Andrade vs. NES Equipment & Service Corp.

The court is inclined to grant approval of an attorneys’ fees request of only 30% of the gross settlement amount or $27,000.00, which the court finds fair, adequate and reasonable for the settlement of this size. Further, the court has insufficient information on the number of years of experience for timekeeper, Christine Noh.

Counsel must file supplemental papers addressing the court’s concerns (not fully revised papers that would have to be reread) no later than two weeks before the next hearing date. Counsel must submit an amendment to the settlement agreement rather than any amended settlement agreement. Counsel also must provide a red-lined version of any revised papers. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement, rather than with a supplemental declaration or brief that simply asserts the issues have been resolved.

Counsel should propose a realistic Final Report Hearing date and include it in the [Proposed] Order and Judgment, taking into account the time deadlines associated with funding the settlement, mailing distributions, allowing the check-cashing deadline to pass, and depositing uncashed check funds pursuant to the terms of the settlement agreement. The court usually sets these hearings nine months after settlement approval if the check cashing deadline is 180 days. The parties must report to the court the total amount that was actually paid to the aggrieved employees. All supporting papers must be filed at least 16 days before the Final Report Hearing date.

Plaintiff is ordered to give notice of this ruling to the LWDA and Defendant.

9 30-2024-01411006 Plaintiff Israel Gutierrez Andrade’s (“Plaintiff”) Motion for Andrade vs. NES Approval of Settlement Under Private Attorneys General Act Equipment & Service (“PAGA”) is GRANTED. Corp.

The court concludes that the $162,500.00 PAGA settlement is fair, adequate and reasonable, and approves the following specific awards: • $48,750.00 to plaintiff’s counsel for plaintiff’s attorneys’ fees; • $10,209.99 to plaintiff’s counsel for plaintiff’s litigation costs, as requested;

• $5,000.00 to Plaintiff Israel Gutierrez Andrade as enhancement award; • $2,990.00 to Apex Class Action LLC, the settlement administrator, as requested; • $71,662.51 to the LWDA for its share of PAGA penalties; and • $23,887.50 to the aggrieved employees for their share of PAGA penalties.

The court sets a Final Report Hearing for March 1, 2027 at 1:30 p.m. to confirm that distribution efforts are fully completed, including the distribution of uncashed aggrieved employee checks after 180 days, that the Administrator’s work is complete, and that the court’s file thus may be closed. The parties must report to the court the total amount that was actually paid to the aggrieved employees. All supporting papers must be filed at least 16 days before the Final Report Hearing date.