Leonard Earl Shackelford v. Simplified Labor Staffing Solutions, Inc. et al
| Leonard Earl Shackelford |
| Simplified Labor Staffing Solutions, Inc., Damco Distribution Services Inc., Does 1 through 50, inclusive and Does 1 through 10, inclusive |
| 2:2020cv06846 |
| July 30, 2020 |
| US District Court for the Central District of California |
| Andre Birotte |
| Alexander F MacKinnon |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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Filing 39
ORDER GRANTING MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS AND CLASS REPRESENTATIVE ENHANCEMENT AT FINAL APPROVAL OF CLASS ACTION by Judge Andre Birotte Jr.: Upon Plaintiff's Motion for Approval of Award of Attorneys' Fees and Costs and Class Representative Enhancement Payment #33 , IT IS HEREBY ORDERED that: (1) Pursuant to the Settlement, preliminarily approved Class Counsel of David Yeremian & Associates, Inc. and the Law Offices of Sahag Majarian II have incurred and will incur reasonable litigation costs and attorneys' fees in this action and are hereby awarded, upon distribution following final approval, attorneys' fees in the amount of $325,000.00, which is 25% of the total settlement amount of $1,300,000.00. (2) The Court awards Class Counsel $13,068.44 for reimbursement of its costs. (3) The Court further approves a Class Representative Enhancement Payment of $5,000.00 to Class Representative, Leonard Shackelford, for initiating this action, for work he has performed, and for risks he has undertaken in this matter. (gk)
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Filing 38
ORDER GRANTING UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT by Judge Andre Birotte Jr.: Upon Plaintiff's Motion for Final Approval of Class Action Settlement #32 , THE COURT HEREBY ORDERS, ADJUDGES AND DECREES that: The Settlement Administrator (Simpluris, Inc.) has fulfilled its initial notice and reporting duties under the Settlement Agreement. The terms of the Settlement are fair, reasonable and adequate, and the standards and applicable requirements for final approval of this class action settlement are satisfied, including the provisions of Rule 23 of the Federal Rules of Civil Procedure. The Court appoints Plaintiff Leonard Shackelford as representative of, and Class Counsel as counsel for, the Settlement Class Members for the purpose of entering into and implementing the Settlement. The PAGA Payment arising under the California Private Attorneys General Act of $100,000.00 is approved, with the LWDA receiving $75,000.00 and the remaining $25,000.00 being redistributed to the Class members. The fees, expenses, and any other costs of Simpluris, Inc. in administering the Settlement, in the amount of $60,000.00, are fair and reasonable. The Court approves the payment of a Class Representative Enhancement Payment in the amount of $5,000.00 to Plaintiff. The Court approves the payment of attorneys' fees to Class Counsel in the amount of $325,000.00, which is 25% of the Class Settlement Amount, to be paid in the manner set forth in the Settlement Agreement. Plaintiff's request for an award of reasonable litigation costs is also approved. Out of the $20,000 allocated to costs, Class Counsel has incurred approximately $13,068.44 in costs through final approval. This Final Approval Order and Judgment of dismissal shall be entered forthwith, dismissing this Action with prejudice pursuant to Judgment. See document for further details. (gk)
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| Filing 37 NOTICE Defendants' Notice to the Court Regarding Mailing Of CAFA Notices Pursuant to 28 U.S.C. 1715 filed by Defendant Damco Distribution Services Inc.. (Kemple, Mark) |
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Filing 36
ORDER RE JOINT REPORT REGARDING NOTICES PURSUANT TO 28 U.S.C. SECTION 1715 AND FINAL APPROVAL ORDER by Judge Andre Birotte Jr.: Upon Stipulation #35 , IT IS ORDERED that the matters taken under submission following the Final Approval Hearing #32 , #33 shall remain under submission and the Court will withhold granting Final Approval for at least 100 days, to allow the Defendants to mail the requisite CAFA notices. (gk)
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| Filing 35 Joint STIPULATION for Order Continue Final Approval Hearing for 100 days filed by defendant Simplified Labor Staffing Solutions, Inc.. (Attachments: #1 Proposed Order RE JOINT REPORT REGARDING NOTICES PURSUANT TO 28 U.S.C. 1715 AND FINAL APPROVAL ORDER)(Hix, Clayton) |
| Filing 34 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Plaintiff's Motion for Final Approval of Class Action Settlement #32 ; Plaintiff's Motion for Approval of Award of Attorneys' Fees and Costs and Class Representative Enhancement at Final Approval of Class Settlement #33 . The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission. The Court will review the proposed orders submitted and issue its rulings. Court Reporter: Chia Mei Jui - Video. (gk) |
| Filing 33 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiff Leonard Earl Shackelford. Motion set for hearing on 2/19/2021 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of David Yeremian, #3 Exhibit A - Dec of DY - Settlement and Addendum, #4 Exhibit B - Dec of DY - Laffey Matrix, #5 Exhibit C - Dec of DY - Costs Invoice, #6 Declaration of Alvin B. Lindsay, #7 Declaration of Sahag Majarian, #8 Exhibit A - Dec of SM - Costs Invoice, #9 Declaration of Leonard Shackelford, #10 Proposed Order) (Yeremian, David) |
| Filing 32 Final NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiff Leonard Earl Shackelford. Motion set for hearing on 2/19/2021 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of David Yeremian, #3 Declaration of Lindsay Kline Re Notice and Administration, #4 Exhibit A to Declaration of Lindsay Kline, #5 Proposed Order) (Yeremian, David) |
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Filing 31
ORDER GRANTING STIPULATION TO AMEND NOTICE OF CLASS ACTION SETTLEMENT by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED that the Stipulation to Amend the Notice of Class Action Settlement #30 is hereby GRANTED. The parties' proposed amended notice, which is attached as Exhibit A to the joint stipulation is APPROVED and shall be mailed out to class members consistent with the Court's 10/30/2020 Order preliminarily approving the class action settlement. (gk)
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| Filing 30 STIPULATION for Order to Amend Notice of Class Settlement filed by Defendant Damco Distribution Services Inc.. (Attachments: #1 Proposed Order Granting Stipulation To Amend Notice Of Class Action Settlement)(Kemple, Mark) |
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Filing 29
ORDER GRANTING JOINT STIPULATION TO CONTINUE MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT HEARING FROM 1/22/2021 TO 2/19/2021 by Judge Andre Birotte Jr.: Upon Stipulation #28 , the Court hereby ORDERS that the hearing on Plaintiff's unopposed motion for final approval of the parties' Settlement Agreement is continued to 2/19/2021 at 10:00 AM. The Class Notice will reflect the continued 2/19/2021 hearing date when it is sent to the Class Members. (gk)
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| Filing 28 STIPULATION to Continue Hearing on Motion for Final Approval from 01/22/2021 to 02/19/2021 filed by Plaintiff Leonard Earl Shackelford. (Attachments: #1 Proposed Order)(Lindsay, Alvin) |
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Filing 27
ORDER GRANTING UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, APPROVAL OF CLASS NOTICE, AND SETTING FINAL APPROVAL HEARING by Judge Andre Birotte Jr.: The Court GRANTS the Motion for Preliminary Approval of Class Action Settlement #24 and ORDERS that David Yeremian and Alvin B. Lindsay of David Yeremian & Associates, Inc. are appointed as counsel for the Class. Plaintiff Leonard Earl Shackelford is appointed as representative of the Class. Simpluris, Inc. is appointed as the Settlement Administrator. A hearing to consider and determine (i) whether the Settlement Agreement should be finally approved, (ii) whether Class Counsel's application for attorneys' fees and costs should be approved, and (iii) whether the application for a Class Representative Service Payment should be approved, is hereby set for 1/22/2021 at 10:00 AM. All other deadlines in the Action are hereby stayed pending the final approval hearing. See document for further details. (gk)
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| Filing 26 MINUTES OF UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, APPROVAL OF CLASS NOTICE, AND SETTING FINAL APPROVAL HEARING #24 (Telephonic) Hearing held before Judge Andre Birotte Jr.: The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission. Court Reporter: Chia Mei Jui. (bm) |
| Filing 25 NOTICE of Pendency of Other Action filed by Defendant Damco Distribution Services Inc.. (Kemple, Mark) |
| Filing 24 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiff Leonard Earl Shackelford. Motion set for hearing on 10/30/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum, #2 Declaration of David Yeremian, #3 Exhibit A - Settlement Agreement and Release, #4 Declaration of Alvin B. Lindsay, #5 Proposed Order) (Yeremian, David) |
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Filing 23
ORDER GRANTING JOINT STIPULATION AND REQUEST TO CONTINUE HEARING ON MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND MOTION FILING DEADLINE by Judge Andre Birotte Jr.: Upon Stipulation #20 , the Court hereby ORDERS that the deadline to file Plaintiff's unopposed motion for preliminary approval of Class Action Settlement is continued to 10/2/2020. The hearing on Plaintiff's unopposed motion for preliminary approval of Class Action Settlement is continued to 10/30/2020 at 10:00 AM. (gk)
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| Filing 22 Second AMENDED COMPLAINT against Defendant Leonard Earl Shackelford amending Complaint - (Discovery), Amended Complaint,, filed by Plaintiff Leonard Earl Shackelford(Lindsay, Alvin) |
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Filing 21
ORDER GRANTING JOINT STIPULATION ALLOWING PLAINTIFF TO FILE SECOND AMENDED CLASS ACTION COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation #19 , IT IS HEREBY ORDERED that Plaintiff Leonard Earl Shackelford is granted leave to amend to file his Second Amended Complaint to add a cause of action under Labor Code section 2802. Plaintiff must file his Second Amended Complaint separately from this stipulation. (gk)
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| Filing 20 STIPULATION to Continue Hearing on Motion for Preliminary Approval of Class Action Settlement and Motion Filing Deadline from 10/23/2020 to 10/30/2020 Re: Order,, #18 filed by Plaintiff Leonard Earl Shackelford. (Attachments: #1 Proposed Order)(Lindsay, Alvin) |
| Filing 19 STIPULATION for Leave to file Second Amended Class Action Complaint filed by Plaintiff Leonard Earl Shackelford. (Attachments: #1 Exhibit A - Second Amended Class Action Complaint, #2 Proposed Order)(Lindsay, Alvin) |
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Filing 18
ORDER SETTING SCHEDULE FOR SETTLEMENT APPROVAL PROCEEDINGS by Judge Andre Birotte Jr.: Upon Stipulation #17 , the court hereby ORDERS following schedule for taking this action through the preliminary approval process: Deadline for the parties to complete and execute long-form Settlement Agreement 9/18/2020. Deadline for parties to file joint stipulation for entry of proposed Second Amended Complaint 9/18/2020. Deadline to file unopposed motion for preliminary approval of Class Action Settlement on 9/25/2020. Hearing on unopposed motion for preliminary approval of Class Action Settlement on 10/23/2020 at 10:00 AM. (gk)
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| Filing 17 STIPULATION for Order SETTING SCHEDULE FOR SETTLEMENT APPROVAL PROCEEDINGS filed by Plaintiff Leonard Earl Shackelford.(Lindsay, Alvin) |
| Filing 16 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Joint Statement filed 9/8/2020 #14 . Counsel shall immediately file a Proposed Order and email a Microsoft Word version of the Proposed Order to the chambers email address. (gk) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Settlement #14 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. All proposed signature items shall be e-mailed to the chambers' e-mail address at AB_chambers@cacd.uscourts.gov in Word format. ONLY proposed order signature items should be emailed to the chambers' e-mail address. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 14 Joint STIPULATION for Settlement Joint Statement and Proposed Schedule for Settlement Approval Proceedings filed by Defendant Damco Distribution Services Inc..(Kemple, Mark) |
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Filing 13
ORDER RE: SCHEDULE FOR SETTLEMENT APPROVAL PROCEEDINGS by Judge Andre Birotte Jr.: THE COURT having been advised by counsel that the action have reached a settlement on a classwide basis #12 , IT IS THEREFORE ORDERED that the parties propose a schedule for settlement approval proceedings for the Court's review by 9/8/2020. The 9/4/2020 hearings on Defendants' Motion to Compel Arbitration #8 and Defendant Damco Distribution Services' Motion to Strike Class Allegations and PAGA Claim #9 are VACATED. The 11/20/2020 Scheduling Conference is VACATED. (gk)
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| Filing 12 NOTICE of Settlement filed by Defendant Damco Distribution Services Inc.. (Kemple, Mark) |
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Filing 11
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 11/20/2020 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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Filing 10
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 9 NOTICE OF MOTION AND MOTION to Strike Class Allegations and PAGA Claim and Stay Action (re: 1st Amended Complaint) or in the Alternative to Dismiss All Counts for Failure to State a Claim Pursuant to F.R.C.P. 12(B), (F) filed by Defendant Damco Distribution Services Inc.. Motion set for hearing on 9/4/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order) (Kemple, Mark) |
| Filing 8 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants Damco Distribution Services Inc., Simplified Labor Staffing Solutions, Inc.. Motion set for hearing on 9/4/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Sandra Senbol, #2 Declaration of E. Sean McLoughlin, #3 Proposed Order) (Attorney E Sean McLoughlin added to party Damco Distribution Services Inc.(pty:dft), Attorney E Sean McLoughlin added to party Simplified Labor Staffing Solutions, Inc.(pty:dft)) (McLoughlin, E) |
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Filing 7
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:20-cv-04543 AB (AFMx). Case transferred from Judge Fernando M. Olguin and Magistrate Judge Jean P. Rosenbluth to Judge Andre Birotte Jr and Magistrate Judge Alexander F. MacKinnon for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-06846 AB (AFMx). Signed by Judge Andre Birotte Jr (esa)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Jean P. Rosenbluth. (car) |
| Filing 4 NOTICE of Related Case(s) filed by Defendant Damco Distribution Services Inc.. Related Case(s): 2:20-cv-04543-AB-AFM (C.D. Cal.) (Kemple, Mark) |
| CONFORMED COPY OF COMPLAINT against Defendants Damco Distribution Services Inc., Does 1 through 50, inclusive, Simplified Labor Staffing Solutions, Inc. Jury Demanded, filed by Plaintiff Leonard Earl Shackelford. Filed in State Court on 11/6/19 Submitted with Attachment 1 Exhibit A to Notice of Removal #1 (car) |
| NON-CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants Damco Distribution Services Inc., Does 1 through 50, inclusive, Simplified Labor Staffing Solutions, Inc. amending Complaint - (Discovery),, by Plaintiff Leonard Earl Shackelford. Submitted with Attachment 2 Exhibit B to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Leonard Earl Shackelford, upon Defendant Simplified Labor Staffing Solutions, Inc. served on 11/11/2019, answer due 12/2/2019. Service of the Summons and Complaint were executed upon Carlos Paz Agent for CT Corp. in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. Filed in State Court on 11/12/2019 Submitted with Attachment 3 Exhibit C to Notice of Removal #1 (car) |
| Filing 3 Certification and NOTICE of Interested Parties filed by Defendant Damco Distribution Services Inc., (Kemple, Mark) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Damco Distribution Services Inc.. (Kemple, Mark) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 19STCV39975 Receipt No: ACACDC-27428262 - Fee: $400, filed by Defendant Damco Distribution Services Inc.. (Attachments: #1 Exhibit A: Summons and Complaint, #2 Exhibit B: First Amended Complaint, #3 Exhibit C: Other State Court Materials) (Attorney Mark D Kemple added to party Damco Distribution Services Inc.(pty:dft))(Kemple, Mark) |
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