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Employment Law
FLSA
Attorneys Fees

Parks, et al. v. Eastwood Insurance

Published: Sep. 10, 2005 | Result Date: Jun. 29, 2005 | Filing Date: Jan. 1, 1900 |

Case number: SACV02507GLT Bench Decision –  $2,080,420

Judge

Gary L. Taylor

Court

USDC Central


Attorneys

Plaintiff

Aashish Y. Desai
(Desai Law Firm PC)


Defendant

Sanford L. Michelman
(Michelman & Robinson LLP)

Mona Z. Hanna
(Michelman & Robinson LLP)


Facts

In an underlying class action suit, the plaintiffs sued the defendant, Eastwood Insurance, for unpaid overtime wages under the federal Fair Labor Standards Act and California's unfair competition law. The parties ultimately settled for $1.2 million. The plaintiffs moved the Court for attorney's fees and costs pursuant to the FLSA, California Code of Civil Procedure 1021.5, and the settlement agreement.

Result

The Court awarded $2,080,415 to the plaintiffs for attorney's fees and costs. The parties settled for $1.2 million (each class member received approximately $7,600), for a total award of $3,280,415. The Court rejected the defendant's contention that the plaintiffs litigated in bad faith, noting that the defendant never made a Rule 68 offer of compromise.


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