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

Clearinghouse coding complete

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.…

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 attrorneys, see: https://www.courtlistener.com/docket/5867787/parties/pearson-v-samsonite-company-stores-inc/


Judge(s)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Benham-Baker, Hillary Jo (California)

Schwartz, Bryan Jeffrey (California)

Attorneys(s) for Defendant

Deniston, Martin Kent (California)

Lee, Daniel Hakmo (California)

Judge(s)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Benham-Baker, Hillary Jo (California)

Schwartz, Bryan Jeffrey (California)

Attorneys(s) for Defendant

Deniston, Martin Kent (California)

Lee, Daniel Hakmo (California)

Documents in the Clearinghouse

Document

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
58

3:09-cv-01263

Notice of Settlement of Class and Collective Action

Dec. 18, 2009

Dec. 18, 2009

Notice Letter
43-1

3:09-cv-01263

Order Granting Preliminary Approval of Settlement and Granting Collective and Class Action Certification

2009 WL 6371715

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

Resources

Docket

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

Last updated Aug. 6, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

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

March 24, 2009

March 24, 2009

PACER
2

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)

March 24, 2009

March 24, 2009

PACER
3

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

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March 24, 2009

March 24, 2009

PACER

CASE DESIGNATED for Electronic Filing. (cjl, COURT STAFF) (Filed on 3/24/2009)

March 24, 2009

March 24, 2009

PACER
4

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)

March 25, 2009

March 25, 2009

PACER
5

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)

March 25, 2009

March 25, 2009

PACER
6

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)

March 26, 2009

March 26, 2009

PACER
7

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)

March 26, 2009

March 26, 2009

PACER
8

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)

April 7, 2009

April 7, 2009

PACER
9

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)

April 14, 2009

April 14, 2009

PACER
10

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

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April 27, 2009

April 27, 2009

PACER
11

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)

April 27, 2009

April 27, 2009

PACER
12

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

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May 6, 2009

May 6, 2009

PACER
13

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)

May 27, 2009

May 27, 2009

PACER
14

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)

May 29, 2009

May 29, 2009

PACER
15

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)

June 5, 2009

June 5, 2009

PACER
16

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)

June 5, 2009

June 5, 2009

PACER
17

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)

June 5, 2009

June 5, 2009

PACER
18

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Schwartz, Bryan) (Filed on 6/8/2009) (Entered: 06/08/2009)

June 8, 2009

June 8, 2009

PACER
19

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)

June 8, 2009

June 8, 2009

PACER
20

Certificate of Interested Entities by Samsonite Company Stores, Inc., Samsonite Corporation (Lee, Daniel) (Filed on 6/10/2009) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

PACER
21

Defendants' ANSWER to Amended Complaint bySamsonite Company Stores, Inc., Samsonite Corporation. (Lee, Daniel) (Filed on 6/18/2009) (Entered: 06/18/2009)

June 18, 2009

June 18, 2009

PACER
22

Certificate of Interested Entities by Dennis Newsham, Rosalie Pearson (Schwartz, Bryan) (Filed on 6/19/2009) (Entered: 06/19/2009)

June 19, 2009

June 19, 2009

PACER
23

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)

June 30, 2009

June 30, 2009

PACER
24

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

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July 2, 2009

July 2, 2009

PACER

ADR Remark: ADR Phone Conference held by DB on 7/6/09. (sgd, COURT STAFF) (Filed on 7/7/2009)

July 7, 2009

July 7, 2009

PACER
25

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)

July 13, 2009

July 13, 2009

PACER
26

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)

July 15, 2009

July 15, 2009

PACER

CASE REFERRED to ADR for Mediation 25 . (af, COURT STAFF) (Filed on 7/31/2009)

July 31, 2009

July 31, 2009

PACER
27

ADR Clerks Notice Appointing Baldwin Lee as Mediator. (af, COURT STAFF) (Filed on 8/20/2009) (Entered: 08/20/2009)

Aug. 20, 2009

Aug. 20, 2009

PACER
28

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

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Sept. 1, 2009

Sept. 1, 2009

PACER
29

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)

Sept. 1, 2009

Sept. 1, 2009

PACER
30

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)

Sept. 1, 2009

Sept. 1, 2009

PACER
31

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)

Sept. 1, 2009

Sept. 1, 2009

RECAP

Set/Reset Deadlines as to Motion Hearing set for 1/15/2010 09:00 AM. (hdj, COURT STAFF) (Filed on 9/1/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
32

NOTICE by Samsonite Company Stores, Inc., Samsonite Corporation Of Chapter 11 Bankruptcy (Deniston, Martin) (Filed on 9/3/2009) (Entered: 09/03/2009)

Sept. 3, 2009

Sept. 3, 2009

PACER
33

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)

Sept. 10, 2009

Sept. 10, 2009

PACER
34

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)

Sept. 10, 2009

Sept. 10, 2009

PACER
35

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)

Sept. 11, 2009

Sept. 11, 2009

RECAP

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).

Sept. 15, 2009

Sept. 15, 2009

PACER
36

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)

Sept. 18, 2009

Sept. 18, 2009

PACER
37

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)

Sept. 21, 2009

Sept. 21, 2009

PACER
38

ORDER APPROVING TELEPHONIC APPEARANCE AT MEDIATION (edllc1, COURT STAFF) (Filed on 10/7/2009) (Entered: 10/07/2009)

Oct. 7, 2009

Oct. 7, 2009

RECAP
39

NOTICE by Dennis Newsham, Rosalie Pearson of Consent Filing under FLSA (Schwartz, Bryan) (Filed on 10/19/2009) (Entered: 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

PACER
40

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)

Oct. 22, 2009

Oct. 22, 2009

PACER
41

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

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Nov. 10, 2009

Nov. 10, 2009

PACER
42

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)

Nov. 17, 2009

Nov. 17, 2009

PACER
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 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

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Nov. 20, 2009

Nov. 20, 2009

PACER
44

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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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Nov. 20, 2009

Nov. 20, 2009

PACER
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 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

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Nov. 20, 2009

Nov. 20, 2009

PACER
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) 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

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Nov. 20, 2009

Nov. 20, 2009

PACER
47

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)

Nov. 20, 2009

Nov. 20, 2009

PACER
48

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)

Nov. 20, 2009

Nov. 20, 2009

PACER
49

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)

Nov. 20, 2009

Nov. 20, 2009

PACER
50

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)

Nov. 20, 2009

Nov. 20, 2009

PACER

Received Document (UNDER SEAL) Exhibt D by Samsonite Company Stores, Inc., Samsonite Corporation. (hdj, COURT STAFF) (Filed on 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

PACER
54

(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)

Nov. 20, 2009

Nov. 20, 2009

PACER
51

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)

Nov. 30, 2009

Nov. 30, 2009

RECAP
52

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)

Nov. 30, 2009

Nov. 30, 2009

RECAP
53

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)

Nov. 30, 2009

Nov. 30, 2009

RECAP
55

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)

Dec. 10, 2009

Dec. 10, 2009

PACER
56

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)

Dec. 17, 2009

Dec. 17, 2009

RECAP
57

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)

Dec. 17, 2009

Dec. 17, 2009

PACER
58

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)

Dec. 17, 2009

Dec. 17, 2009

PACER
59

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)

Dec. 17, 2009

Dec. 17, 2009

PACER
60

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)

Dec. 17, 2009

Dec. 17, 2009

PACER
61

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)

Dec. 18, 2009

Dec. 18, 2009

PACER
62

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)

Dec. 18, 2009

Dec. 18, 2009

PACER
63

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)

Dec. 18, 2009

Dec. 18, 2009

RECAP
64

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)

Feb. 9, 2010

Feb. 9, 2010

PACER
65

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

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Feb. 9, 2010

Feb. 9, 2010

PACER
66

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)

Feb. 17, 2010

Feb. 17, 2010

RECAP

Set/Reset Deadlines as to Motion Hearing set for 4/9/2010 09:00 AM. (hdj, COURT STAFF) (Filed on 2/17/2010)

Feb. 17, 2010

Feb. 17, 2010

PACER
67

NOTICE of Appearance by Hillary Jo Baker (Baker, Hillary) (Filed on 4/1/2010) (Entered: 04/01/2010)

April 1, 2010

April 1, 2010

PACER
68

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

April 2, 2010

April 2, 2010

PACER
69

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)

April 2, 2010

April 2, 2010

PACER
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 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)

April 2, 2010

April 2, 2010

PACER
71

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)

April 2, 2010

April 2, 2010

PACER
72

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)

April 2, 2010

April 2, 2010

PACER
73

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)

April 2, 2010

April 2, 2010

PACER
74

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)

April 2, 2010

April 2, 2010

PACER
75

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)

April 2, 2010

April 2, 2010

PACER
76

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

April 2, 2010

April 2, 2010

PACER
77

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)

April 2, 2010

April 2, 2010

PACER
79

(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)

April 5, 2010

April 5, 2010

PACER
78

ORDER by Judge Jeffrey S. White granting 76 Motion to Seal Document (jjo, COURT STAFF) (Filed on 4/6/2010) (Entered: 04/06/2010)

April 6, 2010

April 6, 2010

PACER
80

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)

April 9, 2010

April 9, 2010

PACER
81

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)

April 9, 2010

April 9, 2010

PACER
82

NOTICE by Dennis Newsham, Rosalie Pearson of Settlement Distribution (Schwartz, Bryan) (Filed on 4/27/2010) (Entered: 04/27/2010)

April 27, 2010

April 27, 2010

PACER
83

NOTICE by Dennis Newsham, Rosalie Pearson of Second Settlement Distribution (Schwartz, Bryan) (Filed on 8/23/2010) (Entered: 08/23/2010)

Aug. 23, 2010

Aug. 23, 2010

PACER

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

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

Samsonite Company Stores, Inc., Private Entity/Person

Samsonite Corporation, Private Entity/Person

Defendant Type(s):

Retailer

Jurisdiction-wide

Case Details

Causes of Action:

State law

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $850,000

Order Duration: 2009 - 2010

Content of Injunction:

Preliminary relief granted

Issues

General:

Pattern or Practice

Record-keeping

Retaliation