Comin

Comin v. International Business Machines Corporation (IBM)

Good Law
United States District Court, Northern District of CaliforniaOctober 20, 20233:19-cv-07261California2,719 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 MARK COMIN, Case No. 19-cv-07261-JD

Plaintiff,

ORDER RE FINAL APPROVAL OF

v. CLASS AND PAGA SETTLEMENT

AND ATTORNEYS’ FEES AND COSTS

INTERNATIONAL BUSINESS

MACHINES CORPORATION (IBM),

8 Defendant.

9 Plaintiff Comin sued his employer, defendant International Business Machines Corporation (IBM), on behalf of a putative class under California Labor Code Section 2751 and the Unfair Competition Law (UCL), and for breach of contract. Dkt. No. 23. Comin alleged that IBM had a practice of not providing sales representatives with a written contract about commissions, which Section 2751 requires, and failing to pay commissions as they came due. The Court denied the first application for preliminary approval on multiple grounds. Dkt. No. 129. After the parties revised the proposed settlement to address the Court’s concerns, preliminary approval was granted for a second application. Dkt. No. 137. This order grants final settlement…

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