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14-1804 - Palacios et al v. Penny Newman Grain Co. et al


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14-1804 - Palacios et al v. Penny Newman Grain Co. et al
July 6, 2015
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ORDER signed by Judge Kimberly J. Mueller on 7/2/15 ORDERING that plaintiff's motion for preliminary approval of class action settlement is GRANTED as follows: Conditional certification of the following class is granted: [T]he non-exempt employees of Defendant Universal Ag Services who worked at the facilities operated by Defendant Penny Newman in CA at any point in time from 8/10/10 to 1/15/15, and who do not properly and timely opt out of the Settlement Class by having requested exclusion; Plaintiffs Jesus Palacios, Jose Palacios, Alejandro Herrera Aguilar, Edgar Torres, and Sabas Medina are appointed as class representatives for the class; Gilardi & Co., LLC is appointed as claims administrator; California Rural Legal Assistance Foundation and the Law Offices of John E. Hill are appointed as class counsel; Preliminary approval of the settlement is granted; Approval of the proposed notice is granted; The proposed final hearing schedule is adopted as set forth above, with the Final Approval Hearing set for 1/15/16 at 10:00 a.m. in Courtroom 3; Class counsel and plaintiff shall file a motion for attorney's fees, costs, and class representative payment on or before the date the class administrator mails the class packets to class members. To the extent a party wishes to submit documents for in camera review to facilitate the final fairness determination under Rule 23, those submissions should be filed in the following manner. The party shall submit the documents for conventional filing or lodging in accordance with E.D. Cal. Local Rule 130(b), and notice of the in camera submission shall be served on all parties. The notice and conventional filing or lodging shall indicate conspicuously that the submission is for in camera review only. (Becknal, R)
July 24, 2015
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STIPULATION and ORDER 30 re further Class Notice by Publication signed by Judge Kimberly J. Mueller on 7/24/2015. Court hereby APPROVES foregoing Stipulation amending Settlement Agreement and ORDERS that additional forms ofNotice to those class members set forth in that Stipulation will be provided. Court finds that, under the circumstances, Notice by Publication as provided in Stipulation will provide best form of Notice to missing class members. Specifically, in addition to mailing class notice of proposed settlement to all class members whose addresses are known, Notice by Publication to remaining class members will be provided in accordance with parties' Stipulation. The cost of additional measures will be advanced by Gilardi & Co. and paid out of $30,000 maximum allocated to costs of claims administration in Proposed Settlement Agreement and preliminarily approved by the Court in its 7/6/2015 28 Order. (Marciel, M)
May 27, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 05/26/16 ORDERING that 32 Motion for Judgment is GRANTED; the court APPROVES the class settlement as follows: The court AWARDS an incentive payment of $10,000 to Edgar Torres and $5,000 each to class representatives Jesus Palacios, Jose Palacios, Alejandro Herrera Aguilar, and Sabas Medina; The court APPROVES Central California Legal Services (CCLS) as the cy pres beneficiary; The court AWARDS administration costs in the amount of $20,000 to the class administrator Gilardi & Co. LLC; The court APPROVES the PAGA payment of $7,500 to be distributed to the California Labor Workforce Development Agency; and The court APPROVES attorneys' fees in the amount of $150,000.00; The court APPROVES reimbursement of costs in the amount of $7,018.83. (Benson, A)