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Employment Law
Wage and Hour
Meal and Rest Periods

Sergio Rodriguez, on behalf of himself and all others similarly situated v. Acra Aerospace LLC, Novaria Group LLC, Chris Jones, Marty Michael, and Does 1 through 100, inclusive

Published: Oct. 20, 2023 | Result Date: Apr. 28, 2023 | Filing Date: Nov. 20, 2020 |

Case number: 30-2020-01171360-CU-OE-CXC Settlement –  $750,000

Judge

Randall J. Sherman

Court

Orange County Superior Court


Attorneys

Plaintiff

David D. Bibiyan
(Bibiyan Law Group PC)

Jeffrey D. Klein
(Bibiyan Law Group PC)


Defendant

John R. Carrigan
(Cozen O'Connor)

Ethan W. Chernin
(Cozen O'Connor)

Tiffanny M. Brosnan
(Snell & Wilmer LLP)


Facts

On November 20, 2020, Sergio Rodriguez, on behalf of himself and all others similarly situated, brought a putative wage-and-hour class action against Acra Aerospace LLC, Novaria Group LLC, Chris Jones, and Marty Michael, alleging various Labor Code violations. The class included all current and former non-exempt, hourly-paid employees in California from April 18, 2017, through February 14, 2022. Defendants represented that there were no more than 12,552 workweeks worked during the class period through the date of mediation.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendants failed to: pay overtime wages, pay minimum wages, provide meal periods or compensation in lieu thereof, provide rest periods or compensation in lieu thereof, pay all wages due upon separation from employment, and provide accurate wage statements to its California employees during the relevant time period. Further, plaintiff contended that defendants engaged in unfair competition in violation of the California Business & Professions Code as a result of the aforementioned violations.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Settlement Discussions

On February 14, 2022, the parties participated in a full-day mediation before the Honorable Carl J. West, Retired, a well-regarded mediator experienced in mediating complex labor and employment matters.

Result

Defendants agreed to pay $750,000 to settle all claims.


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