Bower v. Cycle Gear, Inc, No. 3:2014cv02712 - Document 83 (N.D. Cal. 2016)
Court Description: FINAL JUDGMENT. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 8/29/2016. (ndrS, COURT STAFF) (Filed on 8/29/2016)
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Bower v. Cycle Gear, Inc Doc. 83 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 LANNDEN BOWER, as an individual, and on behalf of all others similarly situated, Case No. 3:14-cv-02712-HSG FINAL JUDGMENT Plaintiff, vs. CYCLE GEAR, INC., a California Corporation; and DOES 1 through 10, Defendants. 21 22 23 24 25 26 27 28 [PROPOSED] FINAL JUDGMENT Dockets.Justia.com 1 This matter came on for hearing before this Court on June 2, 2016 at 2:00 2 p.m., pursuant to Rule 23 of the Federal Rules of Civil Procedure and this Court’s 3 December 11, 2015 Order Granting Preliminary Approval [Docket Entry No. 69]. 4 On August 23, 2016, the Court entered an Order (the “Final Approval Order”) 5 granting Plaintiff’s motions for (1) final approval of class action settlement and 6 (2) attorneys’ fees, costs, and incentive payment [Docket Entry No. 81]. 7 In accordance with the Final Approval Order, and pursuant to Rules 23 and 8 58 of the Federal Rules of Civil Procedure, and pursuant to 29 U.S.C. § 216(b), IT 9 IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: 10 1. This Court has jurisdiction over the subject matter of the above- 11 captioned action (the “Action”), the Named Plaintiff Lannden Bower (“Named 12 Plaintiff”), Defendant Cycle Gear, Inc. (“Defendant”), and all members of the 13 Settlement Class, which is comprised of the following subclasses: 14 15 16 17 18 19 20 FLSA Overtime Subclass: All hourly non-exempt employees employed by Defendant at any time from May 11, 2012 through December 8, 2015 and who, during that period, earned spiffs, commissions, and/or bonuses in any week in which they also worked more than forty (40) hours. California Overtime Subclass: All current and former non-exempt employees in California who earned bonuses, commissions, and/or spiffs, and earned overtime wages during a corresponding time period, from June 11, 2010 through December 8, 2015. 21 22 23 24 25 26 27 28 Rest Period Subclass: All current and former non-exempt employees in California who worked shifts of 3.5 to 3.99 hours, 6.01 to 7.99 hours and/or 10.01 to 11.99 hours in duration, from June 11, 2010 through December 8, 2015. Wage Statement Subclass: All current and former non-exempt employees in California who: (i) earned spiffs and overtime wages during any pay period, and/or (ii) were paid an hour of pay for a purported meal period violation that was combined with the “regular hours” worked on their wage statement, from June 11, 2013 to August 4, 2014. 1 [PROPOSED] FINAL JUDGMENT 1 2 3 4 5 6 7 8 9 Waiting Time Penalty Subclass: All former non-exempt employees in California who received bonuses, commissions, and/or spiffs, and earned overtime wages during a corresponding time period, from June 11, 2011 to August 28, 2014, and who separated their employment from Defendant from June 11, 2011 through December 8, 2015. Meal Period Subclass: All current and former hourly non-exempt employees in California who worked shifts exceeding six hours per day, and do not have timekeeping records reflecting: (a) a meal period of at least thirty minutes commencing prior to the completion of the fifth hour of work, and/or (b) a second meal period of at least thirty minutes for shifts worked in excess of ten hours, prior to the end of the tenth hour of work, from June 11, 2010 through December 8, 2015. 10 11 12 13 PAGA Aggrieved Employee Subclass: All current and former non-exempt employees of Defendant who are also members of the California Overtime Class, Rest Period Class, Wage Statement Subclass, Waiting Time Subclass, and/or Meal Period Subclass from June 11, 2013, through December 8, 2015. 14 15 16 17 2. As used herein, the term “Rule 23 Subclasses” shall refer collectively to each of the above subclasses except the FLSA Overtime Subclass. 3. As used herein, the terms “Settlement” and “Settlement Agreement” 18 shall refer to the Class Action Settlement Agreement and Stipulation filed by the 19 Named Plaintiff on October 12, 2015 as Exhibit 1 to the Declaration of Paul K. 20 Haines in Support of Plaintiff’s Motion for Preliminary Approval of Class Action 21 Settlement [Docket Entry No. 63-1]. 22 4. Named Plaintiff shall be paid an Incentive Payment of $5,000, out of 23 the Gross Settlement Sum, in accordance with the terms of the Settlement 24 Agreement and the Final Approval Order. 25 5. The California Labor & Workforce Development Agency shall be 26 paid $142,200 out of the Gross Settlement Sum, in accordance with the terms of 27 the Settlement Agreement and the Supplemental Declaration of Hernaldo J. 28 Baltodano in Support of Plaintiff’s Motion for Preliminary Approval of Class 2 [PROPOSED] FINAL JUDGMENT 1 2 Action Settlement, filed on December 2, 2015 [Docket Entry No. 66]. 6. Individual settlement payments shall be paid to the participating 3 Settlement Class members out of the Net Settlement Sum, in accordance with the 4 terms of the Settlement Agreement. 5 7. Class Counsel shall be paid $570,000 in attorneys’ fees from the 6 Gross Settlement Sum in accordance with the terms of the Settlement Agreement 7 and the Final Approval Order. 8 9 10 11 8. Class Counsel’s litigation costs of $44,952.38 shall be paid out of the Gross Settlement Sum in accordance with the terms of the Settlement Agreement and the Final Approval Order. 9. The Claims Administrator, CPT Group, Inc., shall be paid for its fees 12 and expenses in connection with the administration of the Settlement Agreement 13 out of the Gross Settlement Sum, in accordance with the terms of the Settlement 14 Agreement, in the amount of $38,000. 15 10. By this Judgment, the Named Plaintiff and each member of the Rule 16 23 Subclasses who has not timely and validly requested exclusion from the 17 Settlement by opting out, and each member of the FLSA Overtime Subclass who 18 has validly and timely opted into the Settlement (collectively, the “participating 19 Settlement Class members”), hereby release Defendant and the Released Parties 20 (as defined in the Settlement Agreement) from the Settled Claims (as defined in the 21 Settlement Agreement), and all of the Settled Claims are dismissed with prejudice 22 as to the participating Settlement Class members. 23 11. By this Judgment, the participating Settlement Class members are 24 permanently barred from asserting any of the Settled Claims in the future. The 25 parties are to bear their own attorneys’ fees and costs, except as otherwise provided 26 in the Settlement Agreement and the Final Approval Order. 27 28 12. The Court reserves and retains exclusive jurisdiction over the Action, the Named Plaintiff, the Settlement Class, and Defendant for the purposes of 3 [PROPOSED] FINAL JUDGMENT 1 supervising the implementation, effectuation, enforcement, construction, 2 administration, and interpretation of the Settlement Agreement and this Judgment. 3 13. Final judgment is hereby entered pursuant to Rule 23(c)(3) of the 4 Federal Rules of Civil Procedure and pursuant to the Fair Labor Standards Act 5 (“FLSA”), 29 U.S.C. § 216(b). This document shall constitute a final judgment for 6 purposes of Rule 58 of the Federal Rules of Civil Procedure. 7 8 IT IS SO ORDERED. 9 10 11 Dated: August 29, 2016 ________________________________ The Honorable Haywood S. Gilliam, Jr. United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 [PROPOSED] FINAL JUDGMENT
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