-VBK Joshua Munoz v. J.C. Penney Corporation, Inc. et al, No. 2:2009cv00833 - Document 93 (C.D. Cal. 2010)

Court Description: FINAL JUDGMENT AND ORDER OF DISMISSAL re stipulation of settlement and release 66 by Judge Otis D Wright, II: Initiative Legal Group APC (ClassCounsel) for costs and attorneys fees award against Defendants is herebygranted. Defendants shall pay � 36;1,875,000 in fees and litigation costs of $75,000to Class Counsel.The Court also awards a class representative enhancement of$15,000 to Plaintiff Joshua Munoz. The class representative enhancement shallbe paid in accordance with the term s of the Settlement Agreement. The ClaimsAdministrator, Rust Consulting, Inc., shall be paid for actual administrativeexpenses not to exceed $213,000 in accordance with the terms of the SettlementAgreement. The Court approves the allocation of & #036;100,000 from the TotalSettlement Amount as penalties in connection with claims under the CaliforniaLabor Code Private Attorneys General Act of 2004 (PAGA). Pursuant toPAGA, 75 percent of this allocation, or $75,000, will go to the Labor Wor kforceDevelopment Agency (LWDA). The remaining 25% of the allocation, or$25,000, will remain as part of the Net Settlement Amount for distribution toParticipating Class Members.This action is hereby dismissed on the merits, with prejudice.Court shall retain jurisdiction of this action. Jurisdiction shall beretained consistent with the Settlement Agreements provisions. (MD JS-6, Case Terminated). (lc)

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-VBK Joshua Munoz v. J.C. Penney Corporation, Inc. et al Doc. 93 1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA Initiative Legal Group APC 1800 CENTURY PARK EAST, SECOND FLOOR, LOS ANGELES, CALIFORNIA 90067 10 11 12 JOSHUA MUNOZ, individually, and on behalf of other members of the general public similarly situated, Plaintiff, 13 14 vs. 17 J.C. PENNEY CORPORATION, INC., a Delaware corporation; J.C. PENNEY COMPANY, INC., and a Delaware corporation; DOES 1 through 10, inclusive, 18 Defendants. 15 16 Case No.: CV09-00833 ODW (VBKx) Hon. Otis D. Wright II CLASS ACTION FINAL JUDGMENT AND ORDER OF DISMISSAL Date: Time: Place: September 13, 2010 1:30 p.m. Courtroom 11 Filed: May 19, 2008 Removed: February 3, 2009 19 20 21 22 23 24 25 26 27 28 CV09-00833 ODW (VBKX) FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE Dockets.Justia.com 1 The Court has received and considered the proposed Joint Stipulation of 2 Settlement and Release (hereinafter the “Settlement Agreement”), which is 3 incorporated herein by reference, including the adoption of defined terms. The 4 Court has previously granted conditional class certification; has been informed 5 by declaration that notice of the settlement has been given to the Class (as 6 defined below); has held a final fairness hearing at which all parties appeared by 7 their counsel and at which the Court afforded Class Member Debbie Figueroa an 8 opportunity to object to the Settlement Agreement; has received and reviewed 9 briefing and evidence, including supplemental briefing and evidence, as to why Initiative Legal Group APC 1800 CENTURY PARK EAST, SECOND FLOOR, LOS ANGELES, CALIFORNIA 90067 10 the proposed settlement is fair, adequate and in the best interests of the 11 represented class; and has considered all other arguments and submissions in 12 connection with the proposed settlement, including Ms. Figueroa’s objection. 13 14 15 NOW THEREFORE, GOOD CAUSE APPEARING, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. The Settlement Agreement and the terms therein are fair, 16 reasonable, and adequate as to the settling parties, including the Class, and is 17 hereby finally approved in all respects. The parties are hereby directed to 18 perform according to the Settlement Agreement’s terms. 19 2. Having considered the papers, evidence and oral argument 20 pertaining to the objection of Debbie Figueroa, the Court finds that the Release, 21 as drafted by the parties and disseminated to the Class, is fair, adequate, and 22 reasonable, and on that basis overrules Ms. Figueroa’s objection in its entirety. 23 3. The Class represented herein by Plaintiff is defined as follows: All 24 current and former non-exempt employees of Defendants J.C. Penney 25 Corporation, Inc. and J.C. Penney Company, Inc. (collectively, “Defendants”) in 26 California retail stores between May 19, 2004 and December 21, 2009 (or if any 27 such person is incompetent or deceased, the person’s legal guardian, executor, 28 heir or successor in interest). Page 1 CV09-00833 ODW (VBKX) FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE 1 4. The unopposed application of Initiative Legal Group APC (“Class 2 Counsel”) for costs and attorneys’ fees award against Defendants is hereby 3 granted. Defendants shall pay $1,875,000 in fees and litigation costs of $75,000 4 to Class Counsel, with the payment to be made as provided for in the Settlement 5 Agreement. 6 5. The Court also awards a class representative enhancement of 7 $15,000 to Plaintiff Joshua Munoz. The class representative enhancement shall 8 be paid in accordance with the terms of the Settlement Agreement. The Claims 9 Administrator, Rust Consulting, Inc., shall be paid for actual administrative Initiative Legal Group APC 1800 CENTURY PARK EAST, SECOND FLOOR, LOS ANGELES, CALIFORNIA 90067 10 expenses not to exceed $213,000 in accordance with the terms of the Settlement 11 Agreement. The Court approves the allocation of $100,000 from the Total 12 Settlement Amount as penalties in connection with claims under the California 13 Labor Code Private Attorneys General Act of 2004 (“PAGA”). Pursuant to 14 PAGA, 75 percent of this allocation, or $75,000, will go to the Labor Workforce 15 Development Agency (LWDA). The remaining 25% of the allocation, or 16 $25,000, will remain as part of the Net Settlement Amount for distribution to 17 Participating Class Members. 18 6. All Class Members, except those who timely opted out of the 19 settlement, are bound by the instant Final Judgment and Order of Dismissal with 20 Prejudice and by the previously approved Settlement Agreement. Each 21 participating Class Member is hereby deemed to have released Defendants and 22 any related parties, as defined in the Settlement Agreement, from the claims 23 described in the Settlement Agreement. 24 7. This action is hereby dismissed on the merits, with prejudice. The 25 26 27 28 Page 2 CV09-00833 ODW (VBKX) FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE 1 2 8. Court shall retain jurisdiction of this action. Jurisdiction shall be retained consistent with the Settlement Agreement’s provisions. 3 4 5 IT IS SO ORDERED. 6 7 8 9 Dated: September 20, 2010 Hon. Otis D. Wright II Judge, U.S. District Court for the Central District of California Initiative Legal Group APC 1800 CENTURY PARK EAST, SECOND FLOOR, LOS ANGELES, CALIFORNIA 90067 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 CV09-00833 ODW (VBKX) FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

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