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8 UNITED STATES DISTRICT COURT

9 FOR THE CENTRAL DISTRICT OF CALIFORNIA

10 EASTERN DIVISION

11 DIONKA BANKS, individually and Case No.: 5:18-cv-01653-JGB-KK 12 on behalf of all other similarly situated Class and Collective Action individuals, 13 Assigned for All Purposes to: Plaintiff, 14 Hon. Jesus G. Bernal v. 15 FINAL APPROVAL ORDER AND

JUDGMENT

16 KAISER FOUNDATION HEALTH Hearing: September 9, 2019 17 PLAN, INC., a California corporation, Time: 9:00 a.m. Dept.: Courtroom 1, 3470 Twelfth

18 Street, Riverside, CA Defendant, Original Complaint: August 8, 2018 19

CHANGES HAVE BEEN MADE TO THIS

20 DOCUMENT

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ORDER

2 The Court has reviewed and considered the motion for final approval of the 3 Stipulation of Settlement (“Settlement”) submitted by Plaintiff Dionka Banks 4 (“Plaintiff”), on behalf of herself and similarly situated employees of Defendant 5 Kaiser Foundation Health Plan, Inc. (“Defendant”) (together, the “Parties”). The 6 Court preliminarily approved the Parties’ Settlement and their proposed resolution of 7 Plaintiff’s class, collective and representative claims on behalf of the Class Members. 8 In accordance with the order granting preliminary approval, and in compliance 9 with due process, the Settlement Administrator sent the Class Notice to each of the 10 Class Members by first-class mail. The Class Notice informed the Class Members of 11 the terms of the Settlement, the right to participate in the Settlement, the right to object 12 to the Settlement, the right to request exclusion and pursue their own remedies, and 13 the right to appear in person or by counsel at the final approval hearing regarding final 14 approval of the Settlement. 15 The motion for final approval seeks final approval of the Settlement and entry 16 of judgment that will bind each Class Member, and will operate as a full release and 17 discharge of the Released Claims (as defined in the Settlement). 18 Having received and considered Plaintiff’s motion for preliminary approval of 19 the Settlement, Plaintiffs’ motion for final approval of the Settlement, that there were 20 zero objections to the Settlement, that only 6 out of 1,193 Class Members opted out 21 of the Settlement, Plaintiff’s motion for attorneys’ fees, litigation/settlement 22 administration expenses, and Class Representative Service Award, the file in this 23 case, and the evidence and argument received by the Court before entering the 24 Preliminary Approval Order and before and at the final approval hearing, THE 25

COURT HEREBY ORDERS, ADJUDGES AND DECREES THAT:

26 1. Initial-capitalized terms in this order shall have the same meaning as 27 assigned to them in the Settlement. 28 1 2. The Settlement Administrator has fulfilled its initial notice and reporting 2 duties under the Settlement. 3 3. The Class Notice: (i) was the best practicable notice under the facts and 4 circumstances of this case; (ii) was reasonably calculated to apprise the Class 5 Members of the pendency of the Action, their right to participate in the Settlement, 6 their right to exclude themselves from the Settlement, and their right to object to, 7 and/or appear at the Final Approval Hearing for, the Settlement; and (iii) constituted 8 due, adequate, and sufficient notice of a class/collective settlement under Federal Rule 9 of Civil Procedure 23, 29 U.S.C. section 201, et seq., due process, and any other 10 applicable rules or law. Only 6 individuals asked to exclude themselves from the 11 Settlement, and zero individuals objected to the Settlement. 12 4. The notice of settlement served by Plaintiff on the California Labor and 13 Workforce Development Agency (“LWDA”) satisfied the requirements of PAGA. 14 The LWDA has expressed no objection to the Settlement. 15 5. The notice of settlement served by Defendant on the U.S. and applicable 16 state attorneys general satisfies the requirements of the Class Action Fairness Act. 17 The Attorneys General have expressed no objections to the Settlement. 18 6. The terms of the Settlement are fair, reasonable and adequate, and the 19 standards and applicable requirements for final approval of this class and collective 20 action settlement are satisfied, including the provisions of Rule 23 of the Federal 21 Rules of Civil Procedure and the provisions of 29 U.S.C. section 201, et seq. 22 7. The Settlement has been reached as a result of intensive, serious, and 23 non-collusive, arms-length negotiations and was achieved with the aid of an 24 experienced mediator. The Settlement was entered into in good faith as to each Class 25 Member. 26 8. Class Counsel are experienced class action litigators and have expressed 27 the view that the Settlement is fair, reasonable and adequate. 28 1 9. Taking into consideration: the nature of the Plaintiff’s claims; the nature 2 of Defendant’s defenses; the expense, complexity and likely duration of further 3 litigation; and the risk of attaining and maintaining class action status throughout the 4 litigation, the amounts paid under the Settlement are fair and reasonable. Moreover, 5 the allocation of settlement proceeds among the Class Members is fair, adequate and 6 reasonable. The fact that a settlement represents a compromise of the Parties’ 7 respective positions rather than the result of a finding of liability at trial also supports 8 the Court’s decision granting final approval. 9 10. The Court appoints Plaintiff as representatives of, and Class Counsel as 10 counsel for, the Class Members for the purpose of entering into and implementing the 11 Settlement. 12 11. The Settlement Administrator is to execute the distribution of proceeds 13 pursuant to the terms of this Settlement. 14 12. As of the Effective Date, the Plaintiff, the Class Members, and their 15 legally authorized representatives, heirs, estates, trustees, executors, administrators, 16 principals, beneficiaries, representatives, agents, assigns, and successors, and/or 17 anyone claiming through them or acting or purporting to act for them or on their 18 behalf, regardless of whether they have received actual notice of the proposed 19 Settlement, have conclusively compromised, settled, discharged, and provided: the 20 Complete and General Release (in the case of Plaintiff); the release of the Class 21 Members’ Released Claims, and release of FLSA claims (in the case of FLSA 22 Settlement Collective Members who cash their Individual Settlement Payments) 23 against Defendant and the Released Parties, and are bound by the provisions of the 24 Settlement Agreement. 25 13. Payment to the California Labor and Workforce Development Agency 26 of $33,750.00 as its share of the settlement of claims arising under the California 27 Private Attorneys General Act in this case is fair, reasonable and adequate. Payment 28 of that amount shall be paid from the Total Settlement Amount in accordance with 1 the Settlement Agreement, and there shall be no further recourse for the civil penalties 2 released under the terms of the Settlement. 3 14. Notwithstanding the submission of a timely request for exclusion, the 4 Class Members are still bound by the settlement and release of the PAGA Claims or 5 remedies under this judgment pursuant to Arias v. Superior Court, 46 Cal. 4th 969 6 (2009), as requests for exclusion do not apply to the PAGA Claims. The State of 7 California’s claims for civil penalties pursuant to PAGA are also extinguished. 8 15. The fees, expenses, and any other costs of Simpluris, Inc. in 9 administering the Settlement, in the amount of $18,300.00, are fair and reasonable. 10 Payment of that amount shall be paid out of the Gross Settlement Amount in 11 accordance with the Settlement, which shall fully, finally and completely compensate 12 Simpluris, Inc., for all fees, expenses and any other costs in administering the 13 Settlement. 14 16. Based upon application by Class Counsel and Plaintiff, the Court 15 approves the payment of Class Representative Service Award in the amount of 16 $5,000.00 to Named Plaintiff Dionka Banks (in addition to any recovery she may 17 receive as a Class Member under the Settlement) in recognition of her efforts and the 18 risks she undertook in prosecuting this Action. 19 17. Based upon application by Class Counsel, the Court approves the 20 payment of attorneys’ fees to Class Counsel in the amount of 25% of the Gross 21 Settlement Amount, i.e. $412,500.00, and litigation costs to Class Counsel in an 22 amount not to exceed $33,500.00, to be paid in the manner set forth in the Settlement. 23 No other attorneys or law firms shall be entitled to any award of attorneys’ fees or 24 costs from Defendant in any way connected with this Action. 25 18. The Settlement and this Final Approval Order and Judgment shall have 26 res judicata and preclusive effect in all pending and future lawsuits or other 27 proceedings that encompass any of Plaintiff’s claims, and the Class Members’ Class 28 Members’ Released Claims, whether those lawsuits or proceedings are maintained by 1 or on behalf of Plaintiff or the Class Members. The Settlement and this Final Approval 2 Order and Judgment shall be binding on Plaintiff, the Class Members, their heirs, 3 estates, trustees, executors, administrators, principals, beneficiaries, representatives, 4 agents, assigns, and successors, and/or anyone claiming through them or acting or 5 purporting to act for them or on their behalf. 6 19. Plaintiff and the Class Members are permanently barred from filing, 7 commencing, prosecuting, intervening in, or participating (as class members or 8 otherwise) in any other lawsuit or administrative, regulatory, arbitration, or other 9 proceeding in any jurisdiction based on the claims released in the Settlement 10 Agreement. 11 20. The Settlement provided for herein, and any proceedings undertaken 12 pursuant thereto, may not be offered, received, or construed as evidence of: a 13 presumption, concession, or an admission by any Party of liability or non-liability; 14 the certifiability or non-certifiability the class and collective claims resolved by the 15 Settlement; the manageability or non-manageability of the PAGA representative 16 claims resolved by the Settlement; provided, however, that reference may be made to 17 this Settlement in such proceedings as may be necessary to effectuate the provisions 18 of this Settlement. 19 21. This Final Approval Order and Judgment of dismissal shall be entered 20 forthwith, dismissing this Action with prejudice. 21 22. Without affecting the finality of the Final Approval Order and Judgment, 22 the Court retains continuing jurisdiction over Plaintiff, Defendant, and the Class 23 Members as to all matters concerning the administration, consummation, and 24 enforcement of this Settlement. 25 23. After settlement administration and distribution of funds have been 26 completed, the parties shall file a report with this Court certifying compliance with 27 the terms of the Settlement and this Order and Judgment. 28 1 24. If this Order is reversed on appeal or the Settlement is terminated or is 2 ||not consummated for any reason, the foregoing certification of claims, appointment 3 ||of class representatives and appointment of class counsel shall be void and of no 4 || further effect, and the parties shall be returned to the status each occupied before entry 5 ||of this Order without prejudice to any legal argument that any of the parties might 6 || have asserted but for the Settlement. 7 8 9 IT IS SO ORDERED. 10 Z, 11 || Dated: September 10, 2019 □□□ □□ 12 HO IESUS G. BE NAL Unita States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28