Madison v. OneStaff Medical Limited Liability Company ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAMELA MADISON, an individual on No. 1:20-cv-01384-AWI-JLT behalf of herself and others similarly 12 situated, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO GRANT 13 Plaintiff, PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS 14 v. ACTION SETTLEMENT 15 ONESTAFF MEDICAL LIMITED (Doc. No. 23) LIABILITY COMPANY, 16 Defendant. 17 18 19 Plaintiff seeks preliminary approval of a class action settlement reached with OneStaff 20 Medical Limited Liability Company. (Doc. No. 17.) The court considered the proposed 21 settlement between the parties and the proposed class notice and documents and issued findings 22 and recommendations to grant plaintiff’s motion for preliminary approval of class settlement. 23 (Doc. No. 23.) The findings and recommendations were served on the parties and contained 24 notice that objections were due within fourteen days. (Id. at 20-21.) No objections have been 25 filed to the pending findings and recommendations, and the deadline to do so has now passed. 26 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley 27 United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of 28 1 the case. Having carefully reviewed the file, the Court finds the findings and recommendations 2 are supported by the record and proper analysis. 3 Accordingly, the Court ORDERS: 4 1. The findings and recommendations dated July 20, 2021 (Doc. No. 23) are ADOPTED 5 IN FULL; 6 2. Plaintiff’s motion for preliminary approval of class action settlement (Doc. No. 17) is 7 GRANTED; 8 3. The following Class is CERTIFIED for settlement purposes only: 9 All non-exempt hourly healthcare professionals employed by OneStaff in California at any time from September 30, 2016 and September 19, 2020 who 10 worked overtime and received hourly per diems, hourly housing allowances, and/or hourly travel allowances. 11 4. The following FLSA Collective is CERTIFIED for settlement purposes only: 12 All non-exempt hourly healthcare professionals employed by OneStaff in 13 California at any time from September 30, 2017 and September 19, 2020 who worked overtime, as defined under the FLSA, and received hourly per diems, 14 hourly housing allowances, and/or hourly travel allowances. 15 5. The court finds that, for purposes of the settlement, the above-defined Class 16 meets the requirements for class certification. For purposes of the settlement, 17 the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) are 18 satisfied; 19 6. Plaintiff’s counsel, Hayes Pawlenko LLP, is appointed as counsel for the class 20 and collective; 21 7. Pamela Madison is appointed as the representative for the class and the 22 collective but the request for an enhancement is RESERVED pending the 23 motion for final approval of the settlement; 24 8. CPT Group, Inc. is appointed as the claims administrator; 25 9. The proposed settlement detailed herein is approved on a preliminary basis as 26 fair and adequate; 27 10. Class counsel’s request for fees up to 25% of the gross settlement amount and 28 up to $15,000 in costs is GRANTED preliminarily, subject to counsel’s 1 petition for fees and review at the Final Approval Hearing. Class and 2 collective members and their counsel may support or oppose this request, if 3 they so desire, at the Final Approval Hearing; 4 11. The proposed notice is preliminarily APPROVED, and the parties are required 5 to file a finalized notice with required revisions forthe court’s approval; and 6 12. The court sets a final approval and fairness hearing for October 18, 2021 at 7 1:30 p.m. The parties may stipulate to a different date and time if necessary. 8 9 ITIS SO ORDERED. 10 | Dated: August 19, 2021 _ phlei ~_-SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28