United States District Court, E.D. California
GEORGE HOZI, individually, and on behalf of other members of the general public similarly situated; MANUEL CHAVIRA, individually, and on behalf of other members of the general pubic similarly situated, Plaintiffs,
INTEGRATED ENERGY TECHNOLOGIES INC., an unknown business entity; DONCASTERS GCE, an unknown business entity; and DOES 1 through 100, inclusive, Defendants.
Aiwazian Attorneys for Plaintiffs
[PROPOSED] ORDER GRANTING
PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
HONORABLE JOHN A. MENDEZ JUDGE
matter has come before the above-entitled Court on Plaintiffs
George Hozi and Manuel Chavira's ("Plaintiffs")
Motion for Preliminary Approval of Class Action Settlement.
Having considered the Motion, points and authorities and
declarations submitted in support of the Motion, including
the Joint; Stipulation and Settlement Agreement of Class
Action and PAGA Claims ("Settlement,"
"Agreement," or "Settlement Agreement")
entered into by and between Plaintiffs, on behalf of
themselves and the Class, and Defendant Doncasters U.S.
Fabrications Inc., formerly known as Integrated Energy
Technologies Inc ("Defendant") and the Notice of
Class Action Settlement ("Notice"), and
GOOD CAUSE appearing, IT IS
ORDERED that the Motion is GRANTED,
subject to the following findings and orders:
Order incorporates by reference the definitions in the
Settlement Agreement, which, together with the exhibits
annexed thereto, set forth the terms and conditions for
settlement of the Action, and all terms defined therein shall
have the same meaning in this Order as set forth in the
appears to the Court on a preliminary basis that the
Settlement is fair, adequate, and reasonable. It appears to
the Court that extensive and costly investigation and
research have been conducted such that counsel for the
Parties, at this time, are able to reasonably evaluate their
respective positions. It further appears to the Court that
the Settlement, at this time, will avoid substantial
additional costs by all Parties, as well as avoid the delay
and risks that would be presented by the further prosecution
of the Action. It further appears that the Settlement has
been reached as the result of intensive, serious, and
non-collusive arms-length negotiations, and was entered into
in good faith.
Court hereby grants Plaintiffs leave to file the [Proposed]
Second Amended Complaint for Damages and Enforcement Under
the Private Attorneys General Act, California Labor Code
§ 2698, Et Seq. ("Second Amended Complaint")
which is attached hereto as "EXHIBIT
1." The Second Amended Complaint shall be
deemed filed as of the latter of the date of this Order or
December 13, 2019 (i.e., the date on which the expiration of
the 65-day notice period under PAGA will conclude), and shall
be the operative complaint in the action for purposes of the
Settlement, including the release of claims. In the event
that the Settlement does not become final, the Second Amended
Complaint shall be deemed stricken, null and void ab
initio, with the previously-filed First Amended Class
Action Complaint for Damages being deemed the operative
Court preliminarily finds that the Settlement appears to be
within the range of reasonableness of a settlement that could
ultimately be given final approval by this Court. The Court
has reviewed the monetary recovery that is being granted as
part of the Settlement and preliminarily finds that the
monetary settlement awards to Settlement Class Members are
fair, adequate, and reasonable when balanced against the
probable outcome of further litigation relating to liability
and damages issues. The Court hereby preliminarily approves
the Settlement Agreement.
settlement purposes only, the Court hereby conditionally
certifies the following Class:
current and former non-exempt, hourly employees employed by
Defendant in California at any time from May 4, 2014 to the
date of this Order.
Court preliminarily finds that Plaintiffs are suitable
representatives for the Class and hereby preliminarily
appoints them as representatives for the Class conditionally
certified by this Order.
Court hereby preliminarily appoints Edwin Aiwazian, Arby
Aiwazian, and Joanna Ghosh of Lawyers for Justice,
PC ("Class Counsel") as counsel for the Class,
pursuant to Federal Rule of Civil Procedure 23(g). The Court
preliminarily finds that Class Counsel has demonstrable
experience litigating, certifying, and settling class
actions, and will serve as adequate counsel for the Class
conditionally certified by this Order.
Class Counsel are authorized to act on behalf of Class
Members with respect to all acts or consents required by, or
which may be given pursuant to, the Settlement, and such
other acts reasonably necessary to consummate the Settlement.
Any Class Member may enter an appearance through counsel of
such individual's own choosing and at such
individual's own expense. Any Class Member who does not
enter an appearance or appear on his or her own will be
represented by Class Counsel.
Court hereby appoints Simpluris, Inc. ("Simpluris")
as the Administrator to administer the Settlement pursuant to
the terms of the Settlement Agreement.
Pursuant to California Labor Code section 2699(1), the Court
has reviewed and hereby preliminarily approves the sum of
Twenty Thousand Dollars ($20, 000) of the Maximum Settlement
Amount to be paid as penalties pursuant to the California
Labor Code Private Attorneys General Act ("PAGA
Payment"). The Court preliminarily approves payment of
seventy-five percent (75%) of the PAGA Payment (i.e., $15,
000) to the Labor and Workforce Development Agency
("LWDA Payment") and inclusion of twenty-five
percent (25%) of ...