Jennifer Augustus, individually and on behalf of all similarly situated individuals v. American Commercial Security Services, a wholly owned subsidiary of ABM Industries Inc., and Does 1 through 100, inclusive
Published: May 20, 2017 | Result Date: Mar. 20, 2017 | Filing Date: Jan. 1, 1900 |Case number: BC336416 (consolidated with CGC5444421 and BC345918) Settlement – $110,000,000
Court
L.A. Superior Central West
Attorneys
Plaintiff
Monica Balderrama
(Initiative Legal Group APC)
Drew E. Pomerance
(Roxborough, Pomerance, Nye & Adreani LLP)
Marina N. Vitek
(Roxborough Pomerance Nye & Adreani LLP)
Scott E. Cole
(Cole & Van Note)
Stephen C. Pasarow
(Knapp, Petersen & Clarke)
Diron M. Ohanian
(Knapp, Petersen & Clarke)
Jeffrey I. Ehrlich
(Ehrlich Law Firm)
Michael B. Adreani
(Roxborough Pomerance Nye & Adreani LLP)
Alvin L. Pittman
(Law Office of Alvin L. Pittman)
G. Arthur Meneses
(Initiative Legal Group APC)
Defendant
Bradley J. Hamburger
(Gibson, Dunn & Crutcher LLP)
Andrew G. Pappas
(Gibson Dunn & Crutcher LLP)
Keith A. Jacoby
(Littler Mendelson PC)
Theodore J. Boutrous Jr.
(Gibson, Dunn & Crutcher LLP)
Dominic J. Messiha
(Law Office of Dominic J. Messiha, PC)
Theane Evangelis
(Gibson, Dunn & Crutcher LLP)
Facts
Plaintiff filed a class action wage and hour complaint against ABM Security Services Inc. on behalf of herself and other current and former security guard employees of ABM.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that ABM failed to provide its security guard meal periods and rest periods in compliance with California law.
DEFENDANT'S CONTENTIONS:
Defendant denied wrongdoing and asserted various defenses.
Result
The parties settled for $110 million. The settlement class consists of approximately 15,000 employees. The settlement has been preliminarily approved, with a final approval hearing scheduled for June 30, 2017.
Other Information
Plaintiffs were granted summary judgment on their rest break cause of action in July 2012, in the amount of $89 million. The case was reversed in December 2014 by the Second District Court of Appeal, Div.1. Plaintiffs filed a Petition for Review with the Supreme Court, which was granted and in December 2016, the Supreme Court reversed the Court of Appeal, and reinstated the judgment of the trial court.
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