Nicole Romano v. SCI Direct, Inc., et al, No. 2:2017cv03537 - Document 152 (C.D. Cal. 2019)
Court Description: FINAL JUDGMENT GRANTING FINAL APPROVAL AND ATTORNEYS FEES IN PART 144 , 145 by Judge Otis D. Wright, II:The Court finds the Settlement was entered into in good faith, that the Settlement is fair, reasonable and adequate, and that the Settlement sati sfies the standards and applicable requirements for final approval of this class action settlement. Upon entry of this Order, compensation to the participating members of the Class shall be effected pursuant to the terms of the Settlement Agreement. The Court hereby approves the paymentof an incentive award to the Plaintiff James Doyle in the amount of $5,000, tothe Plaintiff Jonathan Bono in the amount of $5,000, and to the PlaintiffNicole Romano in the amount of $7,500. The Cour t approves the payment of attorneys fees to Class Counsel in the sum of $706,500.00, and the reimbursement of litigation expenses in the sum of $20,786.05.The Court approves and orders payment in an amount commensurate with Simpluriss actual costs of $5,500 to Simpluris for performance of its settlement claims administration services. (SEE DOCUMENT FOR OTHER SPECIFICS). (MD JS-6, Case Terminated).. (MD JS-6, Case Terminated). (lc)
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Nicole Romano v. SCI Direct, Inc., et al Doc. 152 1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 Case No. 2:17-cv-03537-ODW-JEM NICOLE ROMANO, JONATHAN BONO, and JAMES DOYLE, individually and on behalf of all others similarly situated, vs. Hon. Otis D. Wright II FINAL JUDGMENT GRANTING FINAL APPROVAL AND ATTORNEYS’ FEES IN PART Plaintiffs, SCI DIRECT, INC., TRIDENT SOCIETY INC., NEPTUNE SOCIETY OF AMERICA, INC., and NEPTUNE MANAGEMENT CORP., (ECF Nos. 144, 145) Defendants. 22 23 This matter came before the Court for a hearing on November 18, 2019, on the 24 application of the Settling Parties for approval of the Settlement set forth in 25 the Settlement Agreement and Release dated December 20, 2018 (“Settlement” or 26 “Settlement Agreement”). 27 Class, and the Court having considered all papers filed and proceedings had Due and adequate notice having been given to the 28 1 Dockets.Justia.com 1 herein and otherwise being fully informed in the premises and good cause 2 appearing therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED 3 that: 4 1. This Judgment also incorporates by reference the definitions in the 5 Settlement Agreement, and all terms used herein shall have the same 6 meanings as set forth in the Settlement Agreement, unless otherwise set 7 forth herein. 8 2. This Court has jurisdiction over the subject matter of the Action and 9 over all of the parties to the Action. As fully set forth in the Final 10 Approval Order and pursuant to Rule 23 of the Federal Rules of Civil 11 Procedure, the Court certifies the Class for the purpose of administering 12 the Settlement. The Class is defined as: any individual, who contracted 13 with or provided services to Defendants or affiliated companies, as an 14 independent sales representative in California 15 February 1, 2019 16 Defendants, their parents, affiliates, or subsidiaries; the Judge or 17 Magistrate Judge to whom the Actions are assigned; and, any member 18 of those Judges’ staffs or immediate families. With respect to the Class, 19 this Court finds, solely for the purposes of the Settlement, that the 20 prerequisites for a class action under Rules 23(a) and (b)(3) of the Federal 21 Rules of Civil Procedure have been satisfied. from May 18, 2014 to Excluded from the Class are any employees of 22 3. The Class Notice provided to the Settlement Class conforms with the 23 requirements of Federal Rule of Civil Procedure 23, the California and 24 United States Constitutions, and any other applicable law, and constitutes 25 the best notice practicable under the circumstances of those proceedings 26 and the matters set forth therein, by providing individual notice to all Class 27 Members who could be identified through reasonable effort, and by 28 providing due and adequate notice of the proceedings and of the matters set 2 1 forth therein to the other Class Members. The notice fully satisfied the 2 requirements of Rule 23 of the Federal Rules of Civil Procedure, the 3 requirements of due process and any other applicable law. 4 4. The Court finds the Settlement was entered into in good faith, that the 5 Settlement is fair, reasonable and adequate, and that the Settlement satisfies 6 the standards and applicable requirements for final approval of this class 7 action settlement under California and federal law, including the provisions of 8 Federal Rule of Civil Procedure 23. 9 range of possible approval as fair, adequate and reasonable, appears to 10 be the product of arms-length and informed negotiations, and treats all 11 members of the Class fairly. The Court approves the Settlement Amount of 12 $1,625,000. 13 14 The Settlement falls within the 5. 1 Class Member has objected to the terms of the Settlement. His objection is overruled. 15 6. 17 Class Members have requested exclusion from the Settlement. 16 Accordingly, Dewitt Latham, Felicia Horton, Terry Guoin, Ryan Hoffman, 17 Jandy Guerrero Quismundo, Jeffrey Okun, John Willis, Ryan Deyoung, 18 Delane Pate, Holly Karpiak, Claudia Marky, Nancy Miller, Vicky Dorian 19 Hoffman, Suzana Willis, Sandy Dorian, Jill Augustine Sutherland and 20 Diane Everett are excluded 21 7. Upon entry of this Order, compensation to the participating members of the 22 Class shall be effected pursuant to the terms of the Settlement Agreement. 23 8. In addition to any recovery that Plaintiffs may receive under the 24 Settlement, and in recognition of the Plaintiffs’ efforts and risks taken 25 on behalf of the Settlement Class, the Court hereby approves the payment 26 of an incentive award to the Plaintiff James Doyle in the amount of $5,000, to 27 28 3 1 the Plaintiff Jonathan Bono in the amount of $5,000, and to the Plaintiff 2 Nicole Romano in the amount of $7,500.1 3 9. The Court approves the payment of attorneys’ fees to Class Counsel in the sum 4 of $706,500.00, and the reimbursement of litigation expenses in the sum of 5 $20,786.05. 6 10. The Court approves and orders payment in an amount commensurate with 7 Simpluris’s actual costs of $5,500 to Simpluris for performance of its 8 settlement claims administration services. 9 11. Upon the Effective Date, the Plaintiffs and all members of the Class, shall 10 have, by operation of this Order and the accompanying Judgment, fully, 11 finally and forever released, relinquished, and discharged the Released 12 Persons, defined in the Settlement Agreement as “Released Persons” to 13 mean Defendant SCI Direct (as defined in the Settlement Agreement), and its 14 respective owners, agents, attorneys, insurers, past, present and future 15 divisions, affiliates, DBAs (if any), predecessors, successors, shareholders, 16 officers, 17 administrators, fiduciaries, assigns, subrogees, executors, partners, parents, 18 subsidiaries, privies, and/or any and all persons and/or corporate entities 19 acting by, through, under or in concert with any of them, from the 20 PAGA claims, defined in the Settlement Agreement as any and all claims, 21 debts, liabilities, demands, obligations, guarantees, costs, expenses, 22 attorneys’ fees, damages, or causes of action, which related to any and 23 all claims which were alleged, could have been alleged based or covered 24 by this Agreement during the Class Period, including the date of 25 preliminary approval of this proposed Settlement under any state or local law, 26 and shall specifically include, penalties or any other damages or claims 27 28 directors, managers, employees, trustees, representatives, The Court mentioned an increase for Mr. Bono in the hearing on November 18, 2019; however, the Court approves an increase for Ms. Romano given counsel’s arguments regarding her efforts. 1 4 1 under the Private Attorneys General Act, Labor Code § 2699, et seq., 2 which were alleged, could have been alleged or set forth in this 3 Agreement, and shall be inclusive of Class Representatives’ attorney’s fees 4 and costs. Upon the Effective Date, Plaintiffs and all members of the 5 Class shall be and are hereby permanently barred and enjoined from the 6 institution or prosecution of any and all claims under the Private Attorneys 7 General Act, Labor Code § 2699, et seq., against any and all of the Released 8 Parties under the terms of the Settlement Agreement. 9 12. Upon the Effective Date, the Plaintiffs and all members of the Class, except 10 the excluded individuals referenced in paragraph 8 of this Order, shall 11 have, by operation of this Order and the accompanying Judgment, fully, 12 finally and forever released, relinquished, and discharged the Released 13 Persons, defined in the Settlement Agreement as “Released Persons” to 14 mean Defendant SCI Direct (as defined in the Settlement Agreement), and its 15 respective owners, agents, attorneys, insurers, past, present and future 16 divisions, affiliates, DBAs (if any), predecessors, successors, shareholders, 17 officers, 18 administrators, fiduciaries, assigns, subrogees, executors, partners, parents, 19 subsidiaries, privies, and/or any and all persons and/or corporate entities 20 acting by, through, under or in concert with any of them, from the Released 21 Claims, defined in the Settlement Agreement as any and all claims, 22 debts, liabilities, demands, obligations, guarantees, costs, expenses, 23 attorneys’ fees, damages, or causes of action, which related to any and 24 all claims which were alleged, could have been alleged based or covered 25 by this Agreement during the Class Period, including the date of 26 preliminary approval of this proposed Settlement under any federal, state 27 or local law, and shall specifically include, but is not limited to claims 28 for failure to provide accurate wage statements, claims for the failure to directors, managers, employees, 5 trustees, representatives, 1 reimburse reasonable business expenses, penalties under Labor Code 2 § 226.8, penalties under Labor Code § 558, violations of Business and 3 Professions Code §§ 17200, et seq., wage and time penalties any similar 4 claims and any related statutory and/or civil penalties, which were alleged, 5 could have been alleged or set forth in this Agreement, and shall be inclusive 6 of Class Representatives’ attorney’s fees and costs. Upon the Effective 7 Date, 8 permanently barred and enjoined from the institution or prosecution of any and 9 all of the Released Claims against any and all of the Released Parties 10 Plaintiffs and all members of the Class shall be and are hereby under the terms of the Settlement Agreement. 11 13. Upon completion of administration of the Settlement, the Parties shall file a 12 declaration setting forth that claims have been paid and that the terms 13 of the Settlement have been completed. 14 14. This “Judgment” is intended to be a final disposition of the above 15 captioned action in its entirety, and is intended to be immediately 16 appealable. 17 15. Neither the Settlement Agreement nor the Settlement contained herein, nor any 18 act performed or document executed pursuant to or in furtherance of the 19 Settlement Agreement or Settlement is or may be deemed to be or maybe used 20 as an admission of, or evidence of: (a) the validity of any Released Claim, or 21 of any liability, fault or other wrongdoing of any kind; (b) the validity 22 or invalidity of any claims asserted by the Plaintiffs or the amount of 23 recoverable damages in connection with those claims; or (c) any infirmity 24 in the defenses that have been or could have been asserted in the Action. The 25 Released Parties may file the Settlement Agreement and/or the Final 26 Judgment in any action that may be brought against them in order to support 27 a defense or counterclaim based on principles of res judicata, collateral 28 6 1 estoppel, release, good faith settlement, or any other theory of claim 2 preclusion or issue preclusion or similar defense or counterclaim. 3 16. The Action is dismissed with prejudice, permanently barring the Plaintiffs and 4 all other members of the Class (other than those members of the Class who 5 timely and validly opted out of the settlement) from prosecuting any of 6 the Released Claims. 7 continuing jurisdiction over the above-captioned matters, the Plaintiffs, the 8 Class, and Defendants for the purposes of supervising the implementation, 9 effectuation, enforcement, construction, administration and interpretation 10 The Court reserves and retains exclusive and of the Settlement Agreement and this Judgment. 11 12 IT IS SO ORDERED. 13 14 Dated: November 18, 2019 ____________________________ Honorable Otis D. Wright II United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7
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