Roger Gruender, individually, Steve Gomez and Tamara Cardoso, individuals on behalf of themselves, and on behalf of all persons similarly situated v. First American Title Company
Published: Dec. 13, 2008 | Result Date: May 29, 2008 | Filing Date: Jan. 1, 1900 |Case number: 06CC00197 Settlement – $11,000,000
Court
Orange Superior
Attorneys
Plaintiff
Walter L. Haines
(United Employees Law Group PC)
Daniel M. Kopfman
(Jones Kopfman Artenian)
Norman B. Blumenthal
(Blumenthal, Nordrehaug, Bhowmik & De Blouw LLP)
Nicholas J.P. Wagner
(Wagner, Jones, Kopfman & Artenian LLP)
Stephen R. Cornwell
(Cornwell & Sample LLP)
David R. Markham
(The Markham Law Firm)
Andrew B. Jones
(Wagner, Jones, Kopfman & Artenian LLP)
Defendant
Facts
Plaintiff class, for purposes of settlement, consisted of those who were employed as title officers by defendant First American Title Company (FATC) between September 26, 2002 and March 31, 2008 and classified as exempt employees. The plaintiffs were all employees exempt from overtime wages and did not include chief title officers.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that they were not provided compensation for overtime work or for missed rest and meal breaks.
DEFENDANT'S CONTENTIONS:
FATC claimed that they properly compensated all employees and there were no missed breaks.
Damages
The plaintiffs sought damages, which included unpaid overtime wages as well as compensation for missed rest and meal breaks.
Result
The plaintiffs settled the case for a total amount of $11 million, $8 million of which was divided amongst the class members according to the number of weeks worked. The class representatives received enhancement payments of $25,000 each and the claims administrator received $33,000 to administer the settlement. Out of the total settlement amount, plaintiffs' attorneys will receive a maximum of $2,750,000 in fees and $47,000 in costs.
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