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Photo of Kern Co Non Criminal Court

Court

Kern Co Non Criminal Court

California

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Case Information

Filed 2022-09-14
Status Judgment
Type 15 Cv Other Employment Civil Unlimited
Docket 59 entries
Disposition SETTLEMENT

Parties

Plaintiff Shelly Chinsee, On Behalf Of Herself And Others Similarly Situated
Defendant Elite Nursing Services, Inc. | Hadfield, Lee
Photo of Hon. Zulfa David

Judge

Hon. Zulfa David

Kern County (CA)

California

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Lawyers

Docket Entries

  1. Comment 02/04/2022 CIVIL CASE COVER SHEET
  2. Comment 02/04/2022 SUMMONS
  3. Comment 02/04/2022 ADR PACKET
  4. Comment 02/04/2022 FIRST AMENDED GENERAL ORDER
  5. Comment 02/04/2022 VOLUNTARY EFFICIENT LITIGATION STIPULATIONS PACKET
  6. Comment 02/04/2022 NOTICE OF CASE ASSIGNMENT
  7. Comment 02/09/2022 PEREMPTORY CHALLENGE TO JUDICIAL OFFICER
  8. Comment 02/09/2022 Minute Order ( Court Order Re: Peremptory Challenge to Judicial Officer)
  9. Comment 02/09/2022 Certificate of Mailing
  10. Comment 02/22/2022 MINUTE ORDER (COURT ORDER RE: CASE REASSIGNMENT)
  11. Comment 02/22/2022 CERTIFICATE OF MAILING
  12. Comment 03/08/2022 INITIAL STATUS CONFERENCE ORDER
  13. Comment 03/08/2022 MINUTE ORDER (COURT ORDER)
  14. Comment 03/08/2022 CERTIFICATE OF MAILING
  15. Comment 03/17/2022 PROOF OF SERVICE OF SUMMONS
  16. Comment 04/05/2022 DEFENDANTS ELITE NURSING SERVICES, INC. AND LEE HADFIELD'S NOTICE OF APPEARANCE
  17. Comment 04/14/2022 JOINT STIPULATION
  18. Comment 04/15/2022 ORDER AUTHORIZING ELECTRONIC SERVICE
  19. Comment 04/15/2022 CERTIFICATE OF MAILING
  20. Comment 06/09/2022 STIPULATION CONSENTING TO PLAINTIFF FILING A FIRST-AMENDED COMPLAINT; ORDER
  21. Comment 06/29/2022 FIRST-AMENDED CLASS ACTION COMPLAINT
  22. Comment 07/01/2022 DEFENDANTS ELITE NURSING SERVICES, INC. AND LEE HADFIELD'S ANSWER TO FIRST AMENDED CLASS ACTION COMPLAINT
  23. Comment 07/21/2022 JOINT STIPULATION AND DENIED ORDER TO TRANSFER VENUE TO THE SUPERIOR COURT FOR THE COUNTY OR KERN
  24. Comment 07/21/2022 JOINT STIPULATION TO CONTINUE JULY 22, 2022 INITIAL STATUS CONFERENCE PENDING MEDIATION COMPLETION; ORDER
  25. Comment 08/08/2022 JOINT AMENDED STIPULATION AND ORDER TO TRANSFER VENUE TO THE SUPERIOR COURT FOR THE COUNTY OF KERN
  26. Comment 08/17/2022 MINUTE ORDER (COURT ORDER)
  27. Comment 08/17/2022 CERTIFICATE OF MAILING
  28. Comment 09/08/2022 NOTICE OF OUTGOING TRANSFER
  29. Comment 09/08/2022 CLERKS CERTIFICATE OF REPRODUCED COURT RECORDS
  30. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) Judicial Officer Bradshaw, J. Eric
  31. Comment of Tranfer In. Kern County Number BCV-22-102413
  32. Comment Notice of Assignment 09/16/2022
  33. Comment Notice Of Motion And Plaintiffs Unopposed Motion For Preliminary Approval Of Class And Representative Action Settlement
  34. Comment Memorandum Of Points And Authorities In Support Of Plaintiffs Unopposed Motion For Preliminary Approval Of Class And Representative Action Settlement
  35. Comment Declaration Of Shelly Chinsee In Support Of Plaintiffs Unopposed Motion For Preliminary Approval Of Class And Representative Action Settlement
  36. Comment Declaration Of Ashkan Shakouri In Support Of Motion For Preliminary Approval Of Class And Representative Action Settlement
  37. Comment Proof of Service re: Motion and Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement
  38. Judicial Officer Bradshaw, J. Eric Hearing Time 8:30 AM Result Held Comment 10/12/2022 Plaintiff's Motion for Preliminary Approval of Class Action
  39. Judicial Officer Bradshaw, J. Eric Comment ***GRANTED The Court hereby finds and ORDERS as follows: 1. The Court grants preliminary approval to the Settlement. The Settlement falls within the range of possible approval as fair, adequate and reasonable, and appears to be the product of arm's-length and informed negotiations and to treat all Class Members fairly. Continued litigation would have been expensive for both sides. The Parties acknowledge that litigating and trying this action may have resulted in delay of any recovery, involved significant risk as to liability and certification, and led to possible appeals. Class Counsel received the relevant information for the Class. Plaintiff has adequately demonstrated that the Settlement did not occur until Plaintiff and Class Counsel possessed sufficient information to evaluate the case and make an informed decision about settlement. The Settlement sets out the terms upon which Defendants will settle all claims which have been brought against them in this matter. 2. The Court finds on a preliminary basis that the allocation of funds in settlement for releasing the Released Parties from the Released Class Claims falls within the range of reasonableness and therefore meets the requirements for preliminary approval. The Court preliminarily accepts the parties' definition of the Class, for settlement purposes only, which is as follows: All of Elite's non-exempt employees who were assigned to work at any facility inside California from February 4, 2018 to 60 days from the date the Agreement is signed (i.e. November 7, 2022), or the date of preliminary approval, whichever occurs earlier. 3. The Court conditionally certifies and approves, for settlement purposes only, and without prejudice to any Party's rights to support or oppose class certification should the Settlementnot receive final approval by this Court, the Class described in this Order, the Motion for Preliminary Approval, and the Agreement 4. A subset of the Class that is defined as the "Aggrieved Employees" in the Agreement will be entitled to receive a portion of the "PAGA Penalties" under the terms of the Agreement, in settlement of their PAGA claims. The Court finds on a preliminary basis that the allocation of funds in releasing the Released Parties from the Released PAGA Claims falls within the range of reasonableness and therefore meets the requirements for preliminary approval. The Court preliminarily accepts the parties' definition of the Aggrieved Employees, for settlement purposes only, which is as follows All of Elite's non-exempt employees who were assigned to work at any facility inside California from February 14, 2021 to 60 days from the date the Agreement is signed (i.e. November 7, 2022), or the date of preliminary approval, whichever occurs earlier 5. The Court appoints, for settlement purposes only, Plaintiff Shelly Chinsee as the Class Representative. 6. The Court appoints, for settlement purposes only, Ashkan Shakouri and Sharon W. Lin of Shakouri Law Firm as counsel for the Class and the Aggrieved Employees ("Class Counsel"). 7. The Parties shall retain the services of Phoenix Settlement Administrators for the administration of the Settlement, and said entity is hereby appointed Administrator. 8. As described in the Agreement, Elite shall provide the Administrator with the Class Data, as specified in the Agreement, no later than 30 calendar days after the date of entry of this Order. As described in the Agreement, by no later than ten (10) calendar days after receiving the Class Data, the Administrator shall provide notice of settlement ("Class Notice") to all Class Members by first class U.S. mail to their last known address according to the information that Elite will provide to the Administrator pursuant to the Agreement. The Class Notice shall substantively be in the form lodged as Exhibit A to the Agreement. The Court finds that the content and schedule of the mailings discussed in this Order meet the requirements of due process, provide the best notice practicable, and will constitute sufficient notice to Class Members. 9. Class Members may exclude themselves from the Class, relinquishing their rights to their Individual Class Payments (but not their Individual PAGA Payments) by sending to the Administrator by U.S. mail a written "Request for Exclusion," as described in the Class Notice. Pursuant to the terms of the Agreement, all Class Members will be bound by the Agreement and its release unless they timely file a proper Request for Exclusion. A Class Member who opts out of the Settlement will not release his or her claims pursuant to the Agreement, except for Released PAGA Claims, as defined in the Agreement, whether or not he or she opts out of the Settlement. 10. Any Class Member who has not opted out and believes that the Settlement should not be finally approved by the Court for any reason may object to the Settlement. Class Members' written objections to the Administrator must be mailed not later than 45 days after the Settlement Administrator mails the Class Notice to them. Class Members may also appear in person or through an attorney, if they so desire, at the Final Approval Hearing to make their objection orally, regardless of whether they have submitted written objections to the Settlement. 11. The Court sets a Hearing on Final Approval for March 2, 2023 at 8:30 am in Department J of the Superior Court of the State of California,County of Kern, located at 1415 Truxtun Ave, Bakersfield, CA, 93301. Plaintiff must file a Motion for Final Approval of the Settlement, including any Application for Attorneys' Fees, Costs, and Expenses and Service Payment, with this Court by Jan. 30, 2023. The Court reserves the right to continue the date of the Final Approval Hearing without further notice to Class Members 12. All further proceedings in this action will be stayed except such proceedings necessary to review, approve, and implement this Settlement. 13. Neither this Order nor the Agreement, nor any of their terms or provisions, nor any of the negotiations or proceedings connected with them, shall be construed as an admission or concession by Defendants of the truth of any of the allegations in this litigation, or of any liability, fault, or wrongdoing of any kind. 14. In the event: (i) the Court does not finally approve the Settlement in a manner contemplated by the Agreement; (ii) the Court does not enter a Final Approval Order and Judgment, as contemplated by the Settlement, which becomes final as a result of the occurrence of the Effective Date (as that term is defined by the Settlement) or (iii) the Settlement does not become final for any other reason, the Settlement and any related Class shall be null and void and any order or judgment entered by this Court in furtherance of the Settlement shall be deemed as void from the beginning. In such a case, the Parties and any funds to be awarded under this Settlement shall be returned to their respective statuses as of the date and time immediately prior to the execution of the Settlement, and the Parties shall proceed in all respects as if no Class had been certified and the Settlement Agreement had not been executed 15. Neither the Settlement, preliminary approved or not, nor any exhibit, document, or instrument delivered hereunder, nor any statement, transaction or proceeding in connection with the negotiation, execution or implementation of the Settlement, shall be admissible in evidence for any reason, except as provided in the Settlement or to enforce the releases contained therein. The Court has made no findings on the merits and Defendant has denied the allegations in the operative complaint. 16. The Court hereby grants preliminary approval of the Settlement as of the date of this Order.
  40. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) Judicial Officer Bradshaw, J. Eric Hearing Time 8:30 AM Cancel Reason Clerical Error
  41. Comment Notice Of Unopposed Motion And Motion For Final Approval Of Class And Representative Action Settlement
  42. Comment in Support of Unopposed Motion for Final Approval of Class and Representative Action Settlement
  43. Comment Of Ashkan Shakouri In Support Of Plaintiffs Unopposed Motion For Final Approval Of Class And Representative Action Settlement And For Award Of Attorneys Fees Litigation Expenses And Service Payment
  44. Comment of Taylor Mitzner Regarding Settlement Notice Administration
  45. Comment Notice Of Unopposed Motion And Motion For Award Of Attorneys Fees Litigation Expenses And Service Payment
  46. Comment In Support of Plaintiff's Motion for Award of Attorney Fees, Litigation Expenses and Service Payment
  47. Comment Of Shelly Chinsee In Support Of Plaintiffs Motion For Final Approval Of Class And Representative Action Settlement And For Award Of Attorneys Fees Litigation Expenses, And Service Payment
  48. Comment Of Sharon Lin In Support Of Plaintiffs Unopposed Motion For Award Of Attorneys Fees Litigation Expenses And Service Payment
  49. Comment Supplemental Declaration of Taylor Mitzner Regarding Settlement Notice Administration
  50. Hearing Time 11:00 AM Result Ruling
  51. Comment Re: Ruling dated 2/23/23
  52. Comment Joint Case Management Statement
  53. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Held
  54. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Held Comment 1/26/2023 Plaintiff Motion for Final Approval of Class and Representative Action Settlement
  55. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Held Comment 1/26/2023- Plaintiff-Motion for Award of Attorneys' Fee, Litigation Expenses and Service Payment
  56. Judicial Officer Zulfa, David Comment Judgment is hereby entered in this Action in accordance with the foregoing Final Approval Order and Final Judgment and in accordance with the terms and conditions in the Settlement. Upon the Effective Date set forth in the Agreement, this Action is dismissed with prejudice, with each Party to bear its own costs and attorneys' fees except as provided by the Settlement and this Final Approval Order and Final Judgment.

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