Nicole Correa v. Zillow Group, Inc. et al, No. 8:2019cv00921 - Document 54 (C.D. Cal. 2021)
Court Description: FINAL JUDGMENT by Judge Josephine L. Staton. it is hereby ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: The Court confirms that it has jurisdiction over this matter and the parties to it. (See document for further information). In accordance with the Fi nal Approval Order, Class Counsel, Defendant, and the Settlement Administrator are directed to effect allocation and distribution of the New Money Payment as follows: Class Counsel will receive attorneys fees of $275,000 and reimbursement of lit igation expenses in the amount of $9,676.46; the Claims Administrator, ILYM Group, Inc. shall receive $7,500; $40,000 will be deducted for the payment of PAGA Penalties, of which $30,000 will be paid to the California Labor and Wo rkforce Development Agency as the Agencys portion of PAGA penalties and $10,000 will be paid to PAGA Members; Plaintiff Balnicki will receive a service award of $7,500 and Plaintiff Correa will receive a service award of $2,500 from the Settlement Fund for their contribution to the litigation and their services to the Class. (jp)
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Nicole Correa v. Zillow Group, Inc. et al Doc. 54 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 NICOLE CORREA, JOHN BALNICKI, on behalf of themselves and all others 12 similarly situated, ) ) CASE NO.: 8:19-cv-00921-JLS) DFM ) ) ) ) ) FINAL JUDGMENT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 11 Plaintiffs, 13 14 v. 15 ZILLOW, INC., a Washington Corporation, and DOES 1-10, inclusive, 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 0 Dockets.Justia.com 1 On June 14, 2021, the Court entered an Order (1) Granting Plaintiff’s Motion 2 for Final Approval of Class Action Settlement; and (2) Granting in Part Plaintiff’s 3 Motion for Award of Attorneys’ Fees, Reimbursement of Expenses and Service 4 Awards (“Final Approval Order”). (Doc. 52). Pursuant to the Final Approval 5 Order, it is hereby 6 ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: 7 8 9 1. The Court confirms that it has jurisdiction over this matter and the parties to it. 2. The Settlement Agreement (Exhibit B to Desai Decl. ISO Plaintiffs’ 10 Motion for Final Approval) shall be incorporated into this Judgment as though all 11 terms therein are set forth in full, except whereas modified by the Final Approval 12 Order. Any term with initial capitalization that is not defined herein shall have the 13 meaning provided in the Agreement. 14 3. For purposes of this Judgment, pursuant to Rule 23(a) and (b)(3) of the 15 Federal Rules of Civil Procedure, the members of the Settlement Class are those 16 persons meeting the definition of the Class as set forth in the Parties’ Settlement 17 Agreement, and approved by the Court, consisting of the following individuals: 18 19 20 21 22 23 24 25 26 27 All persons who are employed or have been employed by Defendant in the State of California at any time during the Class Period of March 18, 2015 up to and including, January 11, 2021 as a Sales Executive or Business Consultant, or the following related job positions: Inside Sales Consultant, Business Consultant I, Business Consultant II, Senior Business Consultant, Sr. Business Consultant, Senior Business Consultant I, Senior Business Consultant II, Account Sales Executive, Senior Sales Executive, Sr. Sales Executive, Special Project, Special Project Sales Executive, Senior Special Products Sales Executive, Sr. Special Products Sales Executive. The Class Period means March 18, 2015 through January 12, 2021. 4. All members of the Settlement Class shall be deemed to have released all Settled Claims against the Released Parties as defined in the Settlement 28 1 1 Agreement. Entry of this Final Judgment shall constitute a full and complete bar 2 against the Settlement Class Members as to all Released Claims asserted against the 3 Released Parties, and shall constitute res judicata and collateral estoppel with 4 respect to the Released Claims. 5 5. All PAGA Members and the LWDA shall be deemed to have released 6 all Settled PAGA Claims against the Released Parties as defined in the Settlement 7 Agreement. Entry of this Final Judgment shall constitute a full and complete bar 8 against the PAGA Members and the LWDA as to all Settled PAGA Claims asserted 9 against the Released Parties. 10 6. Entry of this Final Judgment shall constitute a full and complete bar 11 against the Plaintiffs as to their respective Individual Release of Claims asserted 12 against the Released Parties, and shall constitute res judicata and collateral estoppel 13 with respect to the Individual Released Claims. 14 7. For purposes of this Judgment, the Court confirms its appointment of 15 its appointment of Aashish Y. Desai as Class Counsel and, and its appointment of 16 Plaintiff Balnicki and Correa as Class Representatives. 17 8. In accordance with the Final Approval Order, Class Counsel, 18 Defendant, and the Settlement Administrator are directed to effect allocation and 19 distribution of the New Money Payment as follows: Class Counsel will receive 20 attorneys’ fees of $275,000 and reimbursement of litigation expenses in the amount 21 of $9,676.46; the Claims Administrator, ILYM Group, Inc. shall receive $7,500; 22 $40,000 will be deducted for the payment of PAGA Penalties, of which $30,000 23 will be paid to the California Labor and Workforce Development Agency as the 24 Agency’s portion of PAGA penalties and $10,000 will be paid to PAGA Members; 25 Plaintiff Balnicki will receive a service award of $7,500 and Plaintiff Correa will 26 receive a service award of $2,500 from the Settlement Fund for their contribution to 27 the litigation and their services to the Class. The remainder of the New Money 28 2 1 Payment will be distributed to the Class Members according to the plan of 2 allocation in the Settlement; 3 9. The Court finds that the Notice, and the distribution thereof, satisfied 4 the requirements of due process and Federal Rule of Civil Procedure 23(e), that 5 it was the best practicable under the circumstances, and that it constitutes due and 6 sufficient notice to all persons entitled to the notice of the Agreement. The Court 7 further finds that the Settlement Class Members were given a fair and 8 reasonable opportunity to object to the settlement. Zero (0) Settlement Class 9 Members objected to the settlement, and Zero (0) Settlement Class Members 10 11 12 13 requested exclusion from the settlement. 10. This action is dismissed with prejudice as to all other issues and as to all parties and claims. 11. Upon the Effective Date, the Releases defined in ¶ 42-45 of the 14 Settlement will bind all Settlement Class Members, PAGA Members, and 15 Plaintiffs, respectively. 16 12. The Court further confirms and finds that nothing contained in the 17 Agreement, the Preliminary Approval Order, the Final Approval Order, or this 18 Judgment, or any other Order entered in this action shall in any way or manner 19 constitute an admission or determination of liability by or against Defendant, or any 20 other Released Parties with respect to any of the Settled Claims, Settled PAGA 21 Claims and Settled Individual Claims, and shall not be offered in evidence in any 22 action or proceeding against Defendant, or any other Released Parties in any court, 23 administrative agency, or other tribunal for any purpose whatsoever, other than to 24 the extent necessary to enforce the provisions of the Agreement or this Order. 25 26 27 13. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement and the Final Approval Order. 14. The Court retains continuing and exclusive jurisdiction over the parties 28 3 1 and all matters relating to this case, including administration, interpretation, 2 construction, effectuation, enforcement, and consummation of the settlement and 3 this Judgment. 4 It is so ORDERED. 5 6 7 8 DATED: June 16, 2021 ________________________________________ HON. JOSEPHINE L. STATON UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4
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