OrderCal. Super. - 3rd Dist.November 25, 2019El ec tr on ic al ly Su bm it te d on 07 /1 2/ 20 21 11 :1 0 AM 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a7 28 KINGSLEY & KINGSLEY, APC ERIC B. KINGSLEY, Esq., (SBN 185123) eric@kingsleykingsley.com supertar ot orn KELSEY M. SZAMET, Esq. (SBN 260264) County of Piacer kelsey@kingsleykingsley.com 16133 Ventura Blvd., Suite 1200 AUG 27 2021 Encino, CA 91436 Telephone: (818) 990-8300// Fax: (818) 990-2903 xeon Oe clk By: M. Taylor, Attorneys for Plaintiff Giles and the Proposed Class SANSANOWICZ LAW GROUP, P.C. Leonard H. Sansanowicz (SBN 255729) leonard@law-slg.com 1635 Pontius Avenue, Second Floor Los Angeles, CA 90025 Tel: (323) 677-0200// Fax: (323) 549-0101 Attorneys for Plaintiff Patrick McClanahan and the Proposed Class SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF PLACER JERAMIE GILES, an individual, on behalf of CASE NO. S-CV-0044085 himself and others similarly situated fPROPOSED] ORDER GRANTING Plaintiff, FINAL APPROVAL OF CLASS VS. ACTION SETTLEMENT AND ENTERING JUDGMENT CIK POWER DISTRIBUTORS, LLC, a California limited liability company; and DOES 1 . 4 to 100, inclusive, Date: August 2, 2021 Time: 8:30 a.m. Defendants. Dept.: 3 Placer County Superior Court Action Filed: November 25, 2019 Case No. S-CV-0044085 Trial Date: July 6, 2021 PATRICK MCCLANAHAN, an individual, on behalf of himself and all others similarly situated Plaintiff, VS. CIK POWER DISTRIBUTORS, LLC, a California limited liability company, and DOES 1 to 100, inclusive, Defendants. Los Angeles County Superior Court Case No 20STCV00307 ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENTAND ENTERING JUDGMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Motion for Final Approval of Class Action Settlement came before this Court, on August 2021. The above captioned Action is a class action lawsuit brought by Plaintiffs JERAMIE GILES and PATRICK MCCLANAHAN (“Plaintiffs”) against Defendant CIK POWER DISTRIBUTORS, LLC. (“Defendant”). On January 19, 2021, this Court entered an Order granting Preliminary Approval of this Settlement. WHEREAS, Plaintiffs have applied to the Court for an order finally approving the settlement of the above-captioned matter in the Superior Court for the State of California, County of Placer (the “Court”) pursuant to the Parties’ joint Stipulation and Settlement of Class and Representative Action (“Settlement,” “Settlement Agreement” or “Agreement”) attached as Exhibit “A” to the Declaration of Kelsey M. Szamet filed concurrently herewith. WHEREAS the Settlement Agreement sets forth the terms and conditions for the proposed Settlement and for entry of a final judgment as against Defendant and any Released Parties thereon. The Court having read and considered Plaintiffs’ Motion for Preliminary Approval, Plaintiffs’ Motion for Final Approval, Plaintiffs’ Motion for Approval of Attorneys’ Fees and Costs, and the supporting documents and exhibits annexed thereto including the Declarations of Kelsey M. Szamet, Jeramie Giles, Patrick Mcclanahan, Leonard H. Sansanowicz, and Lluvia Islas, now finds: NOW THEREFORE, GOOD CAUSE APPEARING, IT IS HEREBY ORDERED AND JUDGMENT IS HEREBY ENTERED THAT: L. This Court has jurisdiction over the subject matter of the Action and over all Parties to the Action, including all Class Members. 2. The terms of the Settlement Agreement are fair, just, reasonable, and adequate as to the settling Parties, including the Settlement Class, and is hereby finally approved in all respects. The Parties are hereby directed to perform the terms of the Settlement as described in the Settlement Agreement and herein. an Distribution of the Notice Packet has been completed in conformity with the Court’s Preliminary Approval Order issued on January 19, 2021, including individual notice to all Settlement Class Members who could be identified through reasonable effort, and the best notice l ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 practicable under the circumstances. The Notice provided due and adequate notice of the proceedings and of the proposed Settlement to all persons entitled to such notice, and the Notice fully satisfied the requirements of due process. All Class Members and all Released Claims are covered by and included within the Settlement, this Order, and the Final Judgment. 4. The Settlement Class is hereby made final. The Settlement Class is defined as: All nonexempt hourly paid persons employed by Defendant in California during the Class Period. Defendant certifies there are 269 putative Class Members. (the “Class Member(s)” or "Settlement Class"). = The Class Period is the period from November 25, 2015 through January 19, 2021. 6. Pursuant to the terms of the Settlement Agreement, the Class Settlement Amount is Six Hundred Forty One Thousand Dollars, Three Hundred and Fifty Dollars and Ninety-Two cents ($641,350.92). After deduction of the following approved amounts: Attorneys’ Fees of $190,000.00, litigation costs $16,000.00, claims administration of $13,987.84, and a Class Representative Enhancement Payment of $5,000.00 per Plaintiff, or $10,000.00 total, the Net Settlement Fund is $403,863.08. 7. Pursuant to the Settlement Agreement, upon entry of this Final Approval Order and Judgment, each Settlement Class Member shall fully release and discharge the Released Parties pursuant to the following release: any and all claims and causes of action, known or unknown, contingent or accrued, against Defendant, Defendant’s parents, subsidiaries, affiliates, their insurers, employees, attorneys and all officers, directors, shareholders and agents thereof, arising out of, or that could have arisen out of, the facts and claims asserted in the Litigation, including the alleged violation of Labor Code §226(a), penalties and fees under the Private Attorneys General Act for the alleged violation of Labor Code §226(a), and any other applicable provisions of state or federal law, including the applicable IWC wage order. 8. The Court finds that the Settlement has been reached as a result of non-collusive arms-length negotiations. The Court further finds that the Parties have conducted thorough investigation and research, and counsel for the Parties are able to reasonably evaluate their 2 ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT 11 12 13 14 16 17 18 19 20 21 pa) 23 24 25 26 27 28 respective positions. The Court also finds that Settlement will avoid additional substantial costs, as well as avoid the delay and risks that would be presented by further prosecution of the Action. The Court has reviewed the benefits that are being granted as part of the Settlement and recognizes the value to the Settlement Class. 9. The Court hereby finds the payments and allocation provided for in the Settlement Agreement are fair and reasonable in light of all the circumstances. The Court, therefore, orders the calculations and the payments to be made and administered in accordance with the terms of the Settlement Agreement. 10. All Class Members are bound by the instant Final Order, Final Judgment and by the Settlement as described in the Settlement Agreement. Each Class Member is hereby deemed conclusively to have released Defendant and any Released Parties, as defined in the Settlement Agreement. Each Class Member is barred and permanently enjoined from commencing or prosecuting any of the claims, either directly, representatively, or in any other capacity, that are released by the Settlement Agreement. 11. | The Court hereby confirms Kingsley & Kingsley, APC and Sansanowicz Law Group, P.C. as Class Counsel in the Action. The Court finds that the requested rates of $850.00 for Eric B. Kingsley, $625.00 for Kelsey M. Szamet, $750.00 for Darren M. Cohen, and $750.00 for Leonard H. Sansanowicz are fair and reasonable and within the accepted rates for attorneys of similar background and experience. 12. The Court hereby finds the unopposed application of Class Counsel for a costs and attorneys' fees award provided for under the proposed Settlement to be fair and reasonable in light of all the circumstances. The Court approves the following terms: of the Gross Settlement Fund, $190,000.00 shall be allocated to Class Counsel as attorneys’ fees and reimbursement of costs of suit of $16,000.00. No other litigation costs and/or attorneys’ fees shall be awarded, either against Defendants or any related persons or entities or from the award to the Class. 13. The unopposed application of Class Counsel for a Class Representative Enhancement Payment is hereby granted. Of the Gross Settlement Fund, a $10,000.00 Class Representative Enhancement Payment ($5,000.00 per Plaintiff) shall be allocated to Plaintiffs 3 ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jeramie Giles and Patrick Mcclanahan. 14. The unopposed application of Class Counsel for claims administration fees to ILYM Group, Inc. is hereby granted. Of the Gross Settlement Fund, $13,987.84 shall be paid for settlement administration fees. 15. Pursuant to California Rule of Court Rule 3.769(h) and C.C.P. §664.4, the Court shall retain jurisdiction with respect to all matters related to the administration and consummation of the settlement, and any and all claims, asserted in, arising out of, or related to the subject matter of the lawsuit, including but not limited to all matters related to the settlement and the determination of all controversies relating thereto. 16. This Order shall constitute a Final Judgment. 17. Pursuant to California Rule of Court Rule 3.769(h) and C.C.P. $664.4, the Court shall retain jurisdiction of this action to enforce the terms of the judgment. 4 fe a] patep: 9/57 /2 dL, t Oe JUDGE OF THE SUPERIOR COURT Hon. Charles D. Wachob Judge of the Superior Court 4 ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT
