement, and having reviewed the record in the above
captioned matter, and good cause appearing thereto, IT IS
HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1. The
Court has jurisdiction over the subject matter of the
above-captioned action (the "Action"), the Class
Representatives, Defendant Hillstone Restaurant Group, Inc.
("Hillstone" or "Defendant"), and all
members of the California Settlement Class and the FLSA
Settlement Class, which are defined as follows (the
California Settlement Class and FLSA Settlement Class are
collectively referred to herein as the "Settlement
Class"):
California Settlement Class: All
current and former non-exempt employees of Hillstone who
performed work in California in any Covered Positions
("Covered Positions" means any non-culinary
position, including, but not limited to, Bartender, Service
Bar, Bar Check, Service Bartender, Night Service Bar, Server,
Greeter, Service Assistant, Night Checkout, Cocktail,
Restaurant Other, Rover, Flying Chicken, Cart Driver,
Cleaning R & M, Hourly Manager, and/or Dining Room Key
Employee), between April 5, 2011 through February 23, 2016.
FLSA Settlement Class: All current
and former non-exempt employees of Hillstone employed
throughout the United States (excluding California) who
worked in any Covered Positions ("Covered
Positions" means any non-culinary position, including,
but not limited to, Bartender, Service Bar, Bar Check,
Service Bartender, Night Service Bar, Server, Greeter,
Service Assistant, Night Checkout, Cocktail, Restaurant
Other, Rover, Flying Chicken, Cart Driver, Cleaning R & M,
Hourly Manager, and/or Dining Room Key Employee), between
August 22, 2010 through February 23, 2016.
2. The
terms "Settlement" or "Settlement
Agreement" shall refer to the Settlement Agreement filed
by the Class Representatives as Exhibit A to the Declaration
of Paul K. Haines in Support of Plaintiffs' Supplemental
Brief Regarding Predominance in Support of Motion for
Preliminary Approval, on February 1, 2016 (Docket Entry
136-1), and all terms herein shall have the same meaning as
the terms defined in the Settlement Agreement, unless
specifically provided herein.
3. The
Court grants final approval of the Parties' Settlement
Agreement because it meets the criteria for final settlement
approval. The settlement falls within the range of possible
approval as fair, adequate and reasonable, appears to be the
product of arm's-length and informed negotiations, and
treats all members of the Settlement Class fairly.
4. The
Court finds that the distribution by U.S. first-class mail of
the Class Notice, Claim Form, and Opt-Out Form constituted
the best notice practicable under the circumstances to all
persons within the definition of the Settlement Class and
fully met the requirements of due process under the United
States Constitution and applicable state law. Based on
evidence and other material submitted in conjunction with the
Final Approval Hearing, the Notice to the Settlement Class
was adequate. The Notice informed members of the Settlement
Class of the terms of the Settlement, their right to
participate in the Settlement and how to do so, their right
to object to the Settlement or Class Counsel's Motion for
Attorney's Fees and Costs and the Class
Representatives' Incentive Payments, their right to
appear in person or by counsel at the Final Approval Hearing
and be heard regarding approval of the Settlement and Class
Counsel's motion for Attorney's Fees and Costs and
the Class Representatives' Incentive Payments, and their
right to exclude themselves from the Settlement and pursue
their own remedies. Adequate periods of time were provided by
each of these procedures. No members of the Settlement Class
objected to the Settlement or Class Counsel's motion for
Attorney's Fees and Costs and the Class
Representatives' Incentive Payments, and only 23
California Settlement Class members opted out of the
Settlement.
5. The
Court finds, for purposes of settlement only, that the
Settlement Class satisfies the applicable standards for
certification under Federal Rules 23(a), 23(b)(3) and the
Fair Labor Standards Act. Accordingly, solely for purposes of
effectuating this Settlement, this Court has certified the
Settlement Class, as defined above. Because the Settlement
Class is being certified here for settlement purposes only,
the Court need not (and does not) address the manageability
requirement of Rule 23(b)(3). See Amchem Products, Inc.
v. Windsor, 521 U.S. 591 (1997).
6. The
Court approves the Settlement, and each of the releases and
other terms set forth in the Settlement Agreement, as fair,
just, reasonable and adequate as to the Settlement Class, the
Class Representatives, and Defendant (collectively the
"Settling Parties"). The Settling Parties and the
Claims Administrator are directed to perform in accordance
with the terms set forth in the Settlement Agreement.
7.
Except as to any member of the California Settlement Class
who has validly and timely opted out of the Settlement, and
all Settlement Class members who are solely members of the
FLSA Settlement Class and who did not opt-in, all of the
claims asserted in the Action are dismissed with prejudice as
to the Class Representatives and the members of the
Settlement Class. The Settling Parties are to bear their own
attorney's fees and costs, except as otherwise provided
in the Settlement Agreement.
8. By
this Judgment, the Class Representatives and California
Settlement Class members who have not validly and timely
opted out of the Settlement, and all FLSA Settlement Class
members who have affirmatively opted-in (collectively the
"Releasing Members"), hereby release Defendant and
the Released Parties (as defined in the Settlement Agreement)
from the Released Claims (as defined in the Settlement
Agreement).
9. By
this Judgment, the Releasing Members and Class Counsel shall
be deemed to have released all claims for attorney's fees
and costs incurred in connection with the litigation and
settlement of the Action.
10. The
Action is dismissed on the merits and with prejudice,
permanently barring the Releasing Members from prosecuting
any of the Released Claims. The Court reserves and retains
exclusive and continuing jurisdiction over the Action, the
Class Representatives, the Settlement Class, and Defendant
for the purposes of supervising the implementation,
effectuation, ...