United States District Court, N.D. California, Oakland Division
Edgardo Dones, Romeo Vite, Emmanuel Berjamin, on behalf of themselves, others similarly situated, and general public, Plaintiffs,
Primeflight Aviation Services, Inc., and DOES 1-25, Defendants.
GARCIA URIARTE, UN KEI WU, ERNESTO SANCHEZ, DANIEL P.
IANNITELLI, ATTORNEYS FOR PLAINTIFFS EDGARDO DONES ROMEO VITE
[PROPOSED] ORDER GRANTING
FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND MOTION FOR
ATTORNEY'S FEES, COSTS, AND PLAINTIFFS'
YVONNE GONZALEZ ROGERS JUDGE
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).
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.
of preliminary approval, the Court conditionally certified,
for settlement purposes only, the following Rule 23(b)(3)
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
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.
TERMS OF SETTLEMENT AGREEMENT
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
Settlement Amount is the Maximum Settlement Amount minus the
• $133, 200 in attorney's fees (30% of the entire
fund) for Class Counsel, Arlo Uriarte of Liberation Law
• $4, 735.01 in accrued litigation costs for Class
• $9, 000 in settlement administration costs for CPT
• Enhancement Awards for Plaintiffs Edgardo Dones and
Emmanuel Berjamin in the amounts of $6, 000 each ($12, 000
• Employee and employer payroll taxes.
Settlement Amount will be distributed in a specific ...