Christian Brink; David Maier v. Central Valley Auto Transport, Inc. Case No. VCU274266 CALIFORNIA SUPERIOR COURT, COUNTY OF TULARE
Christian Brink; David Maier v. Central Valley Auto Transport, Inc.
Case No. VCU274266
NOTICE OF CLASS ACTION SETTLEMENT
A court authorized this notice. This is not a solicitation.
This is not a lawsuit against you and you are not being sued.
However, your legal rights are affected by whether you act or don’t act.
YOU MAY BE ENTITLED TO MONEY UNDER THE PROPOSED CLASS ACTION SETTLEMENT. PLEASE READ THIS NOTICE CAREFULLY; IT INFORMS YOU ABOUT YOUR LEGAL RIGHTS.
The California Superior Court, County of Tulare has granted preliminary approval to a proposed settlement (“Settlement”) of Christian Brink; David Maier v. Central Valley Auto Transport, Inc. (“Class Action”). Because your rights may be affected by this Settlement, it is important that you read this Notice of Class Action Settlement (“Notice”) carefully.
The Court has certified the following classes for settlement purposes (collectively these individuals are referred to as the “Class” or “Class Members”):
The purpose of this Notice is to provide a brief description of the claims alleged in the Class Action, the key terms of the Settlement, and your rights and options with respect to the Settlement.
1. Why Have I Received This Notice?
Defendant’s records indicate that you may be a Class Member. The Settlement will resolve all Class Members’ Released Claims, as described below, during the Class Period.
A Preliminary Approval Hearing was held on February 3, 2022, in the California Superior Court, County of Tulare. The Court conditionally certified the Classes for settlement purposes only and directed that you receive this Notice.
The Court will hold a Final Approval Hearing concerning the proposed settlement on May 19, 2022 at 8:30 a.m., located at 221 South Mooney Blvd., Visalia, CA 93291. The Final Approval Hearing may be continued without further notice to the Class Members. You are advised to check the Court’s website (instructions on accessing this site are provided in Section 12 of this Notice) to confirm that the date has not been changed. Please note that some courthouses are closed to the public. Please check the Court’s website at www.tulare.courts.ca.gov to determine if the Court is conducting hearings in person or virtually.
2. What Is This Case About?
The Class Action was filed by Plaintiff Christian Brink in the Tulare County Superior Court on or about June 6, 2018 (“the Action”). On or about December 13, 2018, Plaintiff Christian Brink filed a First Amended Complaint adding Plaintiff David Maier as a Plaintiff in this action and adding a cause of action pursuant to the Private Attorneys General Act of 2004. The complaint alleged causes of action on behalf of Plaintiffs and those similarly situated for (1) Failure to Pay All Straight Time Wages; (2) Failure to Provide Meal Periods; (3) Failure to Authorize and Permit Rest Periods; (4) Knowing and Intentional Failure to Comply with Itemized Employee Wage Statement Provisions; (5) Failure to Pay All Wages Due at the Time of Termination of Employment; (6) Violation of Unfair Competition Law (Bus. & Prof. Code § 17200, et seq.); (7) Failure to Reimburse/Illegal Deductions; and (8) Violations of the private Attorneys General Act, Labor Code §2699, et seq. (“PAGA”).
Defendant has raised numerous defenses to Plaintiffs’ claims and expressly denies that it did anything wrong or that it violated the law and further denies any liability whatsoever to Plaintiffs or to the Class. Defendant maintains that it paid Plaintiffs and the Class all amounts due and as required by law, that it provided accurate wages statements, and that civil penalties under PAGA are not warranted. Defendant also denies that the Action is suitable for class certification. Defendant has entered into the Settlement solely for purposes of resolving this dispute to avoid costly, disruptive, and time-consuming litigation and does not admit to any wrongdoing or liability.
The Court has not made any determination as to whether the claims advanced by Plaintiffs have any merit. In other words, the Court has not determined whether any laws have been violated or whether the claims are suitable for class certification, nor has it decided in favor of Plaintiffs or Defendants; instead, both sides agreed to resolve the lawsuit with no decision or admission of who is right or wrong. By agreeing to resolve the lawsuit, all parties avoid the risks and cost of a trial.
3. Am I A Class Member?
You are a Class Member if you fit into one of the following classes:
4. How Does This Class Action Settlement Work?
In this Action, Plaintiffs sued on behalf of themselves and all other similarly situated individuals who performed services for Defendant in the State of California as a driver or truck driver during the Class Period, and fit within one of the two classes defined in Section 3, above. Plaintiffs and these individuals comprise a “Class” and are “Class Members.” The settlement of this Action resolves the Released Claims of all Class Members, except for those who exclude themselves from the Class by requesting to be excluded in the manner set forth below.
Plaintiffs and Class Counsel believe the Settlement is fair and reasonable. The Court must also review the terms of the Settlement and determine if it is fair and reasonable to the Class. The Court file has the Settlement documents, which explain the Settlement in greater detail. If you would like copies of the Settlement documents, you can contact Class Counsel, whose contact information is below, and they will provide you with a copy free of charge.
5. Who Are the Attorneys Representing the Parties?
The Court has decided that David Mara and Jill Vecchi of Mara Law Firm, PC, are qualified as Class Counsel to represent you and all other Class Members simultaneously.
Class Counsel / Attorneys for Plaintiffs | Attorneys for Defendant |
MARA LAW FIRM, PC | Klein DeNatale Goldner Cooper |
You do not need to hire your own attorney because Class Counsel is working on your behalf. But, if you want your own attorney, you may hire one at your own cost.
6. What Are My Options?
The purpose of this Notice is to inform you of the proposed Settlement and of your options. Each option has its consequences, which you should understand before making your decision. Your rights regarding each option, and the steps you must take to select each option, are summarized below and explained in more detail in this Notice.
Important Note: Defendant will not retaliate against you in any way for either participating or not participating in this Settlement.
The procedures for submitting your SSN, opting out and objecting are set forth below in the sections entitled “How Do I Submit My Taxpayer Identification Number to Receive a Settlement Payment?” “How Do I Opt Out or Exclude Myself From This Settlement?” and “How Do I Object To The Settlement?”
7. How Do I Submit My Social Security Number to Receive a Settlement Payment?
Click here to complete the form to submit your SSN or Taxpayer Identification Number (“TIN”). If you have questions about how to submit your SSN online, please call the Settlement Administrator at (800) 523-5773.
If you do not submit submit your SSN online and the Settlement Administrator does not have a SSN on file for you, the Settlement Administrator will not mail you a Settlement check. Your Settlement payment will become forfeited and will be deposited with the cy pres beneficiary, The Boys and Girls Club of Tulare County.
8. How Do I Opt Out Or Exclude Myself From This Settlement?
If you do not want to take part in the Settlement, you must mail a written request for exclusion to the Settlement Administrator at Phoenix Settlement Administrators, P.O. Box 7208, Orange, CA 92863.
The written request for exclusion must: (a) state your name, address, telephone number, and social security number or employee identification number; (b) state your intention to exclude yourself from or opt-out of the Settlement (e.g. “I want to exclude myself from this settlement. I also understand that I retain all rights to sue the Defendant for the claims asserted in this lawsuit.”); (c) be addressed to the Settlement Administrator; (d) be signed by you or your lawful representative; and (e) be postmarked no later than May 2, 2022.
The Final Judgment entered following approval of the Settlement by the Court will bind all Class Members who do not request exclusion from the Settlement (Participating Class Members).
The proposed settlement includes the settlement of claims for civil penalties under the PAGA. You may not request to be excluded from the settlement of a PAGA claim. Thus, if the court approves of the settlement, even if you request exclusion from the settlement, if you worked during the PAGA Period of June 6, 2017 to April 1, 2021, you will receive a portion of the PAGA Fund and will be deemed to have released the PAGA Released Claims. A request for exclusion will preserve your right to individually pursue only the remaining class claims.
9. How Do I Object To The Settlement?
If you are a Class Member who does not opt out of the Settlement, you may object to the Settlement, personally or through an attorney, by submitting a written Objection to the Settlement Administrator by mail at Phoenix Settlement Administrators, P.O. Box 7208, Orange, CA 92863 by May 2, 2022. The Objection must state: (a) your full name, address, and telephone number; (b) the words “Notice of Objection” or “Formal Objection;” (c) describe, in clear and concise terms, the legal and factual arguments supporting the objection; (d) list identifying witness(es) you may call to testify at the Final Approval hearing; and (e) provide true and correct copies of any exhibit(s) you intend to offer at the Final Approval hearing.
Class Members who timely file valid objections to the Settlement may (though are not required to) appear at the Final Approval Hearing, either in person or through the objector’s own counsel, provided the objector has first notified the Settlement Administrator by sending his/her written objections to the Settlement Administrator and a Notice of Intent to Appear, postmarked no later than May 2, 2022. Class Members are not entitled to appear and object at the Final Approval Hearing unless they have timely submitted both a written objection and notice of intention to appear.
Class Members who fail to object in the manner specified above shall be deemed to have waived any objections and shall be foreclosed from making any objections (whether by appeal or otherwise) to the Settlement. Again, to be valid and effective, any objections must be mailed to the Settlement Administrator postmarked on or before May 2, 2022. If the Court rejects the Notice of Objection, the Class Member will receive a Settlement payment and will be bound by the terms of the Settlement.
10. How Does This Settlement Affect My Rights? What are the Released Claims?
If the proposed Settlement is approved by the Court, a Final Judgment will be entered by the Court. All Class Members who do not opt out of the Settlement will be bound by the Court’s Final Judgment and will fully release and discharge the Released Parties from the Released Claims. All Class Members will release the PAGA claims raised in the Action, even if they opted out of the Settlement.
The “Released Parties” are defined as follows:
Defendant and its past, present and/or future, direct and/or indirect, officers, directors, employees, representatives, administrators, attorneys, agents, parent companies, subsidiaries and affiliated corporations and entities, consultants, shareholders, joint ventures, predecessors, successors, assigns, and any individual or entity which could be liable for any of the Released Claims.
The “Released Claims” are defined as follows:
Participating Class Members will release the Released Parties from any and all claims, debts, liabilities, demands, obligations, penalties, guarantees, costs, expenses, attorney’s fees, damages, action or causes of action of whatever kind or nature, whether known or unknown, contingent or accrued, that are alleged, or that reasonably could have arisen out of the same facts alleged in the Action against Defendant (including any and all unnamed Does). The Released Claims include, but are not limited to, 1) Failure to Pay All Straight Time Wages; 2) Failure to Provide Meal Periods (Lab. Code §§ 226.7, 512, IWC Wage Order No. 9- 2001(11); Cal. Code Regs., tit. 8 § 11090); 3) Failure to Authorize and Permit Rest Periods (Lab. Code § 226.7; IWC Wage Order No. 9-2001(12); Cal. Code Regs. tit. 8 § 11090); 4) Knowing and Intentional Failure to Comply with Itemized Employee Wage Statement Provisions (Lab. Code §§ 226, 1174, 1175); 5) Failure to Pay All Wages Due at the Time of Termination of Employment (Lab. Code §§ 201-203); 6) Violation of Unfair Competition Law (Bus. & Prof. Code § 17200, et seq.); 7) Failure to Reimburse/Illegal Deductions (Lab. Code §§ 221, 2802, Cal. Regs., tit. 8, § 11090(8)); and 8) improper classification of independent contractors based on the underlying facts alleged in the Action. The release shall be for the period of time from June 6, 2014 through April 1, 2021.
The “PAGA Released Claims” are defined as follows:
Each of the Aggrieved Employees, including each Plaintiff, shall fully release and forever discharge the Released Parties from all claims under the California Private Attorney General Act (“PAGA”), Cal. Lab. Code § 2698, et seq. to the extent such claims are predicated on any of the Released Claims. The release shall be for the PAGA Period.
11. How Much Can I Expect to Receive From This Settlement?
The total maximum amount that Defendant will be required to pay under this Settlement shall be $1,250,000 (“Gross Settlement Amount” or “GSA”).
The “Net Settlement Amount” or “NSA” means the portion of the GSA available for distribution to Class Members after the deduction of (1) the Class Representative Enhancement Payments to Plaintiffs Christian Brink and David Maier, in an amount up to $10,000 each, in consideration for the Plaintiffs’ actions and the time and effort Plaintiffs put into pursuing the litigation; (2) the Administration Costs to the Settlement Administrator, in an amount estimated not to exceed $25,000; (3) a payment of $50,000 for Plaintiff’s PAGA Claims (75% of this payment will be sent to the California Labor Workforce Development Agency (“LWDA”) and 25% of this payment will be available for distribution to Aggrieved Employees); (4) payment to Class Counsel for Class Counsel fees in an amount not to exceed $416,625 (33-1/3% of the Gross Settlement Amount) for attorneys’ fees; and (5) payment to Class Counsel in an amount not to exceed $50,000 for litigation costs. All of these payments are subject to court approval.
A. How Will Settlement Payments Be Calculated?
After deducting the above-referenced items, the remaining Net Settlement Amount, will be divided into the Independent Contractor Fund, the Company Driver Fund, and the PAGA Fund. The Independent Contractor Fund is the portion of the NSA that equals eight-tenths (8/10) of the NSA and is distributable to the Independent Contractor Class. The Company Driver Fund is the portion of the NSA that equals two-tenths (2/10) of the NSA and is distributable to the Company Driver Class. The PAGA Fund is 25% of the amount approved by the court for settlement of the PAGA claims raised in the Action. The PAGA Fund, which is $12,500, is available for disbursement to Aggrieved Employees. You are an Aggrieved Employee if you worked for Defendant at any time from June 6, 2017 to April 1, 2021. The Settlement Administrator will calculate the individual settlement payments for Participating Class Members and Aggrieved Employees according to their Class(es):
Independent Contractor Class: Each Participating Independent Contractor Subclass Member will receive a proportionate share of the Independent Contractor Fund that is equal to (i) the number of weeks he or she worked at least one (1) day of the week for Defendant in California based on the Class data provided by Defendant, divided by (ii) the total number of weeks worked by all Participating Independent Contractor Subclass Members based on the same Class data, which is then multiplied by the Independent Contractor Fund.
Company Driver Class: Each Participating Company Driver Subclass Member will receive a proportionate share of the Company Driver Fund that is equal to (i) the number of weeks he or she worked at least one (1) day of the week for Defendant in California based on the Class data provided by Defendant, divided by (ii) the total number of weeks worked by all Participating Company Driver Subclass Members based on the same Class data, which is then multiplied by the Company Driver Fund.
PAGA Payment to Aggrieved Employees: Each Aggrieved Employees (including Class Members who opt out of the Settlement) will receive a proportionate share of the PAGA Payment that is allocated for distribution to Aggrieved Employees (i.e., 25% of the PAGA Payment), equal to (i) the number of weeks he or she worked at least one (1) day of the week for Defendant in California during the time period of June 6, 2017 to April 1, 2021 based on the Class data provided by Defendant, divided by (ii) the total number of weeks worked by all Class Members during the time period of June 6, 2017 to April 1, 2021 based on the same Class data, which is then multiplied by the PAGA Payment allocated for distribution to Class Members.
One day worked in a given week will be credited as a week for purposes of these calculations. Therefore, the value of each Class Member’s Settlement payment ties directly to the amount of weeks that he or she worked.
B. How Will My Settlement Payment Be Taxed?
Each Class Member’s Settlement payment will be apportioned as 1/5 wages and 4/5 penalties and interest. Each Aggrieved Employee’s PAGA Payment will be apportioned as 100% penalties. The amounts paid as wages shall be subject to all tax withholdings customarily made from an employee’s wages and all other authorized and required withholdings and shall be reported by W-2 forms. The amounts paid as penalties and interest shall be subject to all authorized and required withholdings other than the tax withholdings customarily made from employees’ wages and shall be reported by IRS 1099 forms.
C. What Is My Settlement Payment?
Although your exact share of the Net Settlement Amount cannot be precisely calculated until after the time during which individuals may object or seek exclusion from the Settlement concludes, based upon the calculation above, your approximate share of the Net Settlement Amount, is included in the Notice that was mailed to you. Please note that under the law, the case can only go back four years from the date it was filed. This means the case can go back to June 6, 2014. If you began your employment or provided services to Defendant prior to June 6, 2014, this lawsuit can only compensate you for the weeks you worked for or provided services to Defendant on or after June 6, 2014.
D. What Happens If I Don’t Submit the Enclosed IRS W-9 Form?
It is strongly encouraged that you submit the enclosed IRS W-9 Form. If you do not submit this form, within 180 calendar days after the settlement checks are mailed to Participating Class Members, your settlement check will be deposited with The Boys and Girls Club Tulare. If you have any questions about this, please contact the Settlement Administrator.
E. I Think My Workweeks Are Wrong. What Do I Do?
If you believe the number of eligible workweeks are incorrect, you may provide documentation and/or an explanation to show contrary information to the Settlement Administrator at Phoenix Settlement Administrators, P.O. Box 7208, Orange, CA 92863 on or before May 2, 2022.
12. When Will Settlement Checks Be Mailed?
A. When Will Defendants Pay the Gross Settlement Amount?
Defendant shall wire to the Settlement Administrator the Gross Settlement Amount to the Settlement Administrator within thirty (30) days of the Effective Final Settlement Date. The “Effective Final Settlement Date” is the date when the final approval of the settlement can no longer be appealed. In the event there is a timely filed motion to set aside judgment or to intervene, the Effective Final Settlement Date will be the expiration of the period for filing any appeal, writ, or other appellate proceeding opposing the Class Settlement based on the later of the Court’s ruling or order on any such motion or entry of final order and judgment certifying the Class and approving the settlement agreement.
B. When Will Settlement Checks Be Mailed?
Within seven (7) days of receipt of the Gross Settlement Amount, the Settlement Administrator will mail the settlement payments to Participating Class Members and the Class Representative Enhancement Payments to Plaintiffs, as well as disburse the Attorneys Fees and Litigation Expenses to Class Counsel, Administration Costs to itself, and the PAGA Payment to the LWDA and Aggrieved Employees. The Settlement Administrator will send any tax payments owed to the appropriate tax authorities from this disbursement. To ensure the check is mailed to the correct address, inform the Settlement Administrator of any changes to your address.
C. What Happens To Uncashed Check Funds?
It is strongly recommended that upon receipt of your settlement check, you immediately cash it or cash it before the 180-day void date shown on each check. If any checks remain uncashed or not deposited by the expiration of the 180-day period after mailing, the Settlement Administrator will, within two hundred (200) calendar days after the checks are mailed, pay the uncashed amounts to The Boys and Girls Club of Tulare County.
13. How Do I Get More Information About the Case or the Settlement?
IF YOU NEED MORE INFORMATION OR HAVE ANY QUESTIONS, you may contact Class Counsel listed above, or the Settlement Administrator at the telephone number listed below, toll free. Please refer to the Central Valley Auto Transport Class Action Settlement.
This Notice does not contain all of the terms of the proposed Settlement or all of the details of these proceedings. For more detailed information, you may refer to the underlying documents and papers on file with the Court at 221 South Mooney Blvd., Room 201, Visalia, CA 93291 or at the Settlement Administrator’s website: www.centralvalleyautosettlement.com. You may also contact Class Counsel, whose contact information is above, and they will provide you with a copy of the Settlement documents or case documents free of charge. You can also visit the Court’s website at www.tulare.courts.ca.gov. Click the “Case Information” button, then click “Search Cases.” In the case number field, enter the case number VCU274266.
PLEASE DO NOT TELEPHONE THE COURT OR COURT’S
CLERK FOR INFORMATION ABOUT THIS SETTLEMENT.