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Dones v. Primeflight Aviation Services, Inc.

United States District Court, N.D. California, Oakland Division

September 16, 2019

Edgardo Dones, Romeo Vite, Emmanuel Berjamin, on behalf of themselves, others similarly situated, and general public, Plaintiffs,
v.
Primeflight Aviation Services, Inc., and DOES 1-25, Defendants.

          ARLO GARCIA URIARTE, UN KEI WU, ERNESTO SANCHEZ, DANIEL P. IANNITELLI, ATTORNEYS FOR PLAINTIFFS EDGARDO DONES ROMEO VITE EMMANUEL BERJAMIN

          [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND MOTION FOR ATTORNEY'S FEES, COSTS, AND PLAINTIFFS' ENHANCEMENT

          HON. YVONNE GONZALEZ ROGERS JUDGE

         I. BACKGROUND

         Plaintiffs Edgardo Dones, Romeo Vite, and Emmanuel Berjamin filed this action on October 30, 2017, asserting claims for: (1) unpaid wages; (2) failure to pay overtime compensation; (3) failure to provide meal period compensation; (4) failure to provide rest period compensation (5) waiting time penalties; (6) failure to furnish accurate wage statements; and (7) unfair competition (Cal. Bus. Prof. Code §§ 17200 et seq.) Defendant removed the action to federal court on March 8, 2018, pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1332(d).

         In September 2018, the Parties engaged in a mediation session with Mark Peters of Duckworth & Peters, LLP. At the mediation, the Parties came to terms on the major elements of this Settlement (attached hereto as Exhibit 1), which only involves Defendant's non-exempt, hourly employees who did not enter into arbitration agreements with Defendant. Those employees who did sign arbitration agreements will not be impacted by the Settlement; they will retain their potential claims and the right to pursue them individually. Plaintiff Romeo Vite is one of these employees who entered into an arbitration agreement with Defendant; he has agreed to a separate, individual settlement. The Court granted preliminary approval of the Settlement on April 12, 2019.

         As part of preliminary approval, the Court conditionally certified, for settlement purposes only, the following Rule 23(b)(3) Class:

Settlement Class
All current and former hourly or non-exempt employees of Defendant Primeflight Aviation Services, Inc. who worked in the State of California at any time from four years preceding the date of filing of this action through April 12, 2019, and who did not enter into an arbitration agreement with Defendant.

         Following the Court's order granting the motion for preliminary approval, the approved Settlement Administrator, CPT Group, Inc., provided a Court-approved Notice of Class Action Settlement to members of the Class, who were given an opportunity to opt out or object to the settlement over a sixty-day period. Now before the court is Plaintiffs' Motion for Final Approval of Class Action Settlement.

         II.DISCUSSION

         A. TERMS OF SETTLEMENT AGREEMENT

         The Maximum Settlement Amount is $444, 000. This amount is non-reversionary and there was no claims requirement. Defendant will fund the settlement with two separate payments; the first payment shall be made no later than ten (10) business days after the Court signs this Final Approval Order and Final Judgment. The second payment shall be made no later than sixty (60) calendar days after the first payment is made.

         The Net Settlement Amount is the Maximum Settlement Amount minus the following:

• $133, 200 in attorney's fees (30% of the entire fund) for Class Counsel, Arlo Uriarte of Liberation Law Group, P.C.;
• $4, 735.01 in accrued litigation costs for Class Counsel;
• $9, 000 in settlement administration costs for CPT Group, Inc.
• Enhancement Awards for Plaintiffs Edgardo Dones and Emmanuel Berjamin in the amounts of $6, 000 each ($12, 000 total); and
• Employee and employer payroll taxes.

         The Net Settlement Amount will be distributed in a specific ...


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