This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Wage and Hour
Meal and Rest Periods

Mohammed Rahman, Alicia Noemi Bautista Diaz, and Pascal Moore, individually and on behalf of all others similarly situated v. Gate Gourmet Inc., Gategroup U.S. Holdings Inc., and Does 1-10, inclusive

Published: Feb. 24, 2023 | Result Date: Oct. 3, 2022 | Filing Date: May 4, 2020 |

Case number: 3:20-cv-03047-WHO Settlement –  $3,850,000

Judge

William H. Orrick III

Court

USDC Northern District of California


Attorneys

Plaintiff

Randall B. Aiman-Smith
(Aiman-Smith & Marcy PC)

Reed W.L. Marcy
(Aiman-Smith & Marcy PC)

Hallie L. VonRock
(Aiman-Smith & Marcy PC)

Brent A. Robinson
(Aiman-Smith & Marcy PC)

Kane Moon
(Moon Law Group PC)

Allen V. Feghali
(Moon Law Group PC)

Lilit Ter-Astvatsatryan
(Moon Law Group PC)

Joseph Lavi
(Lavi & Ebrahimian LLP)

Vincent C. Granberry
(Lavi & Ebrahimian LLP)

Melissa A. Huether
(Lavi & Ebrahimian LLP)


Defendant

Douglas J. Farmer
(Ogletree, Deakins, Nash, Smoak & Stewart PC)

Christopher M. Cascino
(Ogletree, Deakins, Nash, Smoak & Stewart PC)


Facts

Mohammed Rahman, Alicia Diaz, and Pascal Moore brought a class action against Gate Gourmet, Inc., and gategroup U.S. Holding, Inc. The class included all individuals, who according to Gate Gourmet's records, worked for Gate Gourmet as non-exempt in California at any time during the class period.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that Gate Gourmet violated California law by failing to pay all hours worked; failing to pay minimum wages; failing to pay overtime wages; failing to authorize and permit and/or make available meal periods; failing to authorize and permit and/or make available rest periods; failing to timely pay earned wages during employment; failing to provide accurate itemized wage statements, failing to timely pay wages upon separation; failing to pay all wages due on regularly scheduled paydays; and violating the California Business and Professions Code. Based on these allegations, plaintiffs further sought recovery of penalties under the Private Attorneys General Act (PAGA) and injunctive relief.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Settlement Discussions

The parties participated in a mediation with mediator Hunter Hughes, III, and ultimately accepted the mediator's proposal for the settlement of plaintiffs' claims.

Result

The parties reached an agreement wherein the defendant admitted no wrongdoing or liability but agreed to pay $3.85 million to settle class member's and PAGA claims.


#140263

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390