Common use of IT IS HEREBY ORDERED Clause in Contracts

IT IS HEREBY ORDERED. 5 1. The Court preliminarily approves the First Amended Class Action Settlement 6 Agreement (“Agreement” or “Settlement”) attached as Exhibit #1 to the Declaration of Xxxx 7 Nordrehaug in Support of Plaintiff’s Motion for Preliminary Approval of Class Action Settlement. 8 This is based on the Court’s determination that the Settlement set forth in the Agreement is within 9 the range of possible final approval, pursuant to the provisions of Section 382 of the California 10 Code of Civil Procedure and California Rules of Court, rule 3.769. 11 2. This Order incorporates by reference the definitions in the Agreement, and all 12 terms defined therein shall have the same meaning in this Order as set forth in the Agreement. 13 3. It appears to the Court on a preliminary basis that the settlement amount and terms 14 are fair, adequate and reasonable as to all potential Settlement Class Members when balanced 15 against the probable outcome of further litigation and the significant risks relating to certification, 16 liability and damages issues. It further appears that investigation and research have been 17 conducted such that counsel for the Parties are able to reasonably evaluate their respective 18 positions. It further appears to the Court that the Settlement will avoid substantial additional costs 19 by all Parties, as well as avoid the delay and risks that would be presented by the further 20 prosecution of the Action. It further appears that the Settlement has been reached as the result of 21 serious and non-collusive, arms-length negotiations. 22 4. The Court preliminarily finds that the Settlement appears to be within the range of 23 reasonableness of a settlement that could ultimately be given final approval by this Court. The 24 Court has reviewed the monetary recovery that is being granted as part of the Settlement and 25 preliminarily finds that the monetary settlement award made available to the Settlement Class is 26 fair, adequate, and reasonable when balanced against the probable outcome of further litigation 27 and the significant risks relating to certification, liability, and damages issues. 1 5. The Agreement specifies for an attorneys’ fees award not to exceed one-third of the 2 Gross Settlement Amount, an award of litigation expenses incurred, not to exceed $15,000, and a 3 proposed Class Representative Service Payment to the Plaintiff in an amount not to exceed 4 $10,000. The Court will not approve the amount of attorneys' fees and costs, nor the amount of 5 any service award, until the Final Approval Hearing. Plaintiff will be required to present evidence 6 supporting these requests, including lodestar, prior to final approval. 7 6. The Court recognizes that Plaintiff and Defendant stipulate and agree to 8 representative treatment and certification of a class for settlement purposes only. This stipulation 9 will not be deemed admissible in this or any other proceeding should this Settlement not become 10 final. For settlement purposes only, the Court conditionally certifies the following Settlement 11 Class: “all individuals who are or previously were employed by Defendant in California who were 12 classified as employees exempt from overtime and held the positions of Marketing Specialist, 13 Senior Marketing Specialist, Product Marketing & Communications Specialist, Senior Product 14 Marketing & Communication Specialist, Marketing & Communications Specialist, and Senior 15 Marketing & Communication Specialist at any time during the Settlement Class Period.” The

IT IS HEREBY ORDERED. 5 7 1. The Court preliminarily approves the First Amended Class Action and PAGA Settlement 6 8 Agreement (“Agreement” or “Settlement”) attached as Exhibit #1 to the Declaration of Xxxx 7 Nordrehaug Xxxxxxxxxx in 9 Support of Plaintiff’s Motion for Preliminary Approval of Class Action Settlement. 8 This is based 10 on the Court’s determination that the Settlement set forth in the Agreement is within 9 the range of 11 possible final approval, pursuant to the provisions of Section 382 of the California 10 Code of Civil 12 Procedure and California Rules of Court, rule 3.769. 11 13 2. This Order incorporates by reference the definitions in the Agreement, and all 12 14 terms defined therein shall have the same meaning in this Order as set forth in the Agreement. 13 15 3. The Gross Settlement Amount that Defendants shall pay is Nine Hundred Seventy- 16 Five Thousand Dollars ($975,000). It appears to the Court on a preliminary basis that the 17 settlement amount and terms 14 are fair, adequate and reasonable as to all potential Settlement Class Members 18 when balanced 15 against the probable outcome of further litigation and the significant risks relating 19 to certification, 16 liability and damages issues. It further appears that investigation and research 20 have been 17 conducted such that counsel for the Parties are able to reasonably evaluate their 21 respective 18 positions. It further appears to the Court that the Settlement will avoid substantial 22 additional costs 19 by all Parties, as well as avoid the delay and risks that would be presented by the 23 further 20 prosecution of the Action. It further appears that the Settlement has been reached as the 24 result of 21 serious and non-collusive, arms-length negotiations. 22 25 4. The Court preliminarily finds that the Settlement appears to be within the range of 23 26 reasonableness of a settlement that could ultimately be given final approval by this Court. The 24 27 Court has reviewed the monetary recovery that is being granted as part of the Settlement and 25 1 preliminarily finds that the monetary settlement award awards made available to the Settlement Class is 26 fair, 2 adequate, and reasonable when balanced against the probable outcome of further litigation 27 and the 3 significant risks relating to certification, liability, and damages issues. 1 4 5. The Agreement specifies for an attorneys’ fees award not to exceed one-third of the 2 5 Gross Settlement Amount, an award of litigation expenses incurred, not to exceed $15,00033,000, and 6 proposed a 3 proposed Class Representative Service Payment to the Plaintiff in an amount not to exceed 4 7 $10,000. The Court will not approve the amount of attorneys' fees and costs, nor the amount of 5 8 any service award, until the Final Approval Hearing. Plaintiff will be required to present evidence 6 9 supporting these requests, including lodestar, prior to final approval. 7 10 6. The Court recognizes that Plaintiff and Defendant Defendants stipulate and agree to 8 representative treatment and 11 certification of a class for settlement purposes only. This stipulation 9 will not be deemed 12 admissible in this or any other proceeding should this Settlement not become 10 final. For settlement 13 purposes only, the Court conditionally certifies the following Settlement 11 Class: “all individuals who are or previously were employed by Defendant in California who were 12 classified as employees exempt from overtime and held Class which consists of both the positions of Marketing Specialist, 13 Senior Marketing Specialist, Product Marketing & Communications Specialist, Senior Product 14 Marketing & Communication Specialist, Marketing & Communications Specialist, and Senior 15 Marketing & Communication Specialist at any time during the Settlement Class Period.” TheCalifornia

IT IS HEREBY ORDERED. 5 1. The Court preliminarily approves the First Amended Class Action and PAGA Settlement Agreement 6 Agreement (“Agreement” or “Settlement”) attached as Exhibit #1 to the Declaration of Xxxx 7 Nordrehaug Xxxxxxxxxx in Support of 7 Plaintiff’s Motion for Preliminary Approval of Class Action Settlement. 8 This is based on the 8 Court’s determination that the Settlement set forth in the Agreement is within 9 the range of possible 9 final approval, pursuant to the provisions of Section 382 of the California 10 Code of Civil Procedure 10 and California Rules of Court, rule 3.769. 11 2. This Order incorporates by reference the definitions in the Agreement, and all terms 12 terms defined therein shall have the same meaning in this Order as set forth in the Agreement. 13 3. The Gross Settlement Amount that Defendant shall pay is Two Million Fifty 14 Thousand Dollars ($2,050,000). It appears to the Court on a preliminary basis that the settlement 15 amount and terms 14 are fair, adequate adequate, and reasonable as to all potential Settlement Class Members when 16 balanced 15 against the probable outcome of further litigation and the significant risks relating to 17 certification, 16 liability liability, and damages issues. It further appears that investigation and research have 18 been 17 conducted such that counsel for the Parties are able to reasonably evaluate their respective 18 19 positions. It further appears to the Court that the Settlement will avoid substantial additional costs 19 20 by all Parties, as well as avoid the delay and risks that would be presented by the further 20 prosecution 21 of the Action. It further appears that the Settlement has been reached as the result of 21 serious and 22 non-collusive, arms-length negotiations. 22 23 4. The Court preliminarily finds that the Settlement appears to be within the range of 23 24 reasonableness of a settlement that could ultimately be given final approval by this Court. The 24 25 Court has reviewed the monetary recovery that is being granted as part of the Settlement and 25 26 preliminarily finds that the monetary settlement award awards made available to the Settlement Class is 26 fair, adequate, 27 1 and reasonable when balanced against the probable outcome of further litigation 27 and the significant risks relating to certification, liability, and damages issues. 1 5. The Agreement specifies for an attorneys’ fees award not to exceed one-third of the 2 Gross Settlement Amount, an award of litigation expenses incurred, not to exceed $15,000, and a 3 proposed Class Representative Service Payment to the Plaintiff in an amount not to exceed 4 $10,000. The Court will not approve the amount of attorneys' fees and costs, nor the amount of 5 any service award, until the Final Approval Hearing. Plaintiff will be required to present evidence 6 supporting these requests, including lodestar, prior to final approval. 7 6. The Court recognizes that Plaintiff and Defendant stipulate and agree to 8 representative treatment and certification of a class for settlement purposes only. This stipulation 9 will not be deemed admissible in this or any other proceeding should this Settlement not become 10 final. For settlement purposes only, the Court conditionally certifies the following Settlement 11 Class: “all individuals who are or previously were employed by Defendant in California who were 12 classified as employees exempt from overtime and held the positions of Marketing Specialist, 13 Senior Marketing Specialist, Product Marketing & Communications Specialist, Senior Product 14 Marketing & Communication Specialist, Marketing & Communications Specialist, and Senior 15 Marketing & Communication Specialist at any time during the Settlement Class Period.” Thesignificant

IT IS HEREBY ORDERED. 5 11 1. The Court preliminarily approves the First Amended Class Action Settlement 6 Agreement 12 (“Agreement” or “Settlement”) ), attached as Exhibit #1 to the Declaration of Xxxx 7 Nordrehaug Xxxxxx Xxxxxxxxxx in Support of Plaintiff’s 13 Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement. 8 This is based on the 14 Court’s determination that the Settlement set forth in and the Agreement is terms contained therein are within 9 the range of 15 possible final approval, pursuant to the provisions of Section 382 of the California 10 Code of Civil 16 Procedure and California Rules of Court, rule 3.769. 11 17 2. This Order incorporates by reference the definitions in the AgreementSettlement, and all 12 terms 18 defined therein shall have the same meaning in this Order as set forth in the AgreementSettlement. 13 19 3. The Gross Settlement Amount that Defendants shall pay is Sixteen Million Dollars 20 ($16,000,000). The Gross Settlement Amount shall be allocated $11.1 million to the Xxxxxx 21 Subclass (“Xxxxxx Settlement Amount”) and $4.9 million to the Xxxxx/Xxxx Subclass 22 (“Xxxxx/Xxxx Settlement Amount”). It appears to the Court on a preliminary basis that the 23 settlement amount and terms 14 are fair, adequate and reasonable as to all potential Settlement Class Members 24 when balanced 15 against the probable outcome of further litigation and the significant risks relating to certification, 16 liability 25 and damages issues. It further appears that the allocation of the Gross Settlement Amount 26 between the Xxxxxx Settlement Amount and the Xxxxx/Xxxx Settlement Amount is fair, adequate 27 and reasonable as to all potential Class Members. It further appears that investigation and research 1 have been 17 conducted such that counsel for the Parties are able to reasonably evaluate their 2 respective 18 positions. It further appears to the Court that the Settlement settlement at this time will avoid 3 substantial additional costs 19 by all Parties, as well as avoid the delay and risks that would be 4 presented by the further 20 prosecution of the ActionActions. It further appears that the Settlement has been 5 reached as the result of 21 intensive, serious and non-collusive, arms-length negotiations. 22 6 4. The Court preliminarily finds that the Settlement appears to be within the range of 23 7 reasonableness of a settlement that could ultimately be given final approval by this Court. The 24 8 Court has reviewed the monetary recovery that is being granted as part of the Settlement and 25 9 preliminarily finds that the monetary settlement award awards made available to the Settlement Class is 26 are fair, 10 adequate, and reasonable when balanced against the probable outcome of further litigation 27 and the significant risks relating 11 to certification, liability, and damages issues. 1 12 5. The Agreement Settlement specifies for an attorneys’ fees award not to exceed one-third of the 2 13 Gross Settlement Amount, an award of litigation expenses incurred, not to exceed $15,000160,000, and a 3 14 proposed Class Representative Service Payment service awards to the Plaintiff in an amount not to exceed 4 $10,000Plaintiffs. The Court will not approve the amount of attorneys' 15 fees and costs, nor the amount of 5 any service award, until the Final Approval Hearing. Plaintiff Plaintiffs 16 will be required to present evidence 6 supporting these requests, including lodestar, prior to final 17 approval. 7 18 6. The Court recognizes that Plaintiff Plaintiffs and Defendant Defendants stipulate and agree to 8 representative treatment and 19 certification of a class for settlement purposes only. This stipulation 9 will not be deemed 20 admissible in this or any other proceeding should this Settlement not become 10 final. For settlement 21 purposes only, the Court conditionally certifies the following Settlement 11 Class: “all All individuals who are or 22 previously were employed by Defendant El Pollo Loco, Inc. in a corporate owned El Pollo Loco 23 restaurant located in California who were 12 classified as employees exempt from overtime and held the positions of Marketing Specialist, 13 Senior Marketing Specialist, Product Marketing & Communications Specialist, Senior Product 14 Marketing & Communication Specialist, Marketing & Communications Specialist, and Senior 15 Marketing & Communication Specialist at any time during the Settlement Class Period.” TheThe Class is divided into 24 two subclasses which are the Xxxxxx Subclass and the Xxxxx/Xxxx Subclass. The Xxxxxx Subclass 25 consists of all members of the Class except for all current and former General Managers, Acting 26 General Managers, General Managers in Training, Managers, Assistant Managers, Managers in 27 Training, Team Leaders, Team Leaders in Training, Shift Leaders and Shift Leaders in Training 1 (“non-managerial employees”). The Xxxxx/Xxxx Subclass consists of all current and former 2 General Managers, Acting General Managers, General Managers in Training, Managers, Assistant 3 Managers, Managers in Training, Team Leaders, Team Leaders in Training, Shift Leaders and 4 Shift Leaders in Training (“managerial employees”) in the Class. 5 7. The Court concludes that, for settlement purposes only, the Class, as divided into 6 the Xxxxxx Subclass and the Xxxxx/Xxxx Subclass, meets the requirements for certification under 7 section 382 of the California Code of Civil Procedure in that: (a) the Class is ascertainable and so 8 numerous that joinder of all members of the Class is impracticable; (b) common questions of law 9 and fact predominate, and there is a well-defined community of interest amongst the members of 10 the Class with respect to the subject matter of the litigation; (c) the claims of the plaintiffs are 11 typical of the claims of the members of the Class; (d) the Plaintiffs will fairly and adequately 12 protect the interests of the members of the Class; (e) a class action is superior to other available 13 methods for the efficient adjudication of this controversy; and (f) counsel for the Class is qualified 14 to act as counsel for the Class and the Plaintiffs are adequate representatives of the Class.

IT IS HEREBY ORDERED. 5 4 1. The Court preliminarily approves the First Amended Class Action and PAGA Settlement 6 5 Agreement (“Agreement” or “Settlement”) attached as Exhibit #1 to the Declaration of Xxxx 7 Nordrehaug Xxxxxxxxxx in 6 Support of Plaintiff’s Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement. 8 This is based 7 on the Court’s determination that the Settlement set forth in the Agreement is within 9 the range of 8 possible final approval, pursuant to the provisions of Section 382 of the California 10 Code of Civil 9 Procedure and California Rules of Court, rule 3.769. 11 10 2. This Order incorporates by reference the definitions in the Agreement, and all 12 11 terms defined therein shall have the same meaning in this Order as set forth in the Agreement. 12 3. The Total Settlement Amount that Defendant shall pay is Two Million Dollars 13 3($2,000,000). It appears to the Court on a preliminary basis that the settlement amount and terms 14 are fair, adequate and reasonable as to all potential Settlement Class Members when balanced 15 against the 15 probable outcome of further litigation and the significant risks relating to certification, 16 liability and 16 damages issues. It further appears that investigation and research have been 17 conducted such that 17 counsel for the Parties are able to reasonably evaluate their respective 18 positions. It further appears 18 to the Court that the Settlement will avoid substantial additional costs 19 by all Parties, as well as 19 avoid the delay and risks that would be presented by the further 20 prosecution of the Action. It 20 further appears that the Settlement has been reached as the result of 21 serious and non-collusive, 21 arms-length negotiations. 22 4. The Court preliminarily finds that the Settlement appears to be within the range of 23 reasonableness of a settlement that could ultimately be given final approval by this Court. The 24 Court has reviewed the monetary recovery that is being granted as part of the Settlement and 25 preliminarily finds that the monetary settlement award awards made available to the Settlement Class is 26 fair, 26 adequate, and reasonable when balanced against the probable outcome of further litigation 27 and the 27 significant risks relating to certification, liability, and damages issues. 1 5. The Agreement specifies for an attorneys’ fees award not to exceed one-third of the 2 Gross Total Settlement Amount, an award of litigation expenses incurred, not to exceed $15,00020,000, and a 3 proposed Class Representative Service Payment Payments to the Plaintiff two Plaintiffs in an amount not to exceed 4 $10,00012,500 each. The Court will not approve the amount of attorneys' fees and costs, nor the amount 5 of 5 any service award, until the Final Approval Hearing. Plaintiff Plaintiffs will be required to present 6 evidence 6 supporting these requests, including lodestar, prior to final approval. 7 6. The Court recognizes that Plaintiff Plaintiffs and Defendant stipulate and agree to 8 representative treatment and certification of a class for settlement purposes only. This stipulation 9 will not be deemed admissible in this or any other proceeding should this Settlement not become 10 final11 both the California Class and the FCRA Class. For settlement purposes only, the Court conditionally certifies the following Settlement 11 Class: “The California Class is defined as all individuals 12 who are or previously were employed by Defendant in California who were 12 and classified as employees non-exempt from overtime and held the positions of Marketing Specialist, 13 Senior Marketing Specialist, Product Marketing & Communications Specialist, Senior Product 14 Marketing & Communication Specialist, Marketing & Communications Specialist, and Senior 15 Marketing & Communication Specialist at any time during 13 the Settlement California Class Period. The “California Class Period” is from August 11, 2018 through July 14 28, 2023. The FCRA Class is defined as all individuals who applied to work for Defendant who 15 were classified as either exempt or non-exempt in the United States during the FCRA Class Period 16 for whom background checks were run using the same federal FCRA form as that contained on 18 2020 through December 9, 2022.” The 19 7. The Court concludes that, for settlement purposes only, the Class meets the 20 requirements for certification under section 382 of the California Code of Civil Procedure in that: (a) the Class is ascertainable and so numerous that joinder of all members of the Class is

IT IS HEREBY ORDERED. 5 11 1. The Court preliminarily approves the First Amended Class Action and PAGA Settlement 6 12 Agreement (“Agreement” or “Settlement”) attached as Exhibit #1 to the Declaration of Xxxx 7 Nordrehaug Xxxxxxxxxx in 13 Support of Plaintiff’s Motion for Preliminary Approval of Class Action Settlement. 8 This is based 14 on the Court’s determination that the Settlement set forth in the Agreement is within 9 the range of 15 possible final approval, pursuant to the provisions of Section 382 of the California 10 Code of Civil 16 Procedure and California Rules of Court, rule 3.769. 11 17 2. This Order incorporates by reference the definitions in the Agreement, and all 12 18 terms defined therein shall have the same meaning in this Order as set forth in the Agreement. 13 19 3. The Gross Settlement Amount that Defendants shall pay is Five Hundred Sixty- 20 Five Thousand Dollars ($565,000). It appears to the Court on a preliminary basis that the 21 settlement amount and terms 14 are fair, adequate and reasonable as to all potential Settlement Class Members 22 when balanced 15 against the probable outcome of further litigation and the significant risks relating 23 to certification, 16 liability and damages issues. It further appears that investigation and research 24 have been 17 conducted such that counsel for the Parties are able to reasonably evaluate their 25 respective 18 positions. It further appears to the Court that the Settlement will avoid substantial 26 additional costs 19 by all Parties, as well as avoid the delay and risks that would be presented by the 1 further 20 prosecution of the Action. It further appears that the Settlement has been reached as the 2 result of 21 serious and non-collusive, arms-length negotiations. 22 3 4. The Court preliminarily finds that the Settlement appears to be within the range of 23 4 reasonableness of a settlement that could ultimately be given final approval by this Court. The 24 5 Court has reviewed the monetary recovery that is being granted as part of the Settlement and 25 6 preliminarily finds that the monetary settlement award awards made available to the Settlement Class is 26 fair, 7 adequate, and reasonable when balanced against the probable outcome of further litigation 27 and the 8 significant risks relating to certification, liability, and damages issues. 1 9 5. The Agreement specifies for an attorneys’ fees award not to exceed one-third of the 2 10 Gross Settlement Amount, an award of litigation expenses incurred, not to exceed $15,00020,000, and a 3 11 proposed Class Representative Service Payment to the Plaintiff in an amount not to exceed 4 12 $10,000. The Court will not approve the amount of attorneys' fees and costs, nor the amount of 5 13 any service award, until the Final Approval Hearing. Plaintiff will be required to present evidence 6 14 supporting these requests, including lodestar, prior to final approval. 7 15 6. The Court recognizes that Plaintiff and Defendant Defendants stipulate and agree to 8 16 representative treatment and certification of a class for settlement purposes only. This stipulation 9 17 will not be deemed admissible in this or any other proceeding should this Settlement not become 10 18 final. For settlement purposes only, the Court conditionally certifies the following Settlement 11 Class: Class which consists of 19 “all individuals who are or previously were employed by Defendant one or more Defendants in California 20 who were 12 classified as non-exempt employees exempt from overtime and held the positions of Marketing Specialist, 13 Senior Marketing Specialist, Product Marketing & Communications Specialist, Senior Product 14 Marketing & Communication Specialist, Marketing & Communications Specialist, and Senior 15 Marketing & Communication Specialist at any time during the Settlement Class Period.” TheThe “Class Period” is 21 March 5, 2020 through September 22, 2022. 22 7. The Court concludes that, for settlement purposes only, the Class meets the 23 requirements for certification under section 382 of the California Code of Civil Procedure in that: (a) the Class is ascertainable and so numerous that joinder of all members of the Class is