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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 5 KIRK GOLTERMANN, et al., individually, | Case No. 2:19-cv-09575 JGB(PLAx) 6 || and on behalf of themselves and all other 7 similarly situated individuals, 3 Plaintiffs, RULE 68 JUDGMENT Action Filed: November 7, 2014 CITY OF SAN GABRIEL, a municipal 10 || corporation, Rule 68 Offer of Judgment Accepted: April 24, 2020 Defendant. 12 13 14 Pursuant to Rule 68(a) of the Federal Rules of Civil Procedure, judgment is hereby entered under the terms of Defendant’s Second Rule 68 Offer of Judgment to Plaintiffs, 16 || which was timely accepted by Plaintiffs and filed with this Court on April 24, 2020. (Doc. 35). A true and correct copy of the Second Rule 68 Offer of Judgment to Plaintiffs is 1g || attached hereto as Exhibit “A”. 19 The full and complete terms of the accepted Rule 68(a) Offer (Doc. 35) are hereby 20 || adopted as the full and complete Judgment of the Court. 1 JUDGMENT IS SO ENTERED 22 Dated: June 12, 2020 CLERK OF COURT 23 United State District Court 24

A AK

26 By; AS 4 M. Galvez, Deputy Clerk

28 -|- PTT BE G2 TINGCMENT _ Cace Na 9-10.64 NOZ7*5 TORIDPT Av)

1 ARTHUR A. HARTINGER (SBN 121521) Email: ahartinger@publiclawgroup.com 2 SPENCER J. WILSON (SBN 266938) Email: swilson@publiclawgroup.com 3 RYAN McGINLEY-STEMPEL (SBN 296182) 4 Email: rmcginleystempel@publiclawgroup.com

RENNE PUBLIC LAW GROUP

5 350 Sansome Street, Suite 300 San Francisco, California 94104 6 Telephone: (415) 848-7200 Facsimile: (415) 848-7320 7 8 Attorneys for Defendant

CITY OF SAN GABRIEL

9 10 IN THE UNITED STATES DISTRICT COURT 11

FOR THE CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

12 KIRK GOLTERMANN; PHILIP Case No. 2:19-cv-09575 JGB(PLAx) 13

APPARIS; CHRISTIN BACKLEY; ERIC

14 CALISHER; BRADLEY DAVIS;

CHRISTOPHER EAKMAN;

15 CHRISTOPHER LEE FETNER; JACOB SECOND RULE 68 OFFER OF

GUSTAFSON; SEAN IRWIN; HRAG JUDGMENT TO PLAINTIFFS;

16 JIVALAGIAN; GREGORY KERNODLE; NOTICE OF ACCEPTANCE 17 JAMES MILLER; DAVID MILLIGAN; KEVIN MURPHY; ANTONIO NEGRETE; Action Filed: November 7, 2019 18 BRENT CURTIS PATTISON; SHANE

SALAZAR; TAKAHIRO SUZUKI;

19 AARON TERRY; CUONG TRAN;

DENNIS BARWICK; DERRICK

20

DOEHLER; BRYAN FRIEDERS;

21 VANESSA MURPHY; DAVID PACELA;

ARTHUR STAFFORD; ERIK WALTON;

22 JORDAN MILLER; individually, and on behalf of themselves and all other similarly 23 situated individuals,

24 Plaintiffs, 25 v.

26 CITY OF SAN GABRIEL, a municipal corporation, 27 28 Defendant. 1 TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD: 2 Defendant City of San Gabriel (“Defendant” or “City”) hereby offers to allow entry 3 of judgment against Defendant pursuant to Rule 68 of the Federal Rules of Civil 4 Procedure as follows: 5 RECITALS 6 WHEREAS, this is an action brought under the Fair Labor Standards Act 7 (“FLSA”); 8 WHEREAS Plaintiffs are a group of former or current firefighters employed by 9 Defendant City of San Gabriel who claim Defendant improperly excluded the value of the 10 City’s medical cafeteria plan, known as the Flexible Benefit Plan, from Plaintiffs’ FLSA 11 regular rate of pay, resulting in FLSA overtime underpayments; 12 WHEREAS, in Flores v. City of San Gabriel, 824 F.3d 890 (9th Cir. 2016), the 13 U.S. Court of Appeals for the Ninth Circuit held that the entire value of the City’s 14 Flexible Benefit Plan needed to be included in the FLSA regular rate of pay; 15 WHEREAS, Defendant previously served a Rule 68 offer on Plaintiffs which was 16 not accepted by Plaintiffs within the 14-day deadline, and is therefore deemed withdrawn 17 by operation of law; 18 WHEREAS, subsequent to serving the prior Rule 68 offer, an additional Plaintiff 19 filed papers to join this lawsuit, and his claims are addressed in this Second Rule 68 Offer; 20 and 21 WHEREAS, without admitting liability, in an effort to conserve litigation costs, 22 Defendant City, pursuant to Rule 68 of the Federal Rules of Civil Procedure, agrees to 23 resolve this case by allowing judgment to be entered against the City, as follows: 24 NOW, THEREFORE, FOR GOOD CAUSE SHOWING, IT IS HEREBY 25 ADJUDGED THAT: 26 1. According to the Ninth Circuit’s holding in Flores v. City of San Gabriel, 27 824 F.3d 890 (9th Cir. 2016), prior to August 19, 2017, the City failed to include the value 28 of the City Flexible Benefit Plan in Plaintiffs’ FLSA regular rate of pay, which according 1 to the Ninth Circuit violated the FLSA. 2 2. Plaintiffs Philip Apparis, Dennis Barwick, Richard Beckman, Eric Calisher, 3 Bradley Davis, Derrick Doehler, Christopher Eakman, Christopher Fetner, Gregory 4 Fierro, Bryan Frieders, Kirk Goltermann, Charles Hisserich, Sean Irwin, James Miller, 5 Jordan Miller, David Milligan, Monte Mitchell, Kevin Murphy, Vanessa Murphy, 6 Antonio Negrete, Newton Ong, David Pacela, Brent Pattison, Arthur Stafford, Takahiro 7 Suzuki, Aaron Terry, Cuong Tran, and Erik Walton have each claimed entitlement to 8 unpaid overtime under the FLSA. Pursuant to this Rule 68 Offer, Defendant hereby offers 9 to allow judgment to be taken against Defendant in favor of each Plaintiff for the 10 following respective amounts: 11 Plaintiff Amount 12

APPARIS, PHILIP $15,101.00

13

BARWICK, DENNIS $5,322.52

14

BECKMAN, RICHARD $4,106.80

15

CALISHER, ERIC $12,736.84

16

DAVIS, BRADLEY $7,003.96

17

DOEHLER, DERRICK $70,369.72

18

EAKMAN, CHRISTOPHER $11,510.84

19 20 FETNER, CHRISTOPHER $4,970.24 21 FIERRO, GREGORY $9,994.64 22 FRIEDERS, BRYAN $4,231.44 23 GOLTERMANN, KIRK $25,184.84 24 HISSERICH, CHARLES $2,428.08 25

IRWIN, SEAN $25,816.16

26 27 28 1 Plaintiff Amount 2

MILLER, JAMES $14,659.64

3

MILLER, JORDAN $2,386.52

4

MILLIGAN, DAVID $9,648.92

5

MITCHELL, MONTE $14,096.60

6

MURPHY, KEVIN $9,974.96

7

MURPHY, VANESSA $13,165.56

8

NEGRETE, ANTONIO $19,307.52

9 10 ONG, NEWTON $18,005.80 11 PACELA, DAVID $16,022.92 12 PATTISON, BRENT $6,487.36 13

STAFFORD, ARTHUR $11,569.88

14

SUZUKI, TAKAHIRO $7,264.20

15

TERRY, AARON $14,105.76

16

TRAN, CUONG $11,679.00

17

WALTON, ERIK $8,409.44

18

TOTAL $375,561.16

19 20 21 3. The individual payments outlined in Paragraph 2 are based on the value of 22 the City’s Flexible Benefit Plan and overtime hours worked by each Plaintiff from 23 August 19, 2014 through August 18, 2017. Fifty percent of each of the above amounts is 24 and shall be characterized as back wages due to each Plaintiff and the other fifty percent 25 of each amount is and shall be characterized as liquidated damages. 26 4. Plaintiffs Christin Backley, Jacob Gustafson, Hrag Jivalagian, Gregory 27 Kernodle, Michael Rebolledo, and Shane Salazar were each hired by the City after 28 August 19, 2017, after the City adjusted its payroll practices to comply with the Flores 1 decision. These Plaintiffs are unable to establish entitlement to any relief from Defendant 2 and as such Defendant does not offer any amounts under this Rule 68 Offer to these 3 Plaintiffs. Defendant’s offer to Plaintiffs Backley, Gustafson, Jivalagian, Kernodle, 4 Rebolledo, and Salazar is a mutual waiver of costs and fees. 5 5. Plaintiffs Leonard Hayes and Megan McCormick are not current or former 6 employees of Defendant and Defendant does not offer any amounts under this Rule 68 7 Offer to these Plaintiffs. Defendant offers Plaintiffs Hayes and McCormick a mutual 8 waiver of costs and fees. 9 6. In addition to the amounts offered above, Defendant offers $100,000 to 10 Plaintiffs to compensate for all attorneys’ fees, expert fees, and costs. By accepting this 11 Rule 68 Offer, this $100,000 shall be the only amount received by Plaintiffs for attorney’s 12 fees, expert fees, and costs and Plaintiffs shall not be entitled to bring any motion or 13 submit any judicial request for additional attorney’s fees, expert fees, and/or costs of suit. 14 7. To be validly accepted, all provisions and all amounts set forth of this Rule 15 68 Offer must be fully and completely accepted. Any effort to accept just a portion of this 16 Rule 68 Offer constitutes a rejection of this Rule 68 Offer. Acceptance by less than all 17 Plaintiffs shall also be deemed a rejection of this Rule 68 Offer. See Lang v. Gates, 18 36 F.3d 73, 75 (9th Cir. 1994); Amati v. City of Woodstock, 176 F.3d 952, 958 (7th Cir. 19 1999). 20 8. To accept this Offer, Plaintiffs must sign the attached Notice of Acceptance 21 and file a copy of this Offer of Judgment along with the executed Notice of Acceptance 22 thereof with the Court within fourteen (14) days of the date of this Offer. 23 9. Defendant shall issue the payments described in this Offer of Judgment 24 within 90 days of the filing of this Offer of Judgment and Plaintiffs’ Notice of Acceptance 25 with the Court. 26 10. This Offer is not an admission of liability by Defendant, but rather is made 27 solely for the purpose of compromising disputed claims. 28 ase 2:19-cv-09575-JGB-PLA Document 35 Filed 04/24/20 Page 6of9 Page ID #:238

1|| Dated: April 10, 2020 RENNE PUBLIC LAW GROUP 2 3 4 By: Spencer J./Wilson 5 Attorneys for Defendant 6 CITY OF SAN GABRIEL 7 8 Notice of Acceptance 9 Plaintiffs Philip Apparis, Dennis Barwick, Richard Beckman, Eric Calisher, Bradley Davis, Derrick Doehler, Christopher Eakman, Christopher Fetner, Gregory 11 || Fierro, Bryan Frieders, Kirk Goltermann, Charles Hisserich, Sean Irwin, James Miller, Jordan Miller, David Milligan, Monte Mitchell, Kevin Murphy, Vanessa Murphy, 13 || Antonio Negrete, Newton Ong, David Pacela, Brent Pattison, Arthur Stafford, Takahiro 14 || Suzuki, Aaron Terry, Cuong Tran, Erik Walton, Christin Backley, Jacob Gustafson, Hrag Jivalagian, Gregory Kernodle, Michael Rebolledo, Shane Salazar, Leonard Hayes, and 16|| Megan McCormick hereby accept the above Second Rule 68 Offer of Judgment on the 17 || terms stated above.

18 Dated: RAINS LUCIA STERN ST. PHALLE 19 & SILVER, PC 20 21 By: [sf Elizabeth Tourgeman 2 Elizabeth Tourgeman 23 Attorneys for Plaintiffs 74 KIRK GOLTERMANN, ET AL. 25 26 27 28 -6-

Clase 2:19-cv-09575-JGB-PLA Document 35 Filed 04/24/20 Page 7 of9 Page ID #:239 1 PROOF OF SERVICE 2 I, the undersigned, am employed by RENNE PUBLIC LAW GROUP. My business address is 350 Sansome Street, Suite 300, San Francisco, California 94104. Iam readily 3 || familiar with the business practices of this office. I am over the age of 18 and not a party to this action. 4 On Apt 10, 2020, I served the following document(s): SECOND RULE 68 5|| OFFER OF JUDGMENT TO PLAINTIFFS; NOTICE OF ACCEPTANCE by the following method(s): 6 Overnight delivery. I enclosed the document(s) in an envelope or package 7 provided by an overnight delivery carrier and addressed to the persons at the addresses on the attached Service List. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of 9 the overnight delivery carrier. 10 | Electronic Mail. Based on an agreement of the parties to accept service by e-mail, copies of the above document(s) in PDF format were transmitted to the e-mail 11 addresses of the parties on the attached Service List on April 10, 2020. 12 SERVICE LIST 13 Elizabeth S. Tourgeman Attorneys for Plaintiffs 14 Jacob A. Kalinski Brian P. Ross

RAINS LUCIA STERN ST. PHALLE & SILVER, PC

16130 Ventura Blvd., Suite 600 Encino, California 91436 Tel: 747-221-7100 Fax: 747-221-7101 Email: etourgeman@RLSlawyers.com jkalinski@RLSlawyers.com 20 bross@RLSlawyers.com 21 I declare under penalty of perjury under the laws of the United States of America. 22 Executed on April 10, 2020 at Dublin, California. 23 24 oletEYN ) erence 25 Bobette M. Tolmer 26 27 28 -7-

1 PROOF OF SERVICE 2 I am employed in the City of Santa Monica, State of California. I am over 18 years of age and not a party to this action. My business address is Rains Lucia 3 Stern St. Phalle & Silver, PC, 16130 Ventura Blvd., Suite 600, Encino, CA 91436. 4 On the date below I served a true copy of the following document(s): 5 6 SECOND RULE 68 OFFER OF JUDGMENT TO PLAINTIFFS; NOTICE

OF ACCEPTANCE

7 on the interested parties to said action by the following means: 8 (BY MAIL) By placing a true copy of the above, enclosed in a sealed 9 envelope with appropriate postage, for collection and mailing following our ordinary business practices. I am readily familiar with this business’s 10 practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it 11 is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 12 (BY OVERNIGHT DELIVERY) By placing a true copy of the above, enclosed in a sealed envelope with delivery charges to be billed to Rains 13 Lucia Stern St. Phalle & Silver, P.C., for delivery by an overnight delivery service to the address(es) shown below. 14 (BY FACSIMILE TRANSMISSION) By transmitting a true copy of the above by facsimile transmission from facsimile number (310) 393-1486 15 to the attorney(s) or party(ies) shown below. 16 (BY MESSENGER) By placing a true copy of the above in a sealed envelope and by giving said envelope to an employee of First Legal for 17 guaranteed, same-day delivery to the address(es) shown below. 18 (BY HAND DELIVERY) By personal delivery of a true copy of the above to the attorneys or parties shown below 19 X (BY E-MAIL or ELECTRONIC TRANSMISSION) I caused the documents to be sent to the persons at the e-mail addresses listed below. I 20 did not receive, within a reasonable period of time, after the transmission, any electronic message or other indication that the transmission was 21 unsuccessful. 22 23 I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. 24 25 DATED: April 24, 2020 /s/ Michele Hengesbach Michele Hengesbach 26 27 28 1 2 SERVICE LIST 3 Arthur A. Hartinger 4 Spencer J. Wilson Ryan McGinley-Stempel 5 RENNE PUBLIC LAW GROUP 350 Sansome Street, Suite 300 6 San Francisco, CA 94104 Tele: (415) 848-7200 7 Fax: (415) 848-7230 ahartinger@publiclawgroup.com 8 swilson@publiclawgroup.com rmcginleystempel@publiclawgroup.com 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28