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Case: Schreiner v. Genesco, Inc.

2:04-cv-09765 | U.S. District Court for the Central District of California

Filed Date: Dec. 1, 2004

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On October 22, 2000, store managers and assistant store managers employed by Genesco between 2000 and 2005 filed a lawsuit alleging failure to pay for overtime hours against Genesco in the Superior Court for the State of California, County of Los Angeles. The case was removed to the Central District of California on December 1, 2004. The plaintiffs, represented by private counsel, asked the court for recovery of overtime pay, penalties, injunctive relief, and attorneys' fees and costs. Plain…

On October 22, 2000, store managers and assistant store managers employed by Genesco between 2000 and 2005 filed a lawsuit alleging failure to pay for overtime hours against Genesco in the Superior Court for the State of California, County of Los Angeles. The case was removed to the Central District of California on December 1, 2004. The plaintiffs, represented by private counsel, asked the court for recovery of overtime pay, penalties, injunctive relief, and attorneys' fees and costs. Plaintiffs claimed that Genesco failed to compensate store managers and assistant store managers for overtime hours, employees were not given meal or rest periods, and managers performed some duties "off the clock."

On August 9, 2005, the District Court (Judge R. Gary Klausner) conditionally granted Plaintiffs' motion for preliminary approval of a class settlement. The Court issued an order approving a revised notice of settlement on August 23, 2005.

On October 28, 2005, the Court granted final approval of the class action settlement pursuant to which Defendant agreed to pay $2,250,000 for the benefit of the class.

Summary Authors

Haley Waller (8/17/2010)

People


Judge(s)

Klausner, Robert Gary (California)

Judge(s)

Klausner, Robert Gary (California)

Documents in the Clearinghouse

Document

2:04-cv-09765

Docket

Sarah Schreiner v. Genesco

Dec. 21, 2005

Dec. 21, 2005

Docket
25

2:04-cv-09765

ORDER APPROVING REVISED NOTICE OF SETTLEMENT

Schreiner v. Genesco

Aug. 23, 2005

Aug. 23, 2005

Order/Opinion
39

2:04-cv-09765

ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

Schreiner v. Genesco

Oct. 28, 2005

Oct. 28, 2005

Order/Opinion

Docket

Last updated Nov. 21, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
2

NOTICE of Interested Parties filed by Defendant Genesco Inc. (jag, ) (Entered: 12/08/2004)

Dec. 1, 2004

Dec. 1, 2004

3

DECLARATION of NICOLE A−J GUSTAFSON in support of Notice of Removal, 1 filed by Defendant Genesco Inc. (jag, ) (Entered: 12/08/2004)

Dec. 1, 2004

Dec. 1, 2004

FAX number for Attorney Peter T Cathcart, Clay Robbins III is 310−785−9143. (jag, ) (Entered: 12/08/2004)

Dec. 1, 2004

Dec. 1, 2004

FAX number for Attorney Nicole Ann−Jeanette Gustafson, Andrew C Peterson is 213−612−2501. (jag, ) (Entered: 12/08/2004)

Dec. 1, 2004

Dec. 1, 2004

4

STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner: All counsel are hereby ordered to familiarize themselves with the FRCP particularly FRCP 16, 26, the Local Rules of the Central District of California, this Court's Order for Jury Trial and this Court's Order for Court Trial (see document for further details).(mch, ) (Entered: 12/14/2004)

Dec. 3, 2004

Dec. 3, 2004

5

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE LACK OF JURISDICTION by Judge R. Gary Klausner: The Courts orders Defendant(s) to Show Cause in writing by Noon 12/22/2004 why this action should not be remanded. Plaintiff(s) may submit a response in the same time period. The Clerk shall serve this minute order on all parties to the action.Court Reporter: Not Reported. (mch, ) (Entered: 12/14/2004)

Dec. 13, 2004

Dec. 13, 2004

6

NOTICE of Standing Order Regarding Newly Assigned Cases 4 filed by plaintiff Sarah Schreiner. (jp, ) (Entered: 12/16/2004)

Dec. 15, 2004

Dec. 15, 2004

7

NOTICE of standing order regardng newly assigned cases. filed by defendant Genesco Inc. see file for details(yc, ) (Entered: 12/22/2004)

Dec. 16, 2004

Dec. 16, 2004

9

RESPONSE filed by Defendant Genesco Incto to order to show cause 5 (yc, ) (Entered: 01/04/2005)

Dec. 22, 2004

Dec. 22, 2004

10

DECLARATION of Shannon M Treecxe CPA in support of response to order to show cause. 5 filed by Defendant Genesco Inc. (yc, ) (Entered: 01/04/2005)

Dec. 22, 2004

Dec. 22, 2004

8

ORDER by Judge R. Gary Klausner, setting Scheduling Conference on 3/7/2005 09:00 AM before Honorable R. Gary Klausner. (el, ) (Entered: 12/28/2004)

Dec. 23, 2004

Dec. 23, 2004

11

MINUTES OF IN CHAMBERS ORDER by Judge R. Gary Klausner : The Order to Show Cause re Lack of Jurisdiction, filed on 12/13/2004, 5 is hereby DISCHARGED.Court Reporter: Not Reported. (el, ) (Entered: 01/04/2005)

Dec. 29, 2004

Dec. 29, 2004

12

JOINT STATEMENT Pursuant to This Court's Order Setting Scheduling Conference, FRCP 26(f) and Local Rule 26−1 filed by Defendant Genesco Inc (shb, ) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

13

MINUTES: Scheduling Conference held. The parties shall file a motion for class certification. The Court reserves the date of July 11, 2005 for the motion. The Scheduling Conference is continued to 8/8/2005 09:00 AM by Judge R. Gary Klausner.Court Reporter: Lynne Smith. (pj, ) (Entered: 03/09/2005)

March 7, 2005

March 7, 2005

14

EX PARTE APPLICATION for Order continuing the time for filing the motion for class certification filed by plaintiff Sarah Schreiner. Lodged Order. Declaration of Clay Robbins III (mu, ) (Entered: 03/18/2005)

March 11, 2005

March 11, 2005

15

ORDER by Judge R. Gary Klausner : granting 14 EX PARTE APPLICATION for Order continuing the time for filing the motion for class certification. The hearing for Class Certification is set for hearing on August 8, 2005, at 9:00 am. The Scheduling Conference is set on September 12, 2005 at 9:00 AM. (shb, ) (Entered: 03/21/2005)

March 18, 2005

March 18, 2005

16

INITIAL DISCLOSURES filed by Defendant Genesco Inc (yl, ) (Entered: 04/21/2005)

April 15, 2005

April 15, 2005

17

NOTICE OF MOTION AND MOTION for Preliminary Approval of Class Settlement filed by plaintiff Sarah Schreiner. Motion set for hearing on 7/25/2005 at 09:00 AM before Honorable R. Gary Klausner. (jp, ) (Entered: 06/16/2005)

June 14, 2005

June 14, 2005

18

MEMORANDUM OF POINTS AND AUTHORITIES RE: Preliminary Approval 17 filed by plaintiff Sarah Schreiner. (jp, ) (Entered: 06/16/2005)

June 14, 2005

June 14, 2005

19

DECLARATION of ANDREW C. PETERSON in support of MOTION for Preliminary Approval of Class Action 17 filed by plaintiff Sarah Schreiner. (jp, ) (Entered: 06/16/2005)

June 14, 2005

June 14, 2005

20

DECLARATION of CLAY ROBBINS III in support of MOTION for Preliminary Approval of Class Action 17 filed by plaintiff Sarah Schreiner. (jp, ) (Entered: 06/16/2005)

June 14, 2005

June 14, 2005

21

PROOF OF SERVICE filed by plaintiff Sarah Schreiner. re Declaration of CLAY ROBBINS III in support of MOTION for Preliminary Approval of Class Action 20 , MOTION for Preliminary Approval of Class 17 , Memorandum re Preliminary Approval 18 , Declaration Andrew C. Peterson in support of MOTION for Preliminary Approval of Class Action 19 , was served on 6/13/2005. (jp, ) (Entered: 06/16/2005)

June 14, 2005

June 14, 2005

22

MINUTES by Judge R. Gary Klausner; Court hereby advises counsel that the MOTION for Preliminary Approval of Class Settlement 17 is UNDER SUBMISSION and taken off the motion calendar. Furthermore, no appearance by counsel is necessary. Court will issue a ruling after full consideration of the submitted pleadings.Court Reporter: n/a. (jag, ) (Entered: 07/19/2005)

July 18, 2005

July 18, 2005

23

MINUTES by Judge R. Gary Klausner; plaintiffs MOTION for Preliminary Approval of Class Settlement 17 is conditionally GRANTED. Specifically, the Court preliminarily approves the final settlement amount of $2,250,000.00 but not the enhancement of $7,500.00 until proper proof has been shown justifying this fee. Motion is granted conditioned upon the submission and approval of a revised notice of class action settlement of class action clarifying the provisions relating to attorneys fees, enhancement fees and costs. Parties are ordered to make the following clarifications: (see document for details.) Parties are ordered to submit a revised notice of settlement and proposed order approving the revised notice of settlement no later than 8/21/05. It is further ordered that hearing for final approval of settlement will be set for 10/21/2005 09:00 AM.Court Reporter: n/a. (jag, ) (Entered: 08/11/2005)

Aug. 9, 2005

Aug. 9, 2005

24

JOINT NOTICE of Lodgment of revised notice of class action settlement for approval by the Court as ordered 8/9/05 (jag, ) (Entered: 08/23/2005)

Aug. 19, 2005

Aug. 19, 2005

25

ORDER by Judge R. Gary Klausner; The notice of settlement as revised in the form attached as Exhibit A hereto, is approved for use in this matter. (see document for details)(jag, ) (Entered: 08/24/2005)

Aug. 23, 2005

Aug. 23, 2005

27

NOTICE OF MOTION AND MOTION for Final Approval of Class Action Settlement filed by plaintiff Sarah Schreiner. Motion set for hearing on 10/21/2005 at 9:00 AM before Honorable R. Gary Klausner. (ca, ) (Entered: 10/18/2005)

Oct. 12, 2005

Oct. 12, 2005

28

MEMORANDUM of Points and Authorities in Support of MOTION for final approval of Class Action Settlement 27 filed by plaintiff Sarah Schreiner. (ca, ) (Entered: 10/18/2005)

Oct. 12, 2005

Oct. 12, 2005

29

DECLARATION of Class Representative Sarah Schreiner in support of MOTION for final approval for Class Action Settlement 27 filed by plaintiff Sarah Schreiner. (ca, ) (Entered: 10/18/2005)

Oct. 12, 2005

Oct. 12, 2005

31

DECLARATION of Daniel Rosenthal Re: Notice Procedures 27 filed by plaintiff Sarah Schreiner. (ca, ) (Entered: 10/18/2005)

Oct. 12, 2005

Oct. 12, 2005

32

DECLARATION of Class Representative Sergio Sandoval in support of MOTION for final approval of class action Settlement, Attorney Fees, Costs and Enhancement 27 filed by plaintiff Sarah Schreiner. (ca, ) (Entered: 10/18/2005)

Oct. 12, 2005

Oct. 12, 2005

26

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge R. Gary Klausner ORDERING motion for final approval of class action settlement; memorandum; declaration of S. Schreiner; declaration of C. Robbins; declaration of D. Rosenthal; declaration of S. Sandoval; Declaration of M. Murphy and Order submitted by Plaintiff Sarah Schreiner received on 10/12/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ca, ) (Entered: 10/18/2005)

Oct. 13, 2005

Oct. 13, 2005

33

MINUTES OF IN CHAMBERS ORDER by Judge R. Gary Klausner: Due to the Court's schedule the MOTION for Final Approval of Class Action Settlement 27 is continued for hearing on 10/24/2005 at 10:30 AM before Honorable R. Gary Klausner. IT IS SO ORDERED.Court Reporter: Not Reported. (shb, ) (Entered: 10/27/2005)

Oct. 21, 2005

Oct. 21, 2005

34

NOTICE OF MOTION AND MOTION for Approval of Attorney Fees, Counsel Costs, Administrative Costs and Class Representative Enhancements filed by Plaintiff Sarah Schreiner. Motion set for hearing on 11/14/2005 at 09:00 AM before Honorable R. Gary Klausner. (yl, ) (Entered: 10/27/2005)

Oct. 24, 2005

Oct. 24, 2005

35

MEMORANDUM OF POINTS AND AUTHORITIES in Support of Approval of Attorney Fees, Counsel Costs, Administrative Costs and Class Representative Enhancements 34 filed by Plaintiff Sarah Schreiner. (yl, ) (Entered: 10/27/2005)

Oct. 24, 2005

Oct. 24, 2005

36

PROOF OF SERVICE filed by Plaintiff Sarah Schreiner. The Declaration of Class Counsel and Exhibits in Support of Motion for Award of Attorney's Fees, Counsel Costs, administrative Costs and Class Representatives, etdc (see document for further details) was served on 10/21/2005. (yl, ) (Entered: 10/27/2005)

Oct. 24, 2005

Oct. 24, 2005

37

DECLARATION of Class Counsel Clay Robbins III, David Roberts, Daniel Rosenthal, Class Representatives and Exhibits in Support of Motion Approval of Attorney Fees, Counsel Costs, Administrative Costs and Class Representative Enhancements 34 filed by Plaintiff Sarah Schreiner. (yl, ) (Entered: 10/27/2005)

Oct. 24, 2005

Oct. 24, 2005

38

MINUTES of Hearing held before Judge R. Gary Klausner; Court and counsel confer. Court approves the class settlement.Court Reporter: Lynne Smith. (jag, ) (Entered: 10/28/2005)

Oct. 24, 2005

Oct. 24, 2005

39

ORDER by Judge R. Gary Klausner; On 8/11 and 8/24/05, Court issued orders granting preliminary approval of the revised notice in this matter. It is hereby ordered that this Court has jurisdiction over the subject matter of this litigation and over all parties to this litigation including all members of the Class. Court hereby approves the settlement set forth in the stipulation of settlement and release and finds that said settlement is in all respects fair reasonable adequate and in the best interests of the class. Defendants shall pay participating class members up to the total gross sum of $2,250,000.00 to or for the benefit of the Class or to the attorneys for the class or to the claims administrators in the manner more fully set forth in the stipulation of settlement and release. (see document for further details)(jag, ) (Entered: 11/01/2005)

Oct. 28, 2005

Oct. 28, 2005

40

MINUTES by Judge R. Gary Klausner; Plaintiffs MOTION for Approval of Attorney Fees, Counsel Costs, Administrative Costs and Class Representative Enhancements 34 is GRANTED in part. Specifically, plaintiffs are granted $749,250.00 in attorneys fees (from which $101,000.00 in administrative costs shall be paid); $22,428.13 in litigation costs and expenses; and $7,500.00 in Class Representative Enhancement fees for each of the three class representatives.Court Reporter: n/a. (jag, ) (Entered: 11/23/2005)

Nov. 22, 2005

Nov. 22, 2005

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Dec. 1, 2004

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Store managers and assistant store managers employed by Genesco.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Genesco Inc., Private Entity/Person

Case Details

Causes of Action:

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Availably Documents:

Trial Court Docket

Monetary Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 2,250,000

Issues

Discrimination-area:

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits