2017-00209518-CU-OE

Jon Fadhl vs. Siemens Healthcare Diagnostics, Inc.

Nature of Proceeding: Motion for Preliminary Approval of Class Action Settlement

Filed By: Sembrano, Erika R.C.

Plaintiff’s motion for preliminary approval of class action settlement and provisional certification of the class is UNOPPOSED and is GRANTED, as follows.

The Court notes that the moving papers do not indicate whether the Labor and Workforce Development Agency (“LWDA”) was notified of this proposed settlement even though Labor Code §2699(l)(2) specifies that any settlement in a case filed on or after 7/1/2016 be “submitted” to the LWDA at the time it is submitted to the Court.

In this putative class action plaintiff alleges defendant employer violated various wage-and-hour provisions of the Labor Code. The parties have agreed to settle this action for a total payment of no more than $275,000 with plaintiffs’ attorneys to receive fees of no more than $110,000 (40% of the maximum settlement) plus costs of no more than $12,500. The class representative will receive a service payment of $10,000 with the claims administration fees of ILYM Group, Inc. not to exceed $5,000. The settlement will include the Private Attorney General Act claims and $5,000 will be paid to the Labor and Workforce Development Agencies for the statutory penalties. It is currently estimated that the proposed class encompasses 78 employees for the class period and the actual payment to the individual class members participating in the settlement will turn on the number of weeks they worked during the class period.

The Court will again review and consider the terms of this settlement at the time of the final approval hearing before granting its final approval of the proposed settlement.

The final approval hearing is scheduled for 5/23/2018 at 9:00 a.m. in Department 54. The moving, opposing, and reply papers shall be filed and served in conformity with Code of Civil Procedure §1005.

The Court notes that the proposed Notice of Class Action Settlement does not identify the “Settlement Administrator” as ILYM Group, Inc. Counsel is directed to promptly review the notice to ensure that there are no other inaccuracies before it is mailed to the prospective class members.

Finding no objection thereto, the Court will sign the proposed order submitted with the moving papers.