Albert Cervantes, Ron Bell, Kevin Rocha, on behalf of others similarly situated v. Foster Poultry Farms
Published: Dec. 13, 2008 | Result Date: Feb. 22, 2008 | Filing Date: Jan. 1, 1900 |Case number: 05-1539 Settlement – $1,500,000
Court
USDC Eastern
Attorneys
Plaintiff
Jeffrey G. McClure
(Davenport, Gerstner & McClure)
Stephen T. Davenport
(Davenport, Gerstner & McClure)
Defendant
Andrew R. Livingston
(Orrick, Herrington & Sutcliffe LLP)
Patricia K. Gillette
(JAMS)
Facts
Plaintiff class is composed of long-line drivers employed by defendant Foster Poultry Farms. The class consists of 114 members.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that they were not paid proper wages for missed meal and rest periods. They also contended that defendant failed to provide overtime compensation, in violation of the Fair Labor Standards Act (FLSA), and allot proper meal breaks pursuant to the California Labor Code sections 226.7 and 512, as well as section 11 of the Industrial Welfare Commission Wage Order No. 8. Plaintiffs also alleged violations of the Business and Professions Code section 17200.
Result
Parties settled for $1.5 million. This includes attorney fees of $270,500 and costs of $6,000. Named representatives Albert Cervantes received $7,500, Ron Bell $3,000 and Kevin Rocha $3,000. Defendant's motion for summary judgment granted in regards to plaintiffs' claim that overtime compensation was not paid pursuant to FLSA. Plaintiffs' cross-motion for summary judgment was denied.
Other Information
Amended complaint filed on May 11, 2006. Judge granted preliminary approval of the settlement on Nov. 21, 2007.
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