Jason Holloway v. 3M Company, et al, No. 5:2019cv00708 - Document 151 (C.D. Cal. 2021)
Court Description: ORDER AND FINAL JUDGMENT by Judge R. Gary Klausner. IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: The Court, for purposes of this Final Order and Judgment adopts all defined terms as set forth in the Stipulation of Class Action Settlement an d Release Agreement filed in this Action. Plaintiff shall be paid a Class Representative Service Award in the amount of $7,000 from the Maximum Settlement Amount in accordance with the terms of the Stipulation. Class Counsel shall be paid $ 449,500 as their attorneys fees and an amount to be determined by application (Bill of Costs) to the Clerk of Court for reimbursement of costs and expenses from the Maximum Settlement Amount in accordance with the terms of the Stipulation. The Califo rnia Labor and Workforce Development Agency shall be paid $37,500.00 as penalties under the Private Attorneys' General Act. Simpluris, Inc., shall be paid Settlement Administration Costs in the amount of $14,000.00. (MD JS-6, Case Terminated). (See Order for further specifics). (jp)
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Jason Holloway v. 3M Company, et al Doc. 151 1 2 3 JS-6 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 CASE NO. 5:19-cv-00708-RGK (KKx) JASON HOLLOWAY, individually and on behalf of all others similarly situated, [PROPOSED] FINAL ORDER AND JUDGMENT Plaintiff, vs. 3M COMPANY, a Delaware corporation; and DOES 1 through 10, inclusive. Defendants. 19 20 21 22 23 24 25 26 27 28 MATERN LAW GROUP, PC 1230 ROSECRANS A VENUE, STE 200 MANHATTAN BEA CH, CA 90266 1 Dockets.Justia.com 1 Having considered all papers filed in connection with the Final Approval 2 Hearing, including Plaintiff Jason Holloway’s (“Plaintiff”) Motion for Final 3 Approval of Class Action Settlement and Motion for Attorneys’ Fees and Costs and 4 Class Representative Service Award, any oral argument made at the Final Approval 5 Hearing, and good cause appearing, 6 IT IS HEREBY ORDERED, ADJUDGED ANDDECREED AS FOLLOWS: 7 1. The Court, for purposes of this Final Order and Judgment 8 (“Judgment”), adopts all defined terms as set forth in the Stipulation of Class 9 Action Settlement and Release Agreement (“Stipulation”) filed in this Action. 2. 10 11 The Court has jurisdiction over all claims asserted in the Action, Plaintiff, the Class Members, and defendant 3M Company (“Defendant”). 3. 12 The Court finds that the Settlement was made and entered into in good 13 faith and hereby approves the Settlement as fair, adequate and reasonable to all 14 Class Members. Any objections which were submitted, timely or otherwise, have 15 been considered and are overruled. Any Class Members who have not timely and 16 validly requested exclusion from the Class are thus bound by this Judgment. Class Notice 17 4. 18 Notice to Class Members, as set forth in the Stipulation, has been 19 completed in conformity with the terms of the Stipulation and Preliminary 20 Approval Order as to all Class Members who could be identified through 21 reasonable effort. The Court finds that said notice was the best notice practicable 22 under the circumstances. The Notice Packets provided due and adequate notice to 23 Class Members of the proceedings and of the matters set forth therein, including the 24 Settlement, and the manner by which objections to the Settlement could be made 25 and Class Members could opt out of the Settlement. The Notice Packets fully 26 satisfied the requirements of due process. 27 /// 28 /// MATERN LAW GROUP, PC 1230 ROSECRANS A VENUE, STE 200 MANHATTAN BEA CH, CA 90266 1 Objections and Requests for Exclusion 1 2 5. One objection to the Settlement was submitted by Class Member Paul 3 Castellano in accordance with the requirements set forth in the Stipulation and 4 Notice of Settlement. The Court has considered this objection and overrules it. 5 The objection does not raise valid concerns about the Stipulation, the Motion for 6 Final Approval of Class Action Settlement, or the Motion for Attorneys’ Fees and 7 Costs and Class Representative Service Award. 8 9 6. The Court finds that 12 Class Member(s) submitted a valid and timely Request for Exclusion and therefore shall not be bound by the terms of the 10 Stipulation. These class members are: Wester Taylor-Bridgeman, Cam Pham, 11 David Haro, Bronson Mach, Jose Trujillo, Jose Olivas Jr., Charlie Marin, Alex 12 Zambrano, Al Pacheco, Gary White, Ramiro Rodriguez, and Mark Schlott. Release of Claims and Injunction 13 14 7. Plaintiff and all other Class Members, except the Class Member(s) 15 identified in Paragraph 6 above, shall have, by operation of this Judgment, fully, 16 finally, and forever released, relinquished, and discharged the Released Parties from 17 all Released Claims as defined by the Stipulation. Payments Pursuant to the Stipulation 18 19 8. The Court finds that the Maximum Settlement Amount, the Net 20 Settlement Amount, and the methodology used to calculate and pay each Class 21 Member’s Individual Settlement Awards are fair and reasonable, and authorizes the 22 Settlement Administrator to pay the Individual Settlement Awards to the Class 23 Members in accordance with the terms of the Stipulation. 24 9. If an Individual Settlement Award check remains uncashed after 180 25 days from issuance, the Settlement Administrator shall pay over the amount 26 represented by the Individual Settlement Award check to the State Controller’s 27 Office Unclaimed Property Fund, with the identity of the Class Member to whom 28 MATERN LAW GROUP, PC 1230 ROSECRANS A VENUE, STE 200 MANHATTAN BEA CH, CA 90266 2 1 the funds belong. In such event, the Class Member shall nevertheless remain bound 2 by the Settlement. 3 10. Plaintiff shall be paid a Class Representative Service Award in the 4 amount of $7,000 from the Maximum Settlement Amount in accordance with the 5 terms of the Stipulation. The Court finds this amount of be fair and reasonable and 6 sufficiently supported. 7 11. Class Counsel shall be paid $449,500 as their attorneys’ fees and an 8 amount to be determined by application (Bill of Costs) to the Clerk of Court for 9 reimbursement of costs and expenses from the Maximum Settlement Amount in 10 accordance with the terms of the Stipulation. The Court finds these amounts to be 11 fair and reasonable and sufficiently supported. 12 13 14 15 12. The California Labor and Workforce Development Agency shall be paid $37,500.00 as penalties under the Private Attorneys’ General Act. 13. Simpluris, Inc. shall be paid Settlement Administration Costs in the amount of $14,000.00. Other Provisions 16 17 14. The Parties shall implement the Settlement according to its terms. 18 15. The Court reserves exclusive and continuing jurisdiction over the 19 Action, Plaintiff, the Class Members, and Defendant for purposes of supervising the 20 implementation, enforcement, construction, administration and interpretation of the 21 Settlement and this Judgment. 22 16. The Court hereby enters judgment for Plaintiff and the Class Members 23 in accordance with the terms of the Stipulation, and this order is a final and 24 appealable order. 25 26 27 28 MATERN LAW GROUP, PC 1230 ROSECRANS A VENUE, STE 200 MANHATTAN BEA CH, CA 90266 3 1 17. If the Settlement does not become final and effective in accordance 2 with its terms, this Judgment shall be rendered null and void and shall be vacated 3 and, in such event, all related orders entered and all releases delivered in connection 4 herewith also shall be rendered null and void. 5 6 IT IS SO ORDERED. 7 8 9 Dated: June 28, 2021 ______________________________ HON. R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MATERN LAW GROUP, PC 1230 ROSECRANS A VENUE, STE 200 MANHATTAN BEA CH, CA 90266 4
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