Van Lith v. Iheartmedia + Entm't, Inc.
Decision Date | 29 September 2017 |
Docket Number | Case No. 1:16-cv-00066-SKO |
Parties | KARL VAN LITH, Plaintiff, v. iHEARTMEDIA + ENTERTAINMENT, INC., et al., Defendants. |
Court | U.S. District Court — Eastern District of California |
(Docs. 52 & 53)
Pending before the Court are Plaintiff's Unopposed Motion for Final Certification and Approval of Class Action Settlement (the "Motion for Certification and Approval"), (Doc. 52), and Plaintiff's Unopposed Motion for Attorneys' Fees, Costs and Service Payment (the "Motion for Fees"), (Doc. 53). For the reasons provided herein, the Court GRANTS both the Motion for Certification and Approval, (Doc. 52), and the Motion for Fees, (Doc. 53).
The class-related claims in this matter arise out of wage statements Defendants provided to Plaintiff and the proposed class members—who are employees of Defendants—which Plaintiff alleges contained inaccurate information.
Plaintiff filed the currently operative Second Amended Class Action and Individual Complaint (the "Complaint") on August 19, 2016. (Doc. 28 at 1-22.) In addition to the allegations relating solely to Plaintiff, the Complaint also includes California Private Attorney General Act ("PAGA") allegations and class action allegations. (See id. ¶¶ 40-58.)
The Complaint includes the following two claims against all Defendants on behalf of the proposed class: (1) First Cause of Action—failure to furnish accurate wage statements in violation of California Labor Code Section 226(a); and (2) Second Cause of Action—failure to maintain accurate wage statements in violation of California Labor Code Section 226(a). (Id. ¶¶ 59-68.) The Complaint also includes the following six claims against all Defendants on behalf of only Plaintiff: (1) Third Cause of Action—failure to pay overtime in violation of California Labor Code Sections 510 and 1198, as well as "the applicable IWC Wage Order(s)"; (2) Fourth Cause of Action—failure to pay minimum wage in violation of California Labor Code Section 1197; (3) Fifth Cause of Action—failure to provide rest breaks in violation of California Labor Code Section 226.7 and "[t]he applicable Wage Order(s)"; (4) Sixth Cause of Action—failure to provide meal breaks in violation of California Labor Code Sections 226.7 and 512(a), as well as "the applicable Wage Order(s)"; (5) Seventh Cause of Action—failure to timely pay wages in violation of California Labor Code Section 204; and (6) Eighth Cause of Action—failure to pay wages upon cessation of employment in violation of California Labor Code Section 203. (Id. ¶¶ 69-100.)
Plaintiff filed the relevant Joint Stipulation re: Class Action Settlement and Release (the "Settlement Agreement") on February 22, 2017. (Doc. 49.) The Settlement Agreement provides the following pertinent definitions:
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1.10 "Defendants" means iHeartMedia + Entertainment, Inc. and Capstar Radio Operating Company and iHeartMedia, Inc.
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1.30 "Service Payment" means the amount that the Court approves to be paid to [Plaintiff], for his efforts in assisting with the prosecution of the Action and as consideration for executing this Settlement Agreement and releasing his claims against Defendants in an amount not to exceed Three Thousand Dollars ($3,000).
. . .
1.32 "Settlement Administration Costs" means the costs incurred by the Settlement Administrator and approved by the Court from the Total Settlement Amount. Such Settlement Administration Costs may not exceed Fifteen Thousand Dollars ($15,000).
. . .
1.35 "Total Settlement Amount" means Three Hundred Thousand Dollars ($300,000), which is the maximum amount that Defendants are obligated to pay under this Settlement Agreement in order to resolve and settle this Action, subject to the Court's approval.
(Id. at 3-7.)
Under the terms of the Settlement Agreement, the Total Settlement Amount of $300,000 is "the maximum amount payable by Defendants." (Id. ¶ 3.1.) This is the total amount payable by Defendants under the Settlement Agreement to resolve all claims, payments, fees, and costs. (See id.)
As to the payments for each individual class member, the Settlement Agreement provides that Individual Settlement Payments "will be paid from the Net Distribution Fund and shall be calculated pursuant to Paragraph 3.5.4 herein." (Id. ¶ 3.5.3.) Paragraph 3.5.4, in turn, provides the following as to the calculation of the Individual Settlement Payments:
All Class Members who do not submit a valid and timely [r]equest for [e]xclusion will receive an Individual Settlement Payment which will be at least $25. The amount of the Individual Settlement Payment will be calculated by assigning a dollar value to each pay period worked by all Class Members during the Class Period (who do not submit a timely and valid [r]equest for [e]xclusion from the Settlement), as determined from Class Members' hire, transfer, and termination dates, and payroll/time data found in Defendants' records. More specifically, the dollar value of each pay period will be calculated by dividing the Net Distribution Fund by the total number of pay periods worked by Class Members during the Class Period (rounded up). If a Class Member's Individual Payment is less than $25 than that individual will be paid at least $25. Each Class Member's Individual Settlement Payment will then be determined by multiplying the total number of pay periods the Class Member worked during the Class Period (rounded up) by the dollar value of each pay period (which will be adjusted depending on the number of minimum payments).
(Id...
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