Case: Pearson v. Samsonite Company Stores, Inc.

3:09-cv-01263 | U.S. District Court for the Northern District of California

Filed Date: March 24, 2009

Closed Date: April 9, 2010

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Case Summary

This class action involving store managers at Samsonite Company Stores, Inc. was filed on March 24, 2009, in the U.S. District Court, California Northern District. The plaintiffs, represented by private counsel, sought class certification (collective class and state classes for New York and California plaintiffs) as well as compensatory, declaratory, and injunctive relief, claiming that defendants consistently failed to pay appropriate overtime compensation as required by federal and state law.…

The complaint alleged that defendants misclassified plaintiffs as "exempt" from state and federal overtime laws; that defendants failed to pay all wages due and appropriate overtime compensation; that defendants failed to provide or authorize meal and rest periods; that defendants failed to maintain accurate time records; that defendants breached their contracts by promising plaintiffs vacation time based on hours worked, but did not pay for their vacation time based on their overtime hours; and that after filing this suit, certain plaintiffs were retaliated against and received pay cuts.

The requested relief included damages in the amount of their respective unpaid overtime compensation, liquidated damages from 3 years immediately preceding the filing of this action, attorneys fees and costs, restitution of vacation time and other unpaid wages and premiums, and injunctive relief requiring defendants to provide timely, accurate, itemized wage statements as well as payment of meal and rest periods. Plaintiffs that alleged retaliation requested relief for backpay, compensatory damages, and punitive damages.

Pursuant to court order, the parties participated in mediation. During the second mediation session, the mediator made a proposal that both sides accepted on November 5, 2009. A few weeks later, the parties agreed upon a Joint Stipulation of Settlement and Release. The settlement notes that defendants have reclassified all of its store managers nationwide to be non-exempt employees. Defendants, which filed for bankruptcy in September 2009, proposed to pay a lump sum of $850,000 to all 89 of the class members to resolve all outstanding wage and hour claims under the Fair Labor Standards Act and state laws. This is in addition to the amount of $116,251.08 that defendants already voluntarily paid to 30 of the 89 class members since the lawsuit was filed. Specifically, the settlement provides that all class members be paid 10% simple interest on their back overtime wage; that each class member be paid liquidated damages for the full 3 years of his/her FLSA claim; that California class members are paid additional amounts for the state claims raised in the suit, which defendants disputed, and which plaintiffs are waiving in the settlement; that California and New York class members will recover alleged vacation time underpayments; and that plaintiffs will recover for each claim they have for every week in which they were eligible for any recovery, for an average of nearly $6,300 per class member.

In December 2009, the court certified plaintiff's class for settlement purposes and granted preliminary approval of the Joint Stipulation of Settlement and Release.

In April 2010, the court granted final approval of the Joint Stipulation of Settlement and Release. The court also granted attorneys' fees of $241,562.77 and costs of $35,000, which comply with the 9th Circuit's benchmark for attorneys' fees in a class action (attorneys' fees equal 25% of the common fund). Also, based on the standards of Van Vranken v. Atlantic Richfield Co., 901 F.Supp. 294, 299 (N.D.Cal.1995), the court granted enhancements of $5,000 each sought by the representative plaintiffs.

Summary Authors

Alice Liu (10/11/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5867787/parties/pearson-v-samsonite-company-stores-inc/

Judge(s)

White, Jeffrey Steven (California)

Attorney for Plaintiff

Benham-Baker, Hillary Jo (California)

Schwartz, Bryan Jeffrey (California)

Attorney for Defendant

Deniston, Martin Kent (California)

Lee, Daniel Hakmo (California)

Judge(s)

White, Jeffrey Steven (California)

Attorney for Plaintiff

Benham-Baker, Hillary Jo (California)

Schwartz, Bryan Jeffrey (California)

Attorney for Defendant

Deniston, Martin Kent (California)

Lee, Daniel Hakmo (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:09-cv-01263	Docket	Aug. 23, 2010	Aug. 23, 2010 Docket
14 3:09-cv-01263	First Amended Complaint	May 29, 2009	May 29, 2009 Complaint
40 3:09-cv-01263	Certification of ADR Sessiom	Oct. 19, 2009	Oct. 19, 2009 Monitor/Expert/Receiver Report
55 3:09-cv-01263	Certification of ADR Session	Nov. 10, 2009	Nov. 10, 2009 Monitor/Expert/Receiver Report
43-1 3:09-cv-01263	Joint Stipulation of Settlement and Release	Nov. 17, 2009	Nov. 17, 2009 Settlement Agreement
43 3:09-cv-01263	Notice of Motion and Joint Motion for Preliminary Approval of Joint Stipulation of Settlement and Release Between Plaintiffs and Defendants	Nov. 20, 2009	Nov. 20, 2009 Pleading / Motion / Brief
56 3:09-cv-01263	Notice of Tentative Ruling and Questions	Dec. 17, 2009	Dec. 17, 2009 Order/Opinion
43-1 3:09-cv-01263	Order Granting Preliminary Approval of Settlement and Granting Collective and Class Action Certification	Dec. 18, 2009	Dec. 18, 2009 Order/Opinion 2009 WL 6371715
58 3:09-cv-01263	Notice of Settlement of Class and Collective Action	Dec. 18, 2009	Dec. 18, 2009 Order/Opinion
81 3:09-cv-01263	Order Granting Final Approval of Settlement, and Awarding Attorneys' Fees and Costs and Representative Plaintiffs' Enhancements	April 9, 2010	April 9, 2010 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5867787/pearson-v-samsonite-company-stores-inc/

Last updated Sept. 30, 2026, 5:04 a.m.

Docket for: Pearson v. Samsonite Company Stores, Inc.

ECF Number	Date	Description	Link
1	March 24, 2009	COMPLAINT (with jury demand) against Samsonite Company Stores, Inc., Samsonite Corporation (Filing fee $ 350, receipt number 34611030264). Filed by Rosalie Pearson, Dennis Newsham. (cjl, COURT STAFF) (Filed on 3/24/2009) (Additional attachment(s) added on 3/25/2009: # 1 Civil Cover Sheet) (cjl, COURT STAFF). Modified on 3/25/2009 (cjl, COURT STAFF). (Entered: 03/25/2009) 1 Civil Cover Sheet View on PACER	RECAP
2	March 24, 2009	Summons Issued as to Samsonite Company Stores, Inc., Samsonite Corporation. (cjl, COURT STAFF) (Filed on 3/24/2009) (cjl, COURT STAFF). (Entered: 03/25/2009)	RECAP
3	March 24, 2009	ADR SCHEDULING ORDER: Case Management Statement due by 6/29/2009. Case Management Conference set for 7/6/2009 04:00 PM. (Attachments: # 1 Standing Order)(cjl, COURT STAFF) (Filed on 3/24/2009) (Entered: 03/25/2009) 1 Standing Order View on PACER	RECAP
	March 24, 2009	CASE DESIGNATED for Electronic Filing. (cjl, COURT STAFF) (Filed on 3/24/2009)
4	March 25, 2009	Declination to Proceed Before a U.S. Magistrate Judge by Rosalie Pearson, Dennis Newsham. (Schwartz, Bryan) (Filed on 3/25/2009) (Entered: 03/25/2009)	RECAP
5	March 25, 2009	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (hlk, COURT STAFF) (Filed on 3/25/2009) Modified on 3/26/2009 (cjl, COURT STAFF). (Entered: 03/25/2009)	RECAP
6	March 26, 2009	ORDER REASSIGNING CASE. Case reassigned to Hon. Jeffrey S. White for all further proceedings. Magistrate Judge Wayne D. Brazil no longer assigned to the case. Signed by the Executive Committee on March 26, 2009. (cjl, COURT STAFF) (Filed on 3/26/2009) (Entered: 03/26/2009)	RECAP
7	March 26, 2009	SUMMONS Returned Executed by Rosalie Pearson, Dennis Newsham. Samsonite Company Stores, Inc. served on 3/25/2009, answer due 4/14/2009; Samsonite Corporation served on 3/25/2009, answer due 4/14/2009. (Schwartz, Bryan) (Filed on 3/26/2009) (Entered: 03/26/2009)	RECAP
8	April 7, 2009	INITIAL SCHEDULING CONFERENCE ORDER: Case Management Conference set for 7/10/2009 01:30 PM. Case Management Statement due by 7/2/2009.. Signed by Judge Jeffrey S. White on 4/7/09. (jjo, COURT STAFF) (Filed on 4/7/2009) (Entered: 04/07/2009)	RECAP
9	April 14, 2009	STIPULATION REGARDING EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' COMPLAINT by Samsonite Company Stores, Inc., Samsonite Corporation. (Lee, Daniel) (Filed on 4/14/2009) (Entered: 04/14/2009)	RECAP
10	April 27, 2009	NOTICE by Rosalie Pearson, Dennis Newsham of Consent Filing (Attachments: # 1 FLSA Consent)(Schwartz, Bryan) (Filed on 4/27/2009) (Entered: 04/27/2009) 1 FLSA Consent View on PACER	RECAP
11	April 27, 2009	ERRATA re 10 Notice (Other) Corrected Certificate of Service for Docket #10 by Rosalie Pearson, Dennis Newsham. (Schwartz, Bryan) (Filed on 4/27/2009) (Entered: 04/27/2009)	RECAP
12	May 6, 2009	NOTICE by Rosalie Pearson, Dennis Newsham Notice of Consent Filing (Attachments: # 1 Consent Form)(Schwartz, Bryan) (Filed on 5/6/2009) (Entered: 05/06/2009) 1 Consent Form View on PACER	RECAP
13	May 27, 2009	CERTIFICATE OF SERVICE by Rosalie Pearson, Dennis Newsham re 8 Initial Scheduling Scheduling Order In Accordance With Fed. R. Civ. P. 4 and 5 and Civ. L.R. 5-6(a) (Schwartz, Bryan) (Filed on 5/27/2009) (Entered: 05/27/2009)	RECAP
14	May 29, 2009	AMENDED COMPLAINT against Samsonite Company Stores, Inc., Samsonite Corporation. Filed byRosalie Pearson, Dennis Newsham. (Schwartz, Bryan) (Filed on 5/29/2009) (Entered: 05/29/2009)	RECAP
15	June 5, 2009	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) filed by Defendants Samsonite Company Stores and Samsonite Corporation (Lee, Daniel) (Filed on 6/5/2009) (Entered: 06/05/2009)	RECAP
16	June 5, 2009	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options filed by Defendants Samsonite Company Sotres and Samsonite Corporation (Lee, Daniel) (Filed on 6/5/2009) (Entered: 06/05/2009)	RECAP
17	June 5, 2009	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) filed by Defendants Samsonite Company Stores and Samsonite Corporation (Lee, Daniel) (Filed on 6/5/2009) (Entered: 06/05/2009)	RECAP
18	June 8, 2009	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Schwartz, Bryan) (Filed on 6/8/2009) (Entered: 06/08/2009)	RECAP
19	June 8, 2009	STIPULATION re 14 Amended Complaint STIPULATION REGARDING EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT by Samsonite Company Stores, Inc., Samsonite Corporation. (Lee, Daniel) (Filed on 6/8/2009) (Entered: 06/08/2009)	RECAP
20	June 10, 2009	Certificate of Interested Entities by Samsonite Company Stores, Inc., Samsonite Corporation (Lee, Daniel) (Filed on 6/10/2009) (Entered: 06/10/2009)	RECAP
21	June 18, 2009	Defendants' ANSWER to Amended Complaint bySamsonite Company Stores, Inc., Samsonite Corporation. (Lee, Daniel) (Filed on 6/18/2009) (Entered: 06/18/2009)	RECAP
22	June 19, 2009	Certificate of Interested Entities by Dennis Newsham, Rosalie Pearson (Schwartz, Bryan) (Filed on 6/19/2009) (Entered: 06/19/2009)	RECAP
23	June 30, 2009	ADR Clerks Notice Setting ADR Phone Conference on 7/6/09 at 1:30 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (sgd, COURT STAFF) (Filed on 6/30/2009) (Entered: 06/30/2009)	RECAP
24	July 2, 2009	CASE MANAGEMENT STATEMENT JOINT CASE MANAGEMENT STATEMENT, FRCP 26(F) REPORT filed by Samsonite Company Stores, Inc., Samsonite Corporation. (Attachments: # 1 Proposed Order)(Lee, Daniel) (Filed on 7/2/2009) (Entered: 07/02/2009) 1 Proposed Order View on PACER	RECAP
	July 7, 2009	ADR Remark: ADR Phone Conference held by DB on 7/6/09. (sgd, COURT STAFF) (Filed on 7/7/2009)
25	July 13, 2009	Minute Entry: Initial Case Management Conference held on 7/10/2009 before Judge Jeffrey S. White (Date Filed: 7/13/2009). (Court Reporter Jim Yeomans.) (jjo, COURT STAFF) (Date Filed: 7/13/2009) (Entered: 07/13/2009)	RECAP
26	July 15, 2009	Statement JOINT STATEMENT OF PLAINTIFFS AND DEFENDANTS RE: MAGISTRATE JUDGES by Samsonite Company Stores, Inc., Samsonite Corporation. (Lee, Daniel) (Filed on 7/15/2009) (Entered: 07/15/2009)	RECAP
	July 31, 2009	CASE REFERRED to ADR for Mediation 25 . (af, COURT STAFF) (Filed on 7/31/2009)
27	Aug. 20, 2009	ADR Clerks Notice Appointing Baldwin Lee as Mediator. (af, COURT STAFF) (Filed on 8/20/2009) (Entered: 08/20/2009)	RECAP
28	Sept. 1, 2009	STIPULATION Requesting Order Changing Time in Light of Pending Mediation Efforts, Under Local Civil Rule 6-2 by Dennis Newsham, Rosalie Pearson. (Attachments: # 1 Proposed Order)(Schwartz, Bryan) (Filed on 9/1/2009) (Entered: 09/01/2009) 1 Proposed Order View on PACER	RECAP
29	Sept. 1, 2009	Declaration of Bryan J. Schwartz in Support of 28 Stipulation Requesting Order Changing Time in Light of Pending Mediation Efforts, Under Local Civil Rule 6-2 filed byDennis Newsham, Rosalie Pearson. (Related document(s) 28 ) (Schwartz, Bryan) (Filed on 9/1/2009) (Entered: 09/01/2009)	RECAP
30	Sept. 1, 2009	CERTIFICATE OF SERVICE by Dennis Newsham, Rosalie Pearson of Civil Standing Orders for Hon. Jeffrey S. White, U.S. District Court for the Northern District of California (Schwartz, Bryan) (Filed on 9/1/2009) (Entered: 09/01/2009)	RECAP
31	Sept. 1, 2009	ORDER GRANTING 28 Stipulation to Change Time. Signed by Judge Jeffrey S. White on September 1, 2009. (jswlc2, COURT STAFF) (Filed on 9/1/2009) (Entered: 09/01/2009)	RECAP
	Sept. 1, 2009	Set/Reset Deadlines as to Motion Hearing set for 1/15/2010 09:00 AM. (hdj, COURT STAFF) (Filed on 9/1/2009)
32	Sept. 3, 2009	NOTICE by Samsonite Company Stores, Inc., Samsonite Corporation Of Chapter 11 Bankruptcy (Deniston, Martin) (Filed on 9/3/2009) (Entered: 09/03/2009)	RECAP
33	Sept. 10, 2009	STIPULATION to Toll Statute of Limitations for FLSA Putative Class Members by Dennis Newsham, Rosalie Pearson. (Schwartz, Bryan) (Filed on 9/10/2009) (Entered: 09/10/2009)	RECAP
34	Sept. 10, 2009	Reply Memorandum RESPONSE TO DEFENDANT SAMSONITE COMPANY STORES, INC.S NOTICE OF CHAPTER 11 BANKRUPTCY filed byDennis Newsham, Rosalie Pearson. (Schwartz, Bryan) (Filed on 9/10/2009) (Entered: 09/10/2009)	RECAP
35	Sept. 11, 2009	ORDER GRANTING 33 Stipulation to Toll Statute of Limitations for FLSA Putative Class Members. Signed by Judge Jeffrey S. White on 9/11/09. (jjo, COURT STAFF) (Filed on 9/11/2009) (Entered: 09/11/2009)	RECAP
	Sept. 15, 2009	Set/Reset Hearings: Mediation Hearing set for 10/14/2009 9:00 a.m., at the Mediator's offices Allen Matkins Three Embarcadero Center, 12th Floor, San Francisco, CA 94111. (af, COURT STAFF) (Filed on 9/15/2009) Modified on 9/21/2009 (af, COURT STAFF).
36	Sept. 18, 2009	NOTICE by Dennis Newsham, Rosalie Pearson Notice of Consent Filing Under FLSA, 29 U.S.C. Sec. 216 (Schwartz, Bryan) (Filed on 9/18/2009) (Entered: 09/18/2009)	RECAP
37	Sept. 21, 2009	NOTICE by Dennis Newsham, Rosalie Pearson Notice of Consent Filing Under FLSA, 29 U.S.C. Sec. 216 (Schwartz, Bryan) (Filed on 9/21/2009) (Entered: 09/21/2009)	RECAP
38	Oct. 7, 2009	ORDER APPROVING TELEPHONIC APPEARANCE AT MEDIATION (edllc1, COURT STAFF) (Filed on 10/7/2009) (Entered: 10/07/2009)	RECAP
39	Oct. 19, 2009	NOTICE by Dennis Newsham, Rosalie Pearson of Consent Filing under FLSA (Schwartz, Bryan) (Filed on 10/19/2009) (Entered: 10/19/2009)	RECAP
40	Oct. 22, 2009	CERTIFICATION OF MEDIATION Session 10/14/09, case not settled, another session scheduled for 11/2/09, mediation continuing. Signed by Mediator, Baldwin Lee, dated 10/19/09. (af, COURT STAFF) (Filed on 10/22/2009) (Entered: 10/22/2009)	RECAP
41	Nov. 10, 2009	NOTICE by Dennis Newsham, Rosalie Pearson re 36 Notice (Other) Withdrawal of Opt-In Plaintiff From Lawsuit (Attachments: # 1 Exhibit)(Schwartz, Bryan) (Filed on 11/10/2009) (Entered: 11/10/2009) 1 Exhibit View on PACER	RECAP
42	Nov. 17, 2009	NOTICE by Dennis Newsham, Rosalie Pearson of Consent Filing under 29 U.S.C. sec. 216(b) (Schwartz, Bryan) (Filed on 11/17/2009) (Entered: 11/17/2009)	RECAP
43	Nov. 20, 2009	Joint MOTION for Settlement FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEMENT AND RELEASE BETWEEN PLAINTIFFS AND DEFENDANTS filed by Dennis Newsham, Rosalie Pearson. Motion Hearing set for 12/18/2009 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Attachments: # 1 Exhibit Joint Stipulation of Settlement and Release Between Plaintiffs and Defendants, plus Exhibits to same (including proposed Order))(Schwartz, Bryan) (Filed on 11/20/2009) (Entered: 11/20/2009) 1 Exhibit Joint Stipulation of Settlement and Release Between Plaintiffs and Defen View on PACER	RECAP
44	Nov. 20, 2009	Declaration of Bryan J. Schwartz, Esq. in Support of 43 Joint MOTION for Settlement FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEMENT AND RELEASE BETWEEN PLAINTIFFS AND DEFENDANTS filed byDennis Newsham, Rosalie Pearson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Related document(s) 43 ) (Schwartz, Bryan) (Filed on 11/20/2009) (Entered: 11/20/2009) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER	RECAP
45	Nov. 20, 2009	Joint MOTION for an Enlarged Page Limit for MOTION FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEMENT AND RELEASE BETWEEN PLAINTIFFS AND DEFENDANTS re 43 Joint MOTION for Settlement FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEMENT AND RELEASE BETWEEN PLAINTIFFS AND DEFENDANTS filed by Dennis Newsham, Rosalie Pearson. Motion Hearing set for 12/18/2009 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Schwartz, Bryan) (Filed on 11/20/2009) (Entered: 11/20/2009) 1 Proposed Order View on PACER	RECAP
46	Nov. 20, 2009	Joint MOTION to Seal Document FOR ADMINISTRATIVE RELIEF UNDER CIV. L.R. 7-11, TO FILE DOCUMENTS UNDER SEAL PURSUANT TO CIV. L.R. 79-5(c), regarding portions of Exhibit D to Joint Stipulation of Settlement (Dkt. #43-1) filed by Dennis Newsham, Rosalie Pearson. Motion Hearing set for 12/18/2009 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Schwartz, Bryan) (Filed on 11/20/2009) (Entered: 11/20/2009) 1 Proposed Order View on PACER	RECAP
47	Nov. 20, 2009	Declaration of Bryan J. Schwartz, Esq. in Support of 46 Joint MOTION to Seal Document FOR ADMINISTRATIVE RELIEF UNDER CIV. L.R. 7-11, TO FILE DOCUMENTS UNDER SEAL PURSUANT TO CIV. L.R. 79-5(c), regarding portions of Exhibit D to Joint Stipulation of Settlement (Dkt. #43-1)Joint MOTION to Seal Document FOR ADMINISTRATIVE RELIEF UNDER CIV. L.R. 7-11, TO FILE DOCUMENTS UNDER SEAL PURSUANT TO CIV. L.R. 79-5(c), regarding portions of Exhibit D to Joint Stipulation of Settlement (Dkt. #43-1) filed byDennis Newsham, Rosalie Pearson. (Related document(s) 46 ) (Schwartz, Bryan) (Filed on 11/20/2009) (Entered: 11/20/2009)	RECAP
48	Nov. 20, 2009	Statement re 47 Declaration in Support,, 44 Declaration in Support,, 45 Joint MOTION for an Enlarged Page Limit for MOTION FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEMENT AND RELEASE BETWEEN PLAINTIFFS AND DEFENDANTS re 43 Joint MOTION for Settlement FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEMEJoint MOTION for an Enlarged Page Limit for MOTION FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEMENT AND RELEASE BETWEEN PLAINTIFFS AND DEFENDANTS re 43 Joint MOTION for Settlement FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEMEJoint MOTION for an Enlarged Page Limit for MOTION FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEMENT AND RELEASE BETWEEN PLAINTIFFS AND DEFENDANTS re 43 Joint MOTION for Settlement FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEME, 46 Joint MOTION to Seal Document FOR ADMINISTRATIVE RELIEF UNDER CIV. L.R. 7-11, TO FILE DOCUMENTS UNDER SEAL PURSUANT TO CIV. L.R. 79-5(c), regarding portions of Exhibit D to Joint Stipulation of Settlement (Dkt. #43-1)Joint MOTION to Seal Document FOR ADMINISTRATIVE RELIEF UNDER CIV. L.R. 7-11, TO FILE DOCUMENTS UNDER SEAL PURSUANT TO CIV. L.R. 79-5(c), regarding portions of Exhibit D to Joint Stipulation of Settlement (Dkt. #43-1), 43 Joint MOTION for Settlement FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEMENT AND RELEASE BETWEEN PLAINTIFFS AND DEFENDANTS Certificate of Service regarding Dkt. #'s 43-47 by Dennis Newsham, Rosalie Pearson. (Schwartz, Bryan) (Filed on 11/20/2009) (Entered: 11/20/2009)	RECAP
49	Nov. 20, 2009	Joint MOTION for Settlement Approval Hearing Date filed by Samsonite Company Stores, Inc., Samsonite Corporation. Motion Hearing set for 12/18/2009 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Deniston, Martin) (Filed on 11/20/2009) (Entered: 11/20/2009)	RECAP
50	Nov. 20, 2009	Declaration of Daniel H. Lee in Support of 43 Joint MOTION for Settlement FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEMENT AND RELEASE BETWEEN PLAINTIFFS AND DEFENDANTS filed bySamsonite Company Stores, Inc., Samsonite Corporation. (Related document(s) 43 ) (Deniston, Martin) (Filed on 11/20/2009) (Entered: 11/20/2009)	RECAP
54	Nov. 20, 2009	(UNDER SEAL) EXHIBIT D in Support of Joint Stipulation filed byDennis Newsham, Rosalie Pearson, Samsonite Company Stores, Inc., Samsonite Corporation. (hdj, COURT STAFF) (Filed on 11/20/2009) (Entered: 12/02/2009)	RECAP
	Nov. 20, 2009	Received Document (UNDER SEAL) Exhibt D by Samsonite Company Stores, Inc., Samsonite Corporation. (hdj, COURT STAFF) (Filed on 11/20/2009)
51	Nov. 30, 2009	ORDER GRANTING 49 MOTION for Settlement Approval Hearing Date. Signed by Judge Jeffrey S. White on 11/30/09. (jjo, COURT STAFF) (Filed on 11/30/2009) (Entered: 11/30/2009)	RECAP
52	Nov. 30, 2009	ORDER GRANTING 45 Joint MOTION for an Enlarged Page Limit. Signed by Judge Jeffrey S. White on 11/30/09. (jjo, COURT STAFF) (Filed on 11/30/2009) (Entered: 11/30/2009)	RECAP
53	Nov. 30, 2009	ORDER GRANTING 46 FOR ADMINISTRATIVE RELIEF UNDER CIV. L.R. 7-11, TO FILE DOCUMENTS UNDER SEAL PURSUANT TO CIV. L.R. 79-5(c). Signed by Judge Jeffrey S. White on 11/30/09. (jjo, COURT STAFF) (Filed on 11/30/2009) (Entered: 11/30/2009)	RECAP
55	Dec. 10, 2009	CERTIFICATION OF MEDIATION Session 11/2/09, case fully settled, mediation complete. Signed by Mediator, Baldwin Lee, dated 11/10/09. (af, COURT STAFF) (Filed on 12/10/2009) (Entered: 12/10/2009)	RECAP
56	Dec. 17, 2009	NOTICE OF TENTATIVE RULING AND QUESTIONS. Signed by Judge Jeffrey S. White on December 17, 2009. (jswlc2, COURT STAFF) (Filed on 12/17/2009) (Entered: 12/17/2009)	RECAP
57	Dec. 17, 2009	NOTICE by Samsonite Company Stores, Inc., Samsonite Corporation NOTICE AND STIPULATOIN REGARDING COURT'S TENTATIVE RULING AND QUESTIONS (Lee, Daniel) (Filed on 12/17/2009) (Entered: 12/17/2009)	RECAP
58	Dec. 17, 2009	EXHIBITS re 56 Order, 57 Notice (Other), 43 Joint MOTION for Settlement FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEMENT AND RELEASE BETWEEN PLAINTIFFS AND DEFENDANTS Revised Exhibit F (Proposed Class Notice) Pursuant to Stipulation (Dkt. #57) and to Address Court Questions (Dkt. #56) filed byDennis Newsham, Rosalie Pearson. (Related document(s) 56, 57, 43 ) (Schwartz, Bryan) (Filed on 12/17/2009) (Entered: 12/17/2009)	RECAP
59	Dec. 17, 2009	Declaration of Dennis Newsham in Support of 43 Joint MOTION for Settlement FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEMENT AND RELEASE BETWEEN PLAINTIFFS AND DEFENDANTS Regarding Representative Plaintiff Enhancements filed byDennis Newsham, Rosalie Pearson. (Related document(s) 43 ) (Schwartz, Bryan) (Filed on 12/17/2009) (Entered: 12/17/2009)	RECAP
60	Dec. 17, 2009	Declaration of Rosalie Pearson in Support of 43 Joint MOTION for Settlement FOR PRELIMINARY APPROVAL OF JOINT STIPULATION OF SETTLEMENT AND RELEASE BETWEEN PLAINTIFFS AND DEFENDANTS Regarding Representative Plaintiff Enhancements filed byDennis Newsham, Rosalie Pearson. (Related document(s) 43 ) (Schwartz, Bryan) (Filed on 12/17/2009) (Entered: 12/17/2009)	RECAP
61	Dec. 18, 2009	Minute Entry: Motion Hearing held on 12/18/2009 before Judge Jeffrey S. White (Date Filed: 12/18/2009). (Court Reporter Joan Columbini.) (jjo, COURT STAFF) (Date Filed: 12/18/2009) (Entered: 12/18/2009)	RECAP
62	Dec. 18, 2009	ORDER by Judge Jeffrey S. White GRANTING 43 Motion for Preliminary Approval of Settlement and GRANTING Collective and Class Action Notification. (jswlc2, COURT STAFF) (Filed on 12/18/2009) (Entered: 12/18/2009)	RECAP
63	Dec. 18, 2009	ORDER Approving Notice of Settlement of Class and Collective Action. Signed by Judge Jeffrey S. White on December 18, 2009. (jswlc2, COURT STAFF) (Filed on 12/18/2009) (Entered: 12/18/2009)	RECAP
64	Feb. 9, 2010	STIPULATION OF THE PARTIES REQUESTING TO HAVE THEIR JOINT MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT HEARD ON APRIL 9, 2010 by Dennis Newsham, Rosalie Pearson. (Schwartz, Bryan) (Filed on 2/9/2010) (Entered: 02/09/2010)	RECAP
65	Feb. 9, 2010	Declaration of Bryan J. Schwartz, Esq. in Support of 64 Stipulation OF THE PARTIES REQUESTING TO HAVE THEIR JOINT MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT HEARD ON APRIL 9, 2010 filed byDennis Newsham, Rosalie Pearson. (Attachments: # 1 Exhibit A)(Related document(s) 64 ) (Schwartz, Bryan) (Filed on 2/9/2010) (Entered: 02/09/2010) 1 Exhibit A View on PACER	RECAP
66	Feb. 17, 2010	ORDER granting 64 Stipulation OF THE PARTIES REQUESTING TO HAVE THEIR JOINT MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT HEARD ON APRIL 9, 2010. Signed by Judge JEFFREY S. WHITE on 2/17/10. (jjo, COURT STAFF) (Filed on 2/17/2010) (Entered: 02/17/2010)	RECAP
	Feb. 17, 2010	Set/Reset Deadlines as to Motion Hearing set for 4/9/2010 09:00 AM. (hdj, COURT STAFF) (Filed on 2/17/2010)
67	April 1, 2010	NOTICE of Appearance by Hillary Jo Baker (Baker, Hillary) (Filed on 4/1/2010) (Entered: 04/01/2010)	RECAP
68	April 2, 2010	EXHIBITS RE: 43 Joint Motion for Settlement filed byDennis Newsham, Rosalie Pearson, Samsonite Company Stores, Inc., Samsonite Corporation. (Attachments: # 1 Exhibit B (Revised 4/1/2010), # 2 Exhibit C)(Baker, Hillary) (Filed on 4/2/2010) (Entered: 04/02/2010) 1 Exhibit B (Revised 4/1/2010) View on PACER 2 Exhibit C View on PACER	RECAP
69	April 2, 2010	Declaration of DANIEL H. LEE in Support of 68 Exhibits, DECLARATION OF DANIEL H. LEE IN SUPPORT OF JOINT MOTION FOR FINAL APPROVAL OF SETTLEMENT filed bySamsonite Company Stores, Inc., Samsonite Corporation. (Related document(s) 68 ) (Lee, Daniel) (Filed on 4/2/2010) (Entered: 04/02/2010)	RECAP
70	April 2, 2010	Joint MOTION for Settlement for Final Approval of Class Action Settlement and Plaintiffs' Unopposed Motion for Representative Plaintiffs' Enhancements and Plaintiffs' Attorneys' Fees and Costs filed by Dennis Newsham, Rosalie Pearson, Samsonite Company Stores, Inc., Samsonite Corporation. Motion Hearing set for 4/9/2010 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Schwartz, Bryan) (Filed on 4/2/2010) (Entered: 04/02/2010)	RECAP
71	April 2, 2010	Proposed Order re 70 Joint MOTION for Settlement for Final Approval of Class Action Settlement and Plaintiffs' Unopposed Motion for Representative Plaintiffs' Enhancements and Plaintiffs' Attorneys' Fees and Costs by Dennis Newsham, Rosalie Pearson, Samsonite Company Stores, Inc., Samsonite Corporation. (Schwartz, Bryan) (Filed on 4/2/2010) (Entered: 04/02/2010)	RECAP
72	April 2, 2010	Declaration of Bryan J. Schwartz, Esq. in Support of 70 Joint MOTION for Settlement for Final Approval of Class Action Settlement and Plaintiffs' Unopposed Motion for Representative Plaintiffs' Enhancements and Plaintiffs' Attorneys' Fees and Costs filed byDennis Newsham, Rosalie Pearson. (Related document(s) 70 ) (Schwartz, Bryan) (Filed on 4/2/2010) (Entered: 04/02/2010)	RECAP
73	April 2, 2010	Declaration of Jonathan Paul in Support of 70 Joint MOTION for Settlement for Final Approval of Class Action Settlement and Plaintiffs' Unopposed Motion for Representative Plaintiffs' Enhancements and Plaintiffs' Attorneys' Fees and Costs, including Exhibits A and B to Declaration filed byDennis Newsham, Rosalie Pearson, Samsonite Company Stores, Inc., Samsonite Corporation. (Related document(s) 70 ) (Schwartz, Bryan) (Filed on 4/2/2010) (Entered: 04/02/2010)	RECAP
74	April 2, 2010	Declaration of David Borgen in Support of 70 Joint MOTION for Settlement for Final Approval of Class Action Settlement and Plaintiffs' Unopposed Motion for Representative Plaintiffs' Enhancements and Plaintiffs' Attorneys' Fees and Costs, including Exhibits A and B to Declaration filed byDennis Newsham, Rosalie Pearson. (Related document(s) 70 ) (Schwartz, Bryan) (Filed on 4/2/2010) (Entered: 04/02/2010)	RECAP
75	April 2, 2010	Declaration of Hillary Jo Baker, Esq. in Support of 70 Joint MOTION for Settlement for Final Approval of Class Action Settlement and Plaintiffs' Unopposed Motion for Representative Plaintiffs' Enhancements and Plaintiffs' Attorneys' Fees and Costs filed byDennis Newsham, Rosalie Pearson. (Related document(s) 70 ) (Baker, Hillary) (Filed on 4/2/2010) (Entered: 04/02/2010)	RECAP
76	April 2, 2010	MOTION to Seal Document 75 Declaration in Support, filed by Dennis Newsham, Rosalie Pearson, Samsonite Company Stores, Inc., Samsonite Corporation. Motion Hearing set for 4/9/2010 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Attachments: # 1 Affidavit Declaration of Bryan J. Schwartz, Esq. In Support of Motion to File Under Seal, # 2 Proposed Order [Proposed] Order Granting Motion to File Under Seal)(Baker, Hillary) (Filed on 4/2/2010) (Entered: 04/02/2010) 1 Affidavit Declaration of Bryan J. Schwartz, Esq. In Support of Motion to File Un View on PACER 2 Proposed Order [Proposed] Order Granting Motion to File Under Seal View on PACER	RECAP
77	April 2, 2010	CERTIFICATE OF SERVICE by Dennis Newsham, Rosalie Pearson re 76 MOTION to Seal Document 75 Declaration in Support, MOTION to Seal Document 75 Declaration in Support,, 75 Declaration in Support, (Baker, Hillary) (Filed on 4/2/2010) (Entered: 04/02/2010)	RECAP
79	April 5, 2010	(UNDER SEAL) EXHIBIT 1 70 Joint MOTION for Settlement for Final Approval of Class Action Settlement and Plaintiffs' Unopposed Motion for Representative Plaintiffs' Enhancements and Plaintiffs' Attorneys' Fees and Costs filed byDennis Newsham, Rosalie Pearson. (Related document(s) 70 ) (hdj, COURT STAFF) (Filed on 4/5/2010) (Entered: 04/06/2010)	RECAP
78	April 6, 2010	ORDER by Judge Jeffrey S. White granting 76 Motion to Seal Document (jjo, COURT STAFF) (Filed on 4/6/2010) (Entered: 04/06/2010)	RECAP
80	April 9, 2010	Minute Entry: Motion Hearing held on 4/9/2010 before Judge Jeffrey S. White. The Motion for Final Approval of Class Action Settlement is taken under submission. (Court Reporter: Jim Yeomans) (rbe, COURT STAFF) (Date Filed: 4/9/2010) (Entered: 04/09/2010)	RECAP
81	April 9, 2010	ORDER by Judge Jeffrey S. White GRANTING 70 Motion for Settlement and Final Judgment. (jswlc2, COURT STAFF) (Filed on 4/9/2010) (Entered: 04/09/2010)	RECAP
82	April 27, 2010	NOTICE by Dennis Newsham, Rosalie Pearson of Settlement Distribution (Schwartz, Bryan) (Filed on 4/27/2010) (Entered: 04/27/2010)	RECAP
83	Aug. 23, 2010	NOTICE by Dennis Newsham, Rosalie Pearson of Second Settlement Distribution (Schwartz, Bryan) (Filed on 8/23/2010) (Entered: 08/23/2010)	RECAP

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Case Details

State / Territory:

California

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Private Employment Class Actions

Key Dates

Filing Date: March 24, 2009

Closing Date: April 9, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are all current or former store managers of Samsonite Company Stores, Inc. and Samsonite Corporation.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Samsonite Company Stores, Inc.

Samsonite Corporation

Defendant Type(s):

Jurisdiction-wide

Retailer

Case Details

Causes of Action:

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

State law

Other Dockets:

Northern District of California 3:09-cv-01263

Available Documents:

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $850,000

Order Duration: 2009 - 2010

Issues

General/Misc.:

Pattern or Practice

Record-keeping

Retaliation

Recommended Citation

Case Summary of Pearson v. Samsonite Company Stores, Inc., Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/11771/ (last updated 10/11/2012).