Stay of Litigation. The Parties agree that upon the execution of this Agreement the litigation shall be stayed, except to effectuate the terms of this Agreement. [ S i g n a t u r e s o n n e x t p a g e . ] IT IS XXXXXX AGREED. DATED: August 21, 2023 President Defendant Professional Automotive Relocation Services, Inc. DATED: August 21, 2023 Xxxxx Xxxxxxxxx Plaintiff and Class Representative DATED: August 21, 2023 Xxxxxx Xxxxxxx XXXXXXXXX XXXXXXX XXXXXXXX XXXXXXX LLP Attorneys for Plaintiff and Class Counsel DATED: August 21, 2023 Xxxxxx Xxxx SCOPELITIS, XXXXXX, XXXXX, XXXXXX & XXXXX, P.C. Attorneys for Defendant Professional Automotive Relocation Services, Inc. 0000-0000-0000, v. 1 COURT-APPROVED NOTICE OF CLASS ACTION AND PAGA SETTLEMENT AND DATE FOR FINAL APPROVAL HEARING XXXXX XXXXXXXXX, ON BEHALF OF HIMSELF AND THE CLASS MEMBERS v. PROFESSIONAL AUTOMOTIVE RELOCATION SERVICES, INC. CASE NO. CGC-22-603167 IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO The Superior Court for the State of California authorized this Notice. Read it carefully! It’s not junk mail, spam, an advertisement, or solicitation by a lawyer. You are not being sued. You may be eligible to receive money from a class action lawsuit (“Action”) filed by Plaintiff, Xxxxx Xxxxxxxxx, against Professional Automotive Relocation Services, Inc. (“PARS”) in which Plaintiff alleges PARS misclassified vehicle transport drivers as “independent contractors” rather than “employees.” In the Complaint, Plaintiff seeks compensation for allegedly unpaid wages, noncompliant meal and rest periods, and unreimbursed expenses; penalties for allegedly noncompliant wage statements and untimely payment of wages due upon termination; and civil penalties under the California Private Attorneys General Act (“PAGA”), for himself and all vehicle transport drivers who performed at least one Vehicle Transport for PARS in California, while being classified by PARS as an “independent contractor,” at any time from November 18, 2018 to [INSERT PRELIMINARY APPROVAL DATE OR AUGUST 31, 2023, WHICHEVER IS EARLIER]. PARS denies the allegations asserted in the Action but has agreed, subject to the Court’s Final Approval, to settle Plaintiff’s claims on a classwide basis (the “Settlement”). The Settlement has two main parts: (1) a Class Settlement requiring PARS to pay Individual Class Member Payments to Participating Class Members, and (2) a PAGA Settlement requiring PARS to pay Individual PAGA Payments to Aggrieved Class Members, and a PAGA Payment to the California Labor and Workforce Development Agency (“LWDA”). Based on PARS’s records, you performed Vehicle Transports with a pickup, transport and/or delivery within California between November 23, 2018 and [INSERT DATE OF PRELIMINARY APPROVAL OR AUGUST 31, 2023, WHICHEVER IS EARLIER] (the “Class Period”); and you performed Vehicle Transports with a pickup, transport and/or delivery within California between November 10, 2021 to [INSERT PRELIMINARY APPROVAL DATE or AUGUST 31, 2023, WHICHEVER IS EARLIER] (the “PAGA Period”). If you believe that you had more Vehicle Transports during either of these periods, you may submit a dispute by the Response Deadline in Section 5 of this Notice. Based on calculations by the Administrator using the criteria explained in Section 3 of this Notice, your Individual Class Payment is estimated to be $ $ factors. [IF APPLICABLE and your Individual PAGA Payment is estimated to be , for a total of $_ ]. The actual amount you receive may be different based on various The Court has already preliminarily approved the Settlement and approved this Notice. Your legal rights are affected whether or not you take action. At the Final Approval Hearing, the Court will decide whether to finally approve the Settlement. The Court will also decide whether to enter a judgment that requires PARS to make payments under the Settlement and requires Participating and Non-Participating Class Members to give up their rights to assert certain claims against PARS. SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT DO NOTHING Receive compensation but lose rights to sue. If you do nothing, you will receive compensation for the claims asserted in this Action. You also will give up any rights to sue PARS about the same claims that were or could have been asserted in this lawsuit. ASK TO BE EXCLUDED (OPT OUT) Get no compensation from the Class Settlement. Keep rights to sue separately. The Deadline to Request Exclusion (Opt Out) is [INSERT DATE 60 DAYS AFTER NOTICE GOES OUT] If you don’t want to fully participate in the proposed Class Settlement, you can request to be excluded from the Class Settlement by sending the Administrator a written Request for Exclusion. Once excluded, you will be a Non-Participating Class Member and will no longer be eligible for an Individual Class Member Payment. Non-Participating Class Members also cannot object to the Class portion of the proposed Settlement, which is explained in Section 5 of this Notice. You cannot opt-out of the PAGA portion of the proposed Settlement. PARS must pay Individual PAGA Payments to Non- Participating Class Members who performed at least one Vehicle Transport for PARS during the PAGA Period, and these individuals must give up their rights to pursue the PAGA Released Claims as explained in Section 5 of this Notice. OBJECT Tell the Court why you don’t like the Settlement. Written Objections Must be Submitted by [INSERT DATE 60 DAYS AFTER NOTICE GOES OUT]. You also may appear at the Final Approval Hearing to make an objection. You must be a Participating Class Member to object to the Class portion of the Settlement. This means you cannot object to the Class portion of the Settlement if you request exclusion from the Class Settlement. Regardless of whether you are a Participating Class Member, you may still object to the PAGA portion of the Settlement if you performed at least one Vehicle Transport during the PAGA Period. Dispute PARS’ records of your Vehicle Transports if you believe they are inaccurate. The amount of your Individual Class Payment and Individual PAGA Payment (if any) depends on the number of Vehicle Transports you performed in California during the Class Period and/or PAGA Period. If you disagree with the number(s) of Vehicle Transports listed on the first page of this Notice, you may submit a dispute by [INSERT DATE 60 DAYS AFTER NOTICE] as explained in Section 5 of this Notice. ** PARS will not retaliate against you for any actions you take with respect to the proposed Settlement **
Appears in 1 contract
Samples: And Paga Settlement Agreement
Stay of Litigation. The Parties agree that upon the execution of this Agreement the litigation shall be stayed, except to effectuate the terms of this Agreement. [ S i g n The Parties further agree that upon the signing of this Agreement that pursuant to CCP section 583.330 to extend the date to bring a t u r e s o n n e x t p a g e case to trial under CCP section 583.310 for the entire period of this settlement process. ] IT IS Dated: 12/27/2022 PLAINTIFF XXXXX XXXX Plaintiff Xxxxx Xxxx Dated: 12/27/2022 PLAINTIFF XXXXXXX XXXXXX AGREED. DATEDPlaintiff Xxxxxxx Xxxxxx Dated: August 21HUNTINGTON XXXXXXX INCORPORATED Please Print Name of Authorized Signatory Dated: HII FLEET SUPPORT GROUP, LLC Dated: PLAINTIFF XXXXX XXXX Plaintiff Xxxxx Xxxx Dated: PLAINTIFF XXXXXXX XXXXXX Plaintiff Xxxxxxx Xxxxxx January 11, 2023 President Defendant Professional Automotive Relocation ServicesHUNTINGTON XXXXXXX INCORPORATED Dated: Xxxxxxx X. Xxxxx Please Print Name of Authorized Signatory HII FLEET SUPPORT GROUP, Inc. DATEDLLC Dated: August 21January 11, 2023 Xxxxxxx X. Xxxxx APPROVED AS TO FORM JUSTICE LAW CORPORATION Dated: December 27, 2022 Attorneys for Plaintiffs Xxxxx Xxxx and Xxxxxxx Xxxxxx XXXXXXXX, XXXXXX, XXXXXXX & XXXXXXX LLP Dated: Xxxxx X. Xxxxxxxxxx Attorneys for Defendants Huntington Xxxxxxx Incorporated and HII Fleet Support Group, LLC APPROVED AS TO FORM JUSTICE LAW CORPORATION Dated: Attorneys for Plaintiffs Xxxxx Xxxx and Xxxxxxx Xxxxxx XXXXXXXX, XXXXXX, XXXXXXX & XXXXXXX LLP Dated: January 11, 2023 Xxxxx Xxxxxxxxx Plaintiff and Class Representative DATED: August 21, 2023 Xxxxxx Xxxxxxx XXXXXXXXX XXXXXXX XXXXXXXX XXXXXXX LLP X. Xxxxxxxxxx Attorneys for Plaintiff Defendants Huntington Xxxxxxx Incorporated and Class Counsel DATED: August 21HII Fleet Support Group, 2023 Xxxxxx Xxxx SCOPELITIS, XXXXXX, XXXXX, XXXXXX & XXXXX, P.C. Attorneys for Defendant Professional Automotive Relocation Services, Inc. 0000-0000-0000, v. 1 COURT-LLC EXHIBIT A COURT APPROVED NOTICE OF CLASS ACTION AND PAGA SETTLEMENT AND HEARING DATE FOR FINAL APPROVAL HEARING XXXXX XXXXXXXXX, ON BEHALF OF HIMSELF AND THE CLASS MEMBERS v. PROFESSIONAL AUTOMOTIVE RELOCATION SERVICES, INC. CASE NO. CGC-22-603167 IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO The Superior Court for the State of California authorized this Notice. Read it carefully! It’s not junk mail, spam, an advertisement, or solicitation by a lawyer. You are not being sued. You may be eligible to receive money from a class action lawsuit (“Action”) filed by Plaintiff, Xxxxx Xxxxxxxxx, against Professional Automotive Relocation Services, Inc. (“PARS”) in which Plaintiff alleges PARS misclassified vehicle transport drivers as “independent contractors” rather than “employees.” In the Complaint, Plaintiff seeks compensation for allegedly unpaid wages, noncompliant meal and rest periods, and unreimbursed expenses; penalties for allegedly noncompliant wage statements and untimely payment of wages due upon termination; and civil penalties under the California Private Attorneys General Act (“PAGA”), for himself and all vehicle transport drivers who performed at least one Vehicle Transport for PARS in California, while being classified by PARS as an “independent contractor,” at any time from November 18, 2018 to [INSERT PRELIMINARY APPROVAL DATE OR AUGUST 31, 2023, WHICHEVER IS EARLIER]. PARS denies the allegations asserted in the Action but has agreed, subject to the Court’s Final Approval, to settle Plaintiff’s claims on a classwide basis (the “Settlement”). The Settlement has two main parts: (1) a Class Settlement requiring PARS to pay Individual Class Member Payments to Participating Class Members, and (2) a PAGA Settlement requiring PARS to pay Individual PAGA Payments to Aggrieved Class Members, and a PAGA Payment to the California Labor and Workforce Development Agency (“LWDA”). Based on PARS’s records, you performed Vehicle Transports with a pickup, transport and/or delivery within California between November 23, 2018 and [INSERT DATE OF PRELIMINARY APPROVAL OR AUGUST 31, 2023, WHICHEVER IS EARLIER] (the “Class Period”); and you performed Vehicle Transports with a pickup, transport and/or delivery within California between November 10, 2021 to [INSERT PRELIMINARY APPROVAL DATE or AUGUST 31, 2023, WHICHEVER IS EARLIER] (the “PAGA Period”). If you believe that you had more Vehicle Transports during either of these periods, you may submit a dispute by the Response Deadline in Section 5 of this Notice. Based on calculations by the Administrator using the criteria explained in Section 3 of this Notice, your Individual Class Payment is estimated to be $ $ factors. [IF APPLICABLE and your Individual PAGA Payment is estimated to be , for a total of $_ ]. The actual amount you receive may be different based on various The Court has already preliminarily approved the Settlement and approved this Notice. Your legal rights are affected whether or not you take action. At the Final Approval Hearing, the Court will decide whether to finally approve the Settlement. The Court will also decide whether to enter a judgment that requires PARS to make payments under the Settlement and requires Participating and Non-Participating Class Members to give up their rights to assert certain claims against PARS. SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT DO NOTHING Receive compensation but lose rights to sue. If you do nothing, you will receive compensation for the claims asserted in this Action. You also will give up any rights to sue PARS about the same claims that were or could have been asserted in this lawsuit. ASK TO BE EXCLUDED (OPT OUT) Get no compensation from the Class Settlement. Keep rights to sue separately. The Deadline to Request Exclusion (Opt Out) is [INSERT DATE 60 DAYS AFTER NOTICE GOES OUT] If you don’t want to fully participate in the proposed Class Settlement, you can request to be excluded from the Class Settlement by sending the Administrator a written Request for Exclusion. Once excluded, you will be a Non-Participating Class Member and will no longer be eligible for an Individual Class Member Payment. Non-Participating Class Members also cannot object to the Class portion of the proposed Settlement, which is explained in Section 5 of this Notice. You cannot opt-out of the PAGA portion of the proposed Settlement. PARS must pay Individual PAGA Payments to Non- Participating Class Members who performed at least one Vehicle Transport for PARS during the PAGA Period, and these individuals must give up their rights to pursue the PAGA Released Claims as explained in Section 5 of this Notice. OBJECT Tell the Court why you don’t like the Settlement. Written Objections Must be Submitted by [INSERT DATE 60 DAYS AFTER NOTICE GOES OUT]. You also may appear at the Final Approval Hearing to make an objection. You must be a Participating Class Member to object to the Class portion of the Settlement. This means you cannot object to the Class portion of the Settlement if you request exclusion from the Class Settlement. Regardless of whether you are a Participating Class Member, you may still object to the PAGA portion of the Settlement if you performed at least one Vehicle Transport during the PAGA Period. Dispute PARS’ records of your Vehicle Transports if you believe they are inaccurate. The amount of your Individual Class Payment and Individual PAGA Payment (if any) depends on the number of Vehicle Transports you performed in California during the Class Period and/or PAGA Period. If you disagree with the number(s) of Vehicle Transports listed on the first page of this Notice, you may submit a dispute by [INSERT DATE 60 DAYS AFTER NOTICE] as explained in Section 5 of this Notice. ** PARS will not retaliate against you for any actions you take with respect to the proposed Settlement **APPROVAL
Appears in 1 contract
Stay of Litigation. The Parties agree that upon the execution of this Agreement the litigation shall be stayed, except to effectuate the terms of this Agreement. [ S i g n The Parties further agree that upon the signing of this Agreement that pursuant to CCP section 583.330 to extend the date to bring a t u r e s o n n e x t p a g e case to trial under CCP section 583.310 for the entire period of this settlement process. ] IT ACCEPTED AND AGREED XXXXX XXXXXXX XXXXXX ACKNOWLEDGES AND UNDERSTANDS (1) THAT XXXXXXX XXXXXXXX, ESQ. IS XXXXXX AGREEDNOT HIS ATTORNEY IN HIS INDIVIDUAL ACTION, HAS BEEN RELIEVED BY THE COURT AS OF MAY 3, 2022, HAS NOT PROVIDED LEGAL ADVICE THEREAFTER AS TO HIS INDIVIDUAL ACTION, AND WILL NOT PROVIDE ANY LEGAL ADVICE AS TO HIS INDIVIDUAL ACTION; AND (2) HE HAS BEEN AFFORDED THE OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL ADVICE AND CONFIRMS BY THE EXECUTION AND DELIVERY OF THIS AGREEMENT THAT HE HAS EITHER DONE SO OR WAIVED HIS RIGHT TO DO SO IN CONNECTION WITH ENTERING INTO THIS AGREEMENT SINCE THE 12/07/2022 RELEASE PROVIDED IN THIS AGREEMENT MAY AFFECT HIS INDIVIDUAL ACTION. DATED: August 21, 2023 President Defendant Professional Automotive Relocation Services, Inc. DATED: August 21, 2023 Plaintiff Xxxxx Xxxxxxxxx Xxxxxxx Dated Plaintiff and Class Representative DATED: August 21, 2023 Xxxxxx Xxxx III Dated Plaintiff Xxxxx Xxxxxxx XXXXXXXXX XXXXXXX XXXXXXXX XXXXXXX LLP Attorneys for Dated Plaintiff and Xxxxxx Xxxxxxxx Dated Class Counsel DATED– Xxxxxxx Xxxxxxxx, Esq. December 8, 2022 Dated Defendant JBT By: August 21, 2023 Dated Title: RELEASE PROVIDED IN THIS AGREEMENT MAY AFFECT HIS INDIVIDUAL ACTION. Plaintiff Xxxxx Xxxxxxx Dated Plaintiff Xxxxxx Xxxx SCOPELITISIII Dated Plaintiff Xxxxx Xxxxxxx Dated Plaintiff Xxxxxx Xxxxxxxx Dated Class Counsel – Xxxxxxx Xxxxxxxx, XXXXXXEsq. Dated Defendant JBT By: Dated Title: EXHIBIT B Employee ID Current Employee Hire Date Hours Owed Amount Owed $ (6,498.04) 9 2/18/2016 -7.92 $ (166.32) 11 5/9/2017 -23.92 $ (609.96) 12 9/15/2015 -1.92 $ (42.34) 15 3/23/2020 -32.00 $ (705.60) 26 5/9/2017 -4.92 $ (108.24) 57 4/2/2019 -7.18 $ (157.96) 72 8/27/2019 -23.36 $ (584.00) 100 5/9/2017 -1.92 $ (42.34) 110 1/22/2012 -6.00 $ (150.00) 158 5/8/2017 -13.92 $ (320.16) 165 3/9/2020 -8.00 $ (176.00) 178 5/8/2017 -5.92 $ (124.32) 204 9/1/2011 -102.14 $ (2,962.06) 221 6/30/2013 -14.84 $ (348.74) RELEASE PROVIDED IN THIS AGREEMENT MAY AFFECT HIS INDIVIDUAL ACTION. Plaintiff Xxxxx Xxxxxxx Plaintiff Xxxxxx Xxxx XXX Dated December 6, XXXXX2022 Dated Plaintiff Xxxxx Xxxxxxx Dated Plaintiff Xxxxxx Xxxxxxxx Dated Class Counsel – Xxxxxxx Xxxxxxxx, XXXXXX & XXXXXEsq. Dated Defendant JBT By: Dated Title: RELEASE PROVIDED IN THIS AGREEMENT MAY AFFECT HIS INDIVIDUAL ACTION. Plaintiff Xxxxx Xxxxxxx Dated Plaintiff Xxxxxx Xxxx III Dated Plaintiff Xxxxx Xxxxxxx Dated Plaintiff Xxxxxx Xxxxxxxx Dated Class Counsel – Xxxxxxx Xxxxxxxx, P.C. Attorneys Esq. Dated Defendant JBT By: Dated Title: EXHIBIT B Employee ID Current Employee Hire Date Hours Owed Amount Owed $ (6,498.04) 9 2/18/2016 -7.92 $ (166.32) 11 5/9/2017 -23.92 $ (609.96) 12 9/15/2015 -1.92 $ (42.34) 15 3/23/2020 -32.00 $ (705.60) 26 5/9/2017 -4.92 $ (108.24) 57 4/2/2019 -7.18 $ (157.96) 72 8/27/2019 -23.36 $ (584.00) 100 5/9/2017 -1.92 $ (42.34) 110 1/22/2012 -6.00 $ (150.00) 158 5/8/2017 -13.92 $ (320.16) 165 3/9/2020 -8.00 $ (176.00) 178 5/8/2017 -5.92 $ (124.32) 204 9/1/2011 -102.14 $ (2,962.06) 221 6/30/2013 -14.84 $ (348.74) RELEASE PROVIDED IN THIS AGREEMENT MAY AFFECT HIS INDIVIDUAL ACTION. Plaintiff Xxxxx Xxxxxxx Dated Plaintiff Xxxxx Xxxxxxx Plaintiff Xxxxxx Xxxx III Dated Dated Plaintiff Xxxxxx Xxxxxxxx Dated Class Counsel – Xxxxxxx Xxxxxxxx, Esq. Dated Defendant JBT By: Dated Title: Counsel for Defendant Professional Automotive Relocation ServicesJBT – Xxxxxx Xxxxxxxx, Inc. 0000-0000-0000, v. 1 COURT-Esq. Dated Xxxxxx Price (CA) LLP EXHIBIT “A” COURT APPROVED NOTICE OF CLASS ACTION AND PAGA SETTLEMENT AND HEARING DATE FOR FINAL COURT APPROVAL HEARING XXXXX XXXXXXXXX(Xxxxx Xxxxxxx, ON BEHALF OF HIMSELF AND THE CLASS MEMBERS et al., v. PROFESSIONAL AUTOMOTIVE RELOCATION SERVICESXxxx Xxxx Technologies Corporation, INCet al., Superior Court of the State of California, County of Los Angeles, Case No. CASE NO. CGC-22-603167 IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO 20STCV07367) The Superior Court for the State of California authorized this Notice. Read it carefully! It’s not junk mail, spam, an advertisement, or solicitation by a lawyer. You are not being sued. You may be eligible to receive money from a an employee class action lawsuit (“Action”) against Xxxx Xxxx Technologies Corporation (“JBT”) for alleged wage and hour violations. The Action was filed by Plaintiffformer JBT employees Xxxxx Xxxxxxx, Xxxxxx Xxxx XXX, Xxxxx Xxxxxxxxx, against Professional Automotive Relocation Services, Inc. Xxxxxxx and Xxxxxx Xxxxxxxx (“PARSPlaintiffs”) and seeks payment for (1) failure to indemnify for expenditures incurred in which Plaintiff alleges PARS misclassified vehicle transport drivers as “independent contractors” rather than “employees.” In the Complaint, Plaintiff seeks compensation discharge of duties; (2) failure to pay for allegedly unpaid wages, noncompliant meal accrued paid time off; (3) failure to pay minimum wage; (4) failure to provide accurate itemized wage statements; (5) waiting time penalties; (6) unfair business practices in violation of California Business and rest periods, and unreimbursed expenses; penalties for allegedly noncompliant wage statements and untimely payment of wages due upon terminationProfessions Code §§ 17200-17208; and civil (7) injunctive relief for a class of hourly employees (“Class Members”) who worked for JBT at Los Angeles International Airport (“LAX”) and/or Ontario International Airport (“ONT”) during the Class Period from February 21, 2016 to the date the Court grants Preliminary Approval of the Settlement; and (8) penalties under the California Private Attorneys General Act (“PAGA”), ) for himself and all vehicle transport drivers hourly employees who performed worked for JBT at least one Vehicle Transport for PARS in California, while being classified by PARS as an “independent contractor,” at any time LAX and/or ONT during the PAGA Period from November 18September 17, 2018 to [INSERT PRELIMINARY APPROVAL DATE OR AUGUST 31, 2023, WHICHEVER IS EARLIER]. PARS denies the allegations asserted in date the Action but has agreed, subject to Court grants Preliminary Approval of the Court’s Final Approval, to settle Plaintiff’s claims on a classwide basis Settlement (the “SettlementAggrieved Employees”). The proposed Settlement has two main parts: (1) a Class Settlement requiring PARS JBT to pay fund Individual Class Member Payments to Participating Class MembersPayments, and (2) a PAGA Settlement requiring PARS JBT to pay fund Individual PAGA Payments to Aggrieved Class Members, and a PAGA Payment pay penalties to the California Labor and Workforce Development Agency (“LWDA”). Based on PARSJBT’s records, you performed Vehicle Transports with a pickup, transport and/or delivery within California between November 23, 2018 and [INSERT DATE OF PRELIMINARY APPROVAL OR AUGUST 31, 2023, WHICHEVER IS EARLIER] (the “Class Period”); and you performed Vehicle Transports with a pickup, transport and/or delivery within California between November 10, 2021 to [INSERT PRELIMINARY APPROVAL DATE or AUGUST 31, 2023, WHICHEVER IS EARLIER] (the “PAGA Period”). If you believe that you had more Vehicle Transports during either of these periods, you may submit a dispute by the Response Deadline in Section 5 of this Notice. Based on calculations by the Administrator using the criteria explained in Section 3 of this Notice, your Individual Class Payment is estimated to be $ $ factors. [IF APPLICABLE (less withholding) and your Individual PAGA Payment is estimated to be , for a total of $_ ]$ . The actual amount you may receive may likely will be different and will depend on a number of factors. (If no amount is stated for your Individual PAGA Payment, then according to JBT’s records you are not eligible for an Individual PAGA Payment under the Settlement because you didn’t work during the PAGA Period.) The above estimates are based on various JBT’s records showing that you worked workweeks during the Class Period and you worked workweeks during the PAGA Period. If you believe that you worked more workweeks during either period, you can submit a challenge by the deadline date. See Section 4 of this Notice. [For Certain Current LAX Employees Only] [Additionally, you have been identified as a current LAX employee who is owed additional Vacation/PTO hours under the Los Angeles Living Wage Ordinance in the amount of hours, which equaled $ at the time of the Settlement. You have the right to either receive this dollar amount as a cash payment, less tax deductions, or elect to have the hours credited to your current JBT Vacation/PTO account if still employed by JBT at the time. If you want the hours credited, you will need to notify the Administrator of this choice in writing, not later than . Otherwise, the dollar amount will be paid to you as part of the settlement. The Court has already preliminarily approved the proposed Settlement and approved this Notice. The Court has not yet decided whether to grant final approval. Your legal rights are affected whether you act or not you take actionact. Read this Notice carefully. You will be deemed to have carefully read and understood it. At the Final Approval Hearing, the Court will decide whether to finally approve the SettlementSettlement and how much of the Settlement will be paid to Plaintiffs and Plaintiffs’ attorneys (“Class Counsel”). The Court will also decide whether to enter a judgment that requires PARS JBT to make payments under the Settlement and requires Participating and Non-Participating Class Members and Aggrieved Employees to give up their rights to assert certain claims against PARS. SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT DO NOTHING Receive compensation but lose rights to sueJBT. If you do nothing, you will receive compensation worked for the claims asserted in this Action. You also will give up any rights to sue PARS about the same claims that were JBT at LAX or could have been asserted in this lawsuit. ASK TO BE EXCLUDED (OPT OUT) Get no compensation from the Class Settlement. Keep rights to sue separately. The Deadline to Request Exclusion (Opt Out) is [INSERT DATE 60 DAYS AFTER NOTICE GOES OUT] If you don’t want to fully participate in the proposed Class Settlement, you can request to be excluded from the Class Settlement by sending the Administrator a written Request for Exclusion. Once excluded, you will be a Non-Participating Class Member and will no longer be eligible for an Individual Class Member Payment. Non-Participating Class Members also cannot object to the Class portion of the proposed Settlement, which is explained in Section 5 of this Notice. You cannot opt-out of the PAGA portion of the proposed Settlement. PARS must pay Individual PAGA Payments to Non- Participating Class Members who performed at least one Vehicle Transport for PARS during the PAGA Period, and these individuals must give up their rights to pursue the PAGA Released Claims as explained in Section 5 of this Notice. OBJECT Tell the Court why you don’t like the Settlement. Written Objections Must be Submitted by [INSERT DATE 60 DAYS AFTER NOTICE GOES OUT]. You also may appear at the Final Approval Hearing to make an objection. You must be a Participating Class Member to object to the Class portion of the Settlement. This means you cannot object to the Class portion of the Settlement if you request exclusion from the Class Settlement. Regardless of whether you are a Participating Class Member, you may still object to the PAGA portion of the Settlement if you performed at least one Vehicle Transport during the PAGA Period. Dispute PARS’ records of your Vehicle Transports if you believe they are inaccurate. The amount of your Individual Class Payment and Individual PAGA Payment (if any) depends on the number of Vehicle Transports you performed in California ONT during the Class Period and/or the PAGA Period. If you disagree with the number(s) of Vehicle Transports listed on the first page of this Notice, you may submit a dispute by [INSERT DATE 60 DAYS AFTER NOTICE] as explained in Section 5 of this Notice. ** PARS will not retaliate against you for any actions you take with respect to have two basic options under the proposed Settlement **Settlement:
Appears in 1 contract
Samples: Class Action and Paga Settlement Agreement and Class
Stay of Litigation. The Parties agree that upon the execution of this Agreement the litigation shall be stayed, except to effectuate the terms of this Agreement. [ S i g n The Parties further agree that upon the signing of this Agreement that pursuant to CCP section 583.330 to extend the date to bring a t u r e s o n n e x t p a g e case to trial under CCP section 583.310 for the entire period of this settlement process. ] IT IS XXXXXX AGREED. DATEDDated: August 2107/08/2023 XXXXXXXX XXXXXXXX By: Dated: 07/06/2023 Xxxx Xxxxxxx By: Dated: July 7, 2023 President Defendant Professional Automotive Relocation ServicesJUSTICE LAW CORPORATION By: Xxxxxxx Xxx, Inc. DATEDEsq. Attorneys for Plaintiffs. DocuSign Envelope ID: August 215611502B-3EE3-43B3-BAC1-AEF3DD8FFB8B Dated: MELROSE FACILITY MANAGEMENT, 2023 Xxxxx Xxxxxxxxx Plaintiff and Class Representative DATEDLLC By: August 21Its: On behalf of Melrose Facility Management, 2023 Xxxxxx Xxxxxxx LLC. Dated: XXXXXXXXX XXXXXXX XXXXXXXX XXXXXXX LLP & XXXXXX By: Xxxxx Xxxxxx Attorney for Melrose Facility Management, LLC RESEDA DISCOUNT CORPORATION Xxx Xx 6/30/2023 Dated: By: Its: President Dated: 6/30/2023 On behalf of Reseda Discount Corporation LAW OFFICE OF XXXXX X. XXXX By: Xxxxx Xxxx Attorney for Reseda Discount Corporation. Dated: RABBITSWAG INC. By: Its: On behalf of Rabbitswag Inc. Dated: XXXXXX XXXXXXX, P.C. By: Xxxxxx Xxxxxxxx Xxx Xxxxxx Attorneys for Plaintiff and Class Counsel DATEDRabbitswag Inc. Dated: August 21MELROSE FACILITY MANAGEMENT, 2023 LLC By: Its: On behalf of Melrose Facility Management, LLC. Dated: XXXXXXXXX XXXXXXX & XXXXXX By: Xxxxx Xxxxxx Attorney for Melrose Facility Management, LLC Dated: RESEDA DISCOUNT CORPORATION By: Its: On behalf of Reseda Discount Corporation Dated: LAW OFFICE OF XXXXX X. XXXX By: Xxxxx Xxxx SCOPELITIS, XXXXXX, XXXXX, Attorney for Reseda Discount Corporation. Dated: RABBITSWAG INC. By: Its: On behalf of Rabbitswag Inc. Dated: XXXXXX & XXXXXXXXXXXX, P.C. Attorneys for Defendant Professional Automotive Relocation Services, Inc. 0000-0000-0000, v. 1 COURT-APPROVED NOTICE OF CLASS ACTION AND PAGA SETTLEMENT AND DATE FOR FINAL APPROVAL HEARING XXXXX XXXXXXXXX, ON BEHALF OF HIMSELF AND THE CLASS MEMBERS v. PROFESSIONAL AUTOMOTIVE RELOCATION SERVICES, INC. CASE NO. CGC-22-603167 IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO The Superior Court for the State of California authorized this Notice. Read it carefully! It’s not junk mail, spam, an advertisement, or solicitation by a lawyer. You are not being sued. You may be eligible to receive money from a class action lawsuit (“Action”) filed by Plaintiff, Xxxxx Xxxxxxxxx, against Professional Automotive Relocation Services, Inc. (“PARS”) in which Plaintiff alleges PARS misclassified vehicle transport drivers as “independent contractors” rather than “employees.” In the Complaint, Plaintiff seeks compensation for allegedly unpaid wages, noncompliant meal and rest periods, and unreimbursed expenses; penalties for allegedly noncompliant wage statements and untimely payment of wages due upon termination; and civil penalties under the California Private Attorneys General Act (“PAGA”), for himself and all vehicle transport drivers who performed at least one Vehicle Transport for PARS in California, while being classified by PARS as an “independent contractor,” at any time from November 18, 2018 to [INSERT PRELIMINARY APPROVAL DATE OR AUGUST 31, 2023, WHICHEVER IS EARLIER]. PARS denies the allegations asserted in the Action but has agreed, subject to the Court’s Final Approval, to settle Plaintiff’s claims on a classwide basis (the “Settlement”). The Settlement has two main partsBy: (1) a Class Settlement requiring PARS to pay Individual Class Member Payments to Participating Class Members, and (2) a PAGA Settlement requiring PARS to pay Individual PAGA Payments to Aggrieved Class Members, and a PAGA Payment to the California Labor and Workforce Development Agency (“LWDA”). Based on PARS’s records, you performed Vehicle Transports with a pickup, transport and/or delivery within California between November 23, 2018 and [INSERT DATE OF PRELIMINARY APPROVAL OR AUGUST 31, 2023, WHICHEVER IS EARLIER] (the “Class Period”); and you performed Vehicle Transports with a pickup, transport and/or delivery within California between November 10, 2021 to [INSERT PRELIMINARY APPROVAL DATE or AUGUST 31, 2023, WHICHEVER IS EARLIER] (the “PAGA Period”). If you believe that you had more Vehicle Transports during either of these periods, you may submit a dispute by the Response Deadline in Section 5 of this Notice. Based on calculations by the Administrator using the criteria explained in Section 3 of this Notice, your Individual Class Payment is estimated to be $ $ factors. [IF APPLICABLE and your Individual PAGA Payment is estimated to be , for a total of $_ ]. The actual amount you receive may be different based on various The Court has already preliminarily approved the Settlement and approved this Notice. Your legal rights are affected whether or not you take action. At the Final Approval Hearing, the Court will decide whether to finally approve the Settlement. The Court will also decide whether to enter a judgment that requires PARS to make payments under the Settlement and requires Participating and Non-Participating Class Members to give up their rights to assert certain claims against PARS. SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT DO NOTHING Receive compensation but lose rights to sue. If you do nothing, you will receive compensation for the claims asserted in this Action. You also will give up any rights to sue PARS about the same claims that were or could have been asserted in this lawsuit. ASK TO BE EXCLUDED (OPT OUT) Get no compensation from the Class Settlement. Keep rights to sue separately. The Deadline to Request Exclusion (Opt Out) is [INSERT DATE 60 DAYS AFTER NOTICE GOES OUT] If you don’t want to fully participate in the proposed Class Settlement, you can request to be excluded from the Class Settlement by sending the Administrator a written Request for Exclusion. Once excluded, you will be a Non-Participating Class Member and will no longer be eligible for an Individual Class Member Payment. Non-Participating Class Members also cannot object to the Class portion of the proposed Settlement, which is explained in Section 5 of this Notice. You cannot opt-out of the PAGA portion of the proposed Settlement. PARS must pay Individual PAGA Payments to Non- Participating Class Members who performed at least one Vehicle Transport for PARS during the PAGA Period, and these individuals must give up their rights to pursue the PAGA Released Claims as explained in Section 5 of this Notice. OBJECT Tell the Court why you don’t like the Settlement. Written Objections Must be Submitted by [INSERT DATE 60 DAYS AFTER NOTICE GOES OUT]. You also may appear at the Final Approval Hearing to make an objection. You must be a Participating Class Member to object to the Class portion of the Settlement. This means you cannot object to the Class portion of the Settlement if you request exclusion from the Class Settlement. Regardless of whether you are a Participating Class Member, you may still object to the PAGA portion of the Settlement if you performed at least one Vehicle Transport during the PAGA Period. Dispute PARS’ records of your Vehicle Transports if you believe they are inaccurate. The amount of your Individual Class Payment and Individual PAGA Payment (if any) depends on the number of Vehicle Transports you performed in California during the Class Period and/or PAGA Period. If you disagree with the number(s) of Vehicle Transports listed on the first page of this Notice, you may submit a dispute by [INSERT DATE 60 DAYS AFTER NOTICE] as explained in Section 5 of this Notice. ** PARS will not retaliate against you for any actions you take with respect to the proposed Settlement **Xxxxxx Xxxxxxxx Xxx Xxxxxx
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Samples: Paga Settlement Agreement
