Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Fernandez v. Victoria'S Secret Stores, LLC

United States District Court, C.D. California

November 21, 2017

MAYRA CASAS, JULIO FERNANDEZ, individuals, on behalf of themselves and all others similarly situated, Plaintiff,
v.
VICTORIA'S SECRET STORES, LLC, a business entity of unknown form, LIMITED BRANDS, a business entity of unknown form, and DOES 1 through 100, inclusive, Defendants.

          ORDER FINALLY APPROVING CLASS ACTION SETTLEMENT AND ENTERING JUDGMENT DISMISSING THE ACTION WITH PREJUDICE

          HON. GEORGE H. WU, UNITED STATES DISTRICT JUDGE

         This matter came on for hearing on November 20, 2017, upon the Motion for Final Approval of the proposed settlement of this action on the terms set forth in the Joint Stipulation re: Class Action Settlement (the “Settlement” or “Stipulation”), attached hereto as Exhibit 1, and the First Addendum to Joint Stipulation re: Class Action Settlement (the “First Addendum”), attached hereto as Exhibit 2. Due and adequate notice having been given to the members of the Class, and having considered the Settlement and the First Addendum thereto, all papers and proceedings held herein, and all oral and written comments received regarding the proposed Settlement, and having reviewed the entire record in this action, Case No. 2:14-cv-06412 GW (VBKx), entitled Mayra Casas, et al. v. Victoria's Secret Stores, LLC, et al. (the “Action”), and good cause appearing, the Court finds that:

         WHEREAS, plaintiffs MAYRA CASAS and JULIO FERNANDEZ have alleged claims against defendant VICTORIA'S SECRET STORES, LLC (“Defendant”) on behalf of themselves and on behalf of others similarly situated, comprising all current and former employees of Defendant, who worked in California during the period from July 9, 2010 to August 11, 2017, and who were classified as non-exempt from overtime pay, excluding Defendant, its owners, directors, officers, executives, and all management personnel whose responsibility it was to maintain and/or enforce the policies, procedures, customs and/or business practices complained of in the Action; and

         WHEREAS, Plaintiffs assert claims against Defendant for (1) failure to pay reporting time pay for regular shifts; (2) failure to pay reporting time pay for “call-in” shifts; (3) failure to pay overtime compensation; (4) failure to pay minimum wages; (5) failure to maintain required business records; (6) failure to provide accurate itemized wage statements; (7) failure to pay all wages earned at termination; (8) unlawful business practices; (9) unfair business practices; (10) failure to pay split shift premiums; (11) unreimbursed business expenses; and (12) civil penalties based on these alleged violations; and

         WHEREAS, Defendant expressly denies the allegations of wrongdoing and violations of law alleged in this Action, and further denies any liability whatsoever to Plaintiffs or to the Class Members; and

         WHEREAS, without admitting any liability, claim, or defense, Plaintiffs and Defendant (collectively, the “Parties”) determined that it was mutually advantageous to settle this Action and to avoid the costs, delay, uncertainty, and business disruption of ongoing litigation; and

         WHEREAS, the Parties agreed to resolve the Action and entered into the Stipulation in and about February and March, 2017, and the First Addendum on or about July 28, 2017, which together provide for a complete dismissal, with prejudice, of the claims asserted in the Action against Defendant on the terms and conditions set forth in the Stipulation and the First Addendum, subject to the approval of this Court; and

         WHEREAS, this Court granted preliminary approval of the Parties' Settlement in this Action on or about August 11, 2017 (the “Preliminary Approval Order”); and

         WHEREAS, notice to the Class Members was sent in accordance with the Stipulation and the Preliminary Approval Order; and

         WHEREAS, a fairness hearing on the proposed Settlement having been duly held and a decision reached;

         NOW, therefore, the Court grants final approval of the Settlement, and

         IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

         1. To the extent defined in the Joint Stipulation re: Class Action Settlement, attached hereto as Exhibit 1 and the First Addendum thereto, attached hereto as Exhibit 2, and incorporated herein by reference, the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.