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.

Hozi v. Integrated Energy Technologies, Inc.

United States District Court, E.D. California

November 19, 2019

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,
v.
INTEGRATED ENERGY TECHNOLOGIES INC., an unknown business entity; DONCASTERS GCE, an unknown business entity; and DOES 1 through 100, inclusive, Defendants.

          Edwin Aiwazian Attorneys for Plaintiffs

          [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

          HONORABLE JOHN A. MENDEZ JUDGE

         This 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:

         1. This 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 Settlement Agreement.

         2. It 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.

         3. The 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 complaint.

         4. The 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.

         5. For settlement purposes only, the Court hereby conditionally certifies the following Class:

         All 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.

         6. The 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.

         7. The 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.

         8. 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.

         9. The Court hereby appoints Simpluris, Inc. ("Simpluris") as the Administrator to administer the Settlement pursuant to the terms of the Settlement Agreement.

         10. 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 ...


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.