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Case: Chen v. Western Digital Corporation

8:19-cv-00909 | U.S. District Court for the Central District of California

Filed Date: May 14, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 14, 2019, a female employee of Western Digital Corporation filed this class-action lawsuit in the Central District of California. The plaintiff, on behalf of herself and approximately 1,370 female employees, sued Western Digital Corporation under Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Fair Labor Standards Act, and state law. Western Digital, the defendant, is a major computer data storage company. The plaintiff, represented by private plaintiff firms, sought in…

On May 14, 2019, a female employee of Western Digital Corporation filed this class-action lawsuit in the Central District of California. The plaintiff, on behalf of herself and approximately 1,370 female employees, sued Western Digital Corporation under Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Fair Labor Standards Act, and state law. Western Digital, the defendant, is a major computer data storage company. The plaintiff, represented by private plaintiff firms, sought injunctive relief and nominal, compensatory, and punitive damages. The plaintiff claimed that the defendant engaged in discriminatory pay, promotion, and job placement policies based on gender. Specifically, she alleged that her employer paid her less than her male coworkers who performed substantially similar work, and refused to promote her despite promoting less qualified male employees.

On May 29, the plaintiff filed a motion for approval of a class settlement agreement, unopposed by the defendant. The parties reached the settlement agreement before they filed formal litigation. The settlement class contained two sub-classes: a California sub-class and a nationwide sub-class. The California sub-class included women directly employed by Western Digital in California in a senior manager level or below at any time from November 1, 2012, through the date of the order granting preliminary approval. The nationwide sub-class included women directly employed by Western Digital as regular employees in the senior manager position or below in the United States at any time from November 1, 2013, through the date of the order granting preliminary approval.

The proposed agreement contained two central components: programmatic relief aimed at eliminating gender disparities and generating equal employment opportunities and a $7.75 million settlement fund. The proposed programmatic relief focused on initiatives to remedy the alleged discriminatory practices based on gender and to foster an equitable work environment. According to the settlement, Western Digital agreed to develop initiatives to evaluate, promote, and compensate women equitably, conduct statistical analyses regarding pay and promotion, design leadership initiatives for women, and improve its policies regarding flexible work arrangements and parental leave. Further, the company agreed to keep records relevant to their compliance with this agreement and to enhance investigation procedures for managing internal complaints of gender discrimination. The proposed settlement included the appointment of a compliance monitor by Western Digital to determine their ongoing adherence to the agreement.

Out of the fund, the proposed settlement granted each class member on average $3,615 in damages. Attorneys' fees comprised 33.33 percent, or $2,583,333. Defendants agreed to dedicate any unused funds to Legal Aid at Work and Legal Aid Society of Orange County. The proposed settlement did not specify an end date.

The court granted preliminary approval of the settlement agreement on April 3, 2020, conditionally certifying the proposed classes and naming the female employee as the class representative. A month later, the court issued an order, finding that the parties had satisfied its conditions for preliminary approval. The court approved the proposed settlement agreement on January 5, 2021.

In the same order, the court considered the issue of attorneys' fees and other litigation costs. The named plaintiff requested reimbursement of:

  1. $123,499 in litigation costs incurred prosecuting this action;
  2. $97,324 to the settlement administrator, for administering the settlement; and
  3. $2,583,333 in attorneys' fees.

The plaintiff's request for $123,499 in costs was granted. Regarding the settlement administration fees, although there was a settlement agreement cap of $50,000, the court granted the actual cost of administration, which is $97,324. The court granted $2,382,510 (30.7% of the settlement fund) in attorneys' fees, finding it appropriate to address some other fees separately.
 
On January 13, 2021, the court released its final judgment, binding the parties to the settlement details above.

Summary Authors

Lily Sawyer-Kaplan (10/2/2019)

Calvin Kim (9/13/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/15557513/parties/yunghui-chen-v-western-digital-corporation/


Judge(s)

Staton [-Tucker], Josephine L. (California)

Attorneys(s) for Plaintiff

Desai, Aashish Y. (California)

Fuschetti, Danielle Anne (California)

Medina, Felicia Maria (California)

Sanford, David (New York)

Sharp, Kevin Hunter (Tennessee)

Attorneys(s) for Defendant

Chopra, Apalla U (California)

Howard, Susannah Kelly (California)

Judge(s)

Staton [-Tucker], Josephine L. (California)

Attorneys(s) for Plaintiff

Desai, Aashish Y. (California)

Fuschetti, Danielle Anne (California)

Medina, Felicia Maria (California)

Sanford, David (New York)

Sharp, Kevin Hunter (Tennessee)

Attorneys(s) for Defendant

Chopra, Apalla U (California)

Howard, Susannah Kelly (California)

Documents in the Clearinghouse

Document

8:19-cv-00909

Docket [PACER]

Aug. 30, 2019

Aug. 30, 2019

Docket
1

8:19-cv-00909

Complaint

May 14, 2019

May 14, 2019

Complaint
19

8:19-cv-00909

Plaintiff's Amended Memorandum of Points and Authorities in Support of Motion for Preliminary Approval of Settlement

May 29, 2019

May 29, 2019

Pleading / Motion / Brief
90

8:19-cv-00909

Order Granting Plaintiff's Motion for Final Approval of Class Action Settlement and Granting in Part Plaintiff's Motion for Award of Attorneys' Fees, Costs, and Service Payment

Jan. 5, 2021

Jan. 5, 2021

Order/Opinion
92

8:19-cv-00909

Final Judgment

Jan. 13, 2021

Jan. 13, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15557513/yunghui-chen-v-western-digital-corporation/

Last updated Sept. 13, 2022, 12:49 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: 0973-23739472 - Fee: $400, filed by Plaintiff Yunghui Chen. (Attorney Danielle Anne Fuschetti added to party Yunghui Chen(pty:pla))(Fuschetti, Danielle) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

Clearinghouse
2

CIVIL COVER SHEET filed by Plaintiff Yunghui Chen. (Fuschetti, Danielle) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
3

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1, Civil Cover Sheet (CV-71) 2 filed by Plaintiff Yunghui Chen. (Fuschetti, Danielle) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
4

NOTICE of Interested Parties filed by Plaintiff Yunghui Chen, identifying Western Digital Corporation, Western Digital Technologies, Inc.. (Fuschetti, Danielle) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
5

STIPULATION to Exceed Page Limitation as to Plaintiff's Memorandum of Points and Authorities in Support of Motion for Preliminary Approval of Class Settlement filed by Plaintiff Yunghui Chen. (Attachments: # 1 Proposed Order)(Fuschetti, Danielle) (Entered: 05/14/2019)

1 Proposed Order

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May 14, 2019

May 14, 2019

PACER
6

NOTICE OF MOTION AND MOTION for Settlement Approval of Class and Collective Action Settlement filed by Plaintiff Yunghui Chen. Motion set for hearing on 7/1/2019 at 01:30 PM before Judge CVRecovery Case CRStatistics Unassigned. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration) (Fuschetti, Danielle) (Entered: 05/14/2019)

1 Memorandum

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2 Declaration

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3 Declaration

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4 Declaration

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5 Declaration

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May 14, 2019

May 14, 2019

PACER
7

NOTICE of Appearance filed by attorney Apalla U Chopra on behalf of Defendants Western Digital Corporation, Western Digital Technologies, Inc. (Attorney Apalla U Chopra added to party Western Digital Corporation(pty:dft), Attorney Apalla U Chopra added to party Western Digital Technologies, Inc.(pty:dft))(Chopra, Apalla) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
8

NOTICE of Appearance filed by attorney Susannah Kelly Howard on behalf of Defendants Western Digital Corporation, Western Digital Technologies, Inc. (Attorney Susannah Kelly Howard added to party Western Digital Corporation(pty:dft), Attorney Susannah Kelly Howard added to party Western Digital Technologies, Inc.(pty:dft))(Howard, Susannah) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
9

NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Douglas F. McCormick. (et) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
10

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
11

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants Western Digital Corporation, Western Digital Technologies, Inc. (et) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
12

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David Sanford. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
13

INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
14

PROOF OF SERVICE filed by Plaintiff Yunghui Chen, re Stipulation to Exceed Page Limitation, 5, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 4, Civil Cover Sheet (CV-71) 2, NOTICE OF MOTION AND MOTION for Settlement Approval of Class and Collective Action Settlement 6, Summons Request 3 served on 5/15/2019. (Fuschetti, Danielle) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
15

*NOTE: CHANGES MADE BY THE COURT* ORDER TO EXCEED PAGE LIMITATIONS FOR PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT 5 by Judge James V. Selna. (es) (Entered: 05/16/2019)

May 15, 2019

May 15, 2019

PACER
16

PROOF OF SERVICE filed by Plaintiff Yunghui Chen, re Notice of Assignment to United States Judges(CV-18) - optional html form 9, Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form 10, Initial Order upon Filing of Complaint - form only 13 served on 5/16/2019. (Fuschetti, Danielle) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
17

APPLICATION of Non-Resident Attorney David W. Sanford to Appear Pro Hac Vice on behalf of Plaintiff Yunghui Chen (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23787453) filed by plaintiff Yunghui Chen. (Attachments: # 1 Proposed Order) (Attorney Aashish Y Desai added to party Yunghui Chen(pty:pla)) (Desai, Aashish) (Entered: 05/22/2019)

1 Proposed Order

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May 22, 2019

May 22, 2019

PACER
18

ORDER by Judge James V. Selna, GRANTING 17 Non-Resident Attorney David W. Sanford APPLICATION to Appear Pro Hac Vice on behalf of Yunghui Chen, designating Aashish Y. Desai as local counsel. (es) (Entered: 05/23/2019)

May 22, 2019

May 22, 2019

PACER
19

Amendment to NOTICE OF MOTION AND MOTION for Settlement Approval of Class and Collective Action Settlement 6 Amended Memorandum of Points and Authorities filed by Plaintiff Yunghui Chen. (Sanford, David) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

Clearinghouse
20

ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 19-03 by Judge James V. Selna. Case transferred from Judge James V. Selna to the calendar of Judge Josephine L. Staton for all further proceedings. Case number now reads as SACV19-00909 JLS( DFMx). (lwag) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
21

INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (tg) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
22

NOTICE OF ERRATA filed by Plaintiff Yunghui Chen. correcting NOTICE OF MOTION AND MOTION for Settlement Approval of Class and Collective Action Settlement 6 (Attachments: # 1 Exhibit Corrected Exhibit A to Declaration of David Sanford in Support of Unopposed Motion for Preliminary Approval of Class Settlement)(Sanford, David) (Entered: 06/05/2019)

1 Exhibit Corrected Exhibit A to Declaration of David Sanford in Support of Unoppo

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June 5, 2019

June 5, 2019

PACER
23

TEXT ONLY ENTRY (IN CHAMBERS) ORDER CONTINUING HEARING: On the Courts own motion, the hearing re Plaintiff's Unopposed Motion for Preliminary Approval of Class Settlement 6 is ordered CONTINUED from July 1, 2019 to August 16, 2019, at 10:30 a.m. before Judge Josephine L. Staton.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tg) TEXT ONLY ENTRY (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

PACER
24

WAIVER OF SERVICE Returned Executed filed by Plaintiff Yunghui Chen. upon All Defendants. Waiver of Service signed by Apalla Chopra. (Sanford, David) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

PACER

Text Only Scheduling Notice

June 7, 2019

June 7, 2019

PACER
25

Joint STIPULATION Extending Time to Answer the complaint as to Western Digital Technologies, Inc. answer now due 8/14/2019; Western Digital Corporation answer now due 8/14/2019, re Complaint (Attorney Civil Case Opening) 1 filed by defendants Western Digital Technologies, Inc.; Western Digital Corporation.(Howard, Susannah) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
26

APPLICATION of Non-Resident Attorney Kevin H. Sharp to Appear Pro Hac Vice on behalf of Plaintiff Yunghui Chen (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24213179) filed by plaintiff Yunghui Chen. (Attachments: # 1 Proposed Order) (Desai, Aashish) (Entered: 08/06/2019)

1 Proposed Order

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Aug. 6, 2019

Aug. 6, 2019

PACER
27

MINUTE IN CHAMBERS ORDER (10 Requesting Supplemental Briefing; and (2) Continuing Hearing on Motion for Preliminary Approval (Doc. 6) by Judge Josephine L. Staton: The Court ORDERS Plaintiff to file supplemental briefing, no longer than ten (10) pages in length and within twenty-one (21) days of this Order. Plaintiff is further ORDERED to file the side agreement for the Court's review. Plaintiff may do so under seal without further order of the Court. Finally, in light of the foregoing, the Court CONTINUES the hearing on Plaintiff's Motion 6 to 10/11/2019 at 10:30 AM. (jp) (Entered: 08/08/2019)

Aug. 8, 2019

Aug. 8, 2019

PACER
28

ORDER by Judge Josephine L. Staton: granting 26 Non-Resident Attorney Kevin H Sharp APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Yunghui Chen, designating Aashish Y Desai as local counsel. (jp) (Entered: 08/08/2019)

Aug. 8, 2019

Aug. 8, 2019

PACER
29

ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendants Western Digital Corporation, Western Digital Technologies, Inc..(Howard, Susannah) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
30

NOTICE of Interested Parties filed by Defendants Western Digital Corporation, Western Digital Technologies, Inc., (Howard, Susannah) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
31

SEALED DOCUMENT Chen Memorandum of Understanding re NOTICE OF MOTION AND MOTION for Settlement Approval of Class and Collective Action Settlement 6, Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Motion Hearing and R&R Deadlines,, 27 filed by Plaintiff Yunghui Chen.(Fuschetti, Danielle) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
32

APPLICATION to file document Supplemental Briefing in Support of Motion for Preliminary Approval of Class Action Settlement under seal filed by Plaintiff Yunghui Chen. (Attachments: # 1 Proposed Order, # 2 Redacted Document, # 3 Redacted Document)(Fuschetti, Danielle) (Entered: 08/29/2019)

1 Proposed Order

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2 Redacted Document

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3 Redacted Document

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Aug. 29, 2019

Aug. 29, 2019

PACER
33

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Supplemental Briefing in Support of Motion for Preliminary Approval of Class Action Settlement under seal 32 filed by Plaintiff Yunghui Chen. (Attachments: # 1 Unredacted Document, # 2 Unredacted Document)(Fuschetti, Danielle) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
34

PROOF OF SERVICE filed by Plaintiff Yunghui Chen, re Sealed Declaration in SupportDeclaration, 33, Sealed Document, 31 served on August 29, 2019. (Fuschetti, Danielle) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
35

PROOF OF SERVICE filed by Plaintiff Yunghui Chen, re Sealed Declaration in SupportDeclaration, 33, Sealed Document, 31 served on August 29, 2019. (Fuschetti, Danielle) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
36

PROOF OF SERVICE filed by Plaintiff Yunghui Chen, re Sealed Declaration in SupportDeclaration, 33, Sealed Document, 31 served on August 29, 2019. (Fuschetti, Danielle) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
37

ORDER by Judge Josephine L. Staton GRANTING PLAINTIFF'S APPLICATION to file Portions of Supplemental Briefing in Support of Motion for Preliminary Approval of Class Action Settlement under seal 32 . (jp) (Entered: 09/24/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
38

SUPPLEMENT to NOTICE OF MOTION AND MOTION for Settlement Approval of Class and Collective Action Settlement 6 filed by Plaintiff Yunghui Chen. (Attachments: # 1 Declaration of Danielle Fuschetti)(Sanford, David) (Entered: 09/26/2019)

1 Declaration of Danielle Fuschetti

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Sept. 26, 2019

Sept. 26, 2019

PACER
39

SEALED DOCUMENT Supplemental Briefing in Support of Motion for Preliminary Approval of Class Action Settlement re NOTICE OF MOTION AND MOTION for Settlement Approval of Class and Collective Action Settlement 6, Order on Motion for Leave to File Document Under Seal 37 filed by Plaintiff Yunghui Chen. (Attachments: # 1 Declaration of Danielle Fuschetti)(Sanford, David) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
40

PROOF OF SERVICE filed by Plaintiff Yunghui Chen, re Sealed Document, 39 served on September 26, 2019. (Sanford, David) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
41

MINUTE (IN CHAMBERS) ORDER (1) REQUESTING SUPPLEMENTAL BRIEFING; AND (2) CONTINUING HEARING ON MOTION FOR PRELIMINARY APPROVAL (Doc. 6 ) by Judge Josephine L. Staton: The Court ORDERS Plaintiff to file supplemental briefing, no longer than ten (10) pages and within twenty-one (21) days of this Order, that addresses: (1) the method by which Plaintiff arrived at Defendants' maximum potential liability; and (2) the nature of Plaintiff's individual claims as distinguished from her class claims. In light of the foregoing, the Court CONTINUES the hearing on Plaintiff's Motion to 12/6/2019 at 10:30 AM before Judge Josephine L. Staton. (jp) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
42

SEALED - (IN CHAMBERS) ORDER (1) REQUESTING SUPPLEMENTAL BRIEFING; AND (2) CONTINUING HEARING ON MOTION FOR PRELIMINARY APPROVAL (Doc. 6) UNDER SEAL. Re: Redacted - Minutes In Chambers Order 41 . (jp) (Entered: 10/16/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
43

Plaintiff's Second Supplemental Brief in Support of Motion for Preliminary Approval of Class Action Settlement re NOTICE OF MOTION AND MOTION for Settlement Approval of Class and Collective Action Settlement 6 filed by Plaintiff Yunghui Chen. Motion set for hearing on 12/6/2019 at 10:30 AM before Judge Josephine L. Staton. (Attachments: # 1 Declaration of Danielle Fuschetti, # 2 Declaration of Dwight Steward, # 3 Exhibit Exhibit 1 to Declaration of Dwight Steward, # 4 Exhibit Exhibit 2 to Declaration of Dwight Steward, # 5 Exhibit Exhibit 3 to Declaration of Dwight Steward, # 6 Exhibit Exhibit 4 to Declaration of Dwight Steward, # 7 Declaration of Felicia Medina, # 8 Declaration of Yunghui Chen) (Sanford, David) Modified on 10/31/2019 (tg). (Entered: 10/30/2019)

1 Declaration of Danielle Fuschetti

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2 Declaration of Dwight Steward

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3 Exhibit Exhibit 1 to Declaration of Dwight Steward

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4 Exhibit Exhibit 2 to Declaration of Dwight Steward

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5 Exhibit Exhibit 3 to Declaration of Dwight Steward

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6 Exhibit Exhibit 4 to Declaration of Dwight Steward

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7 Declaration of Felicia Medina

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8 Declaration of Yunghui Chen

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Oct. 30, 2019

Oct. 30, 2019

PACER
44

APPLICATION to file document Second Supplemental Briefing and Declarations in Support of Motion for Preliminary Approval of Class Action Settlement under seal filed by Plaintiff Yunghui Chen. (Attachments: # 1 Proposed Order, # 2 Redacted Document, # 3 Redacted Document, # 4 Redacted Document)(Fuschetti, Danielle) (Entered: 10/30/2019)

1 Proposed Order

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2 Redacted Document

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3 Redacted Document

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4 Redacted Document

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Oct. 30, 2019

Oct. 30, 2019

PACER
45

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Second Supplemental Briefing and Declarations in Support of Motion for Preliminary Approval of Class Action Settlement under seal 44 filed by Plaintiff Yunghui Chen. (Attachments: # 1 Unredacted Document Exhibit A, # 2 Unredacted Document Exhibit B, # 3 Unredacted Document Exhibit C, # 4 Unredacted Document Exhibit D - Part 1 of 4, # 5 Unredacted Document Exhibit D - Part 2 of 4, # 6 Unredacted Document Exhibit D - Part 3 of 4, # 7 Unredacted Document Exhibit D - Part 4 of 4)(Fuschetti, Danielle) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER
46

PROOF OF SERVICE filed by Plaintiff Yunghui Chen, re Sealed Declaration in SupportDeclaration,, 45 served on October 30, 2019. (Fuschetti, Danielle) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER
47

PROOF OF SERVICE filed by Plaintiff Yunghui Chen, re Sealed Declaration in SupportDeclaration,, 45 served on October 31, 2019. (Fuschetti, Danielle) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
48

Joint STIPULATION for Leave to Serve Chambers Copies in Electronic Format filed by Plaintiff Yunghui Chen. (Attachments: # 1 Proposed Order)(Fuschetti, Danielle) (Entered: 11/06/2019)

1 Proposed Order

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Nov. 6, 2019

Nov. 6, 2019

PACER
49

ORDER GRANTING Joint Stipulation to Serve Chambers Copies in Electronic Format 48 by Judge Josephine L. Staton that Plaintiff may serve chambers copies of Exhibit D to the Declaration Fuschetti in Support of Plaintiff's Application to File Portions of Second Supplemental Briefing in Support of Motion for Preliminary Approval of Class Settlement Under Seal as PDF files on a USB flash drive. (jp) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
50

ORDER GRANTING Plaintiff's Application to File Portions of Second Supplemental Brief in support of Motion for Preliminary Approval of Class Action Settlement Under Seal 44 by Judge Josephine L. Staton. (SEE DOCUMENT FOR FURTHER INFORMATION). (jp) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
51

SEALED DOCUMENT Plaintiff's Second Supplemental Brief in Support of Motion for Preliminary Approval of Class Action Settlement re NOTICE OF MOTION AND MOTION for Settlement Approval of Class and Collective Action Settlement 6, Order on Motion for Leave to File Document Under Seal, 50 filed by Plaintiff Yunghui Chen. (Attachments: # 1 Declaration of Dwight Steward, # 2 Declaration of Yunghui Chen, # 3 Exhibit 3 to Declaration of Dwight Steward (Part 1 of 4), # 4 Exhibit 3 to Declaration of Dwight Steward (Part 2 of 4), # 5 Exhibit 3 to Declaration of Dwight Steward (Part 3 of 4), # 6 Exhibit 3 to Declaration of Dwight Steward (Part 4 of 4))(Sanford, David) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
52

PROOF OF SERVICE filed by Plaintiff Yunghui Chen, re Sealed Document,, 51 served on 11/13/2019. (Fuschetti, Danielle) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
53

NOTICE OF LODGING filed re Sealed Document,, 51, Sealed Declaration in SupportDeclaration,, 45 (Fuschetti, Danielle) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
54

NOTICE of Appearance filed by attorney Russell Lasser Kornblith on behalf of Plaintiff Yunghui Chen (Attorney Russell Lasser Kornblith added to party Yunghui Chen(pty:pla))(Kornblith, Russell) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

PACER
55

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance 54 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

PACER
56

APPLICATION of Non-Resident Attorney Andrew C. Melzer to Appear Pro Hac Vice on behalf of Plaintiff Yunghui Chen (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24890573) filed by plaintiff Yunghui Chen. (Attachments: # 1 Proposed Order) (Desai, Aashish) (Entered: 12/04/2019)

1 Proposed Order

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Dec. 4, 2019

Dec. 4, 2019

PACER
57

ORDER by Judge Josephine L. Staton: granting 56 Non-Resident Attorney Andrew C Melzer APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Yunghui Chen, designating Aashish Y Desai as local counsel. (jp) (Entered: 12/06/2019)

Dec. 5, 2019

Dec. 5, 2019

PACER
58

MINUTES OF Plaintiff's Unopposed Motion for Preliminary Approval of Class ActionSettlement 6 before Judge Josephine L. Staton: Matter called. The Court and counsel confer. The Court takes the matter under submission. Order to issue. Court Reporter: Deborah Parker. (jp) (Entered: 12/09/2019)

Dec. 6, 2019

Dec. 6, 2019

PACER
59

REQUEST for Hearing Telephonic Status Conference, re NOTICE OF MOTION AND MOTION for Settlement Approval of Class and Collective Action Settlement 6, filed by Plaintiff Yunghui Chen. (Attachments: # 1 Proposed Order) (Kornblith, Russell) (Entered: 02/21/2020)

1 Proposed Order

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Feb. 21, 2020

Feb. 21, 2020

PACER
60

DENIED BY ORDER OF THE COURT by Judge Josephine L. Staton re 59 REQUEST for a Telephonic Status Conference. **The parties do not state the basis for their request. Moreover, absent extraordinary circumstances, the Court does not hold telephonic status conferences.** (jp) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
61

ORDER (1) CONDITIONALLY GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (Doc. 6 ); AND (2) SETTING A FINAL FAIRNESS HEARING by Judge Josephine L. Staton. The Court sets a Final Fairness Hearing for November 20, 2020, at 10:30 a.m., to determine whether the settlement should be finally approved as fair, reasonable, and adequate to Class Members. Chen shall file her motion for final approval no later than October 9, 2020. Class Counsel and Chen shall file their motion for fees, costs, and service payment no later than thirty (30) days before the exclusion deadline. See order for further information. (lom) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
62

NOTICE OF MOTION AND MOTION for Extension of Time to File Revised Amended Settlement Agreement and Class Notice (UNOPPOSED) filed by Defendants Western Digital Corporation, Western Digital Technologies, Inc.. (Attachments: # 1 Proposed Order Granting Unopposed Motion for Extension of Time to Submit Revised Amended Settlement Agreement and Class Notice) (Howard, Susannah) (Entered: 04/17/2020)

1 Proposed Order Granting Unopposed Motion for Extension of Time to Submit Revised

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April 17, 2020

April 17, 2020

PACER
63

DECLARATION of Susannah K. Howard re Order on Motion for Settlement,, 61 filed by Defendants Western Digital Corporation, Western Digital Technologies, Inc.. (Howard, Susannah) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
64

DECLARATION of Chris Pikus for Rust Consulting, Inc. filed by Plaintiff Yunghui Chen. (Fuschetti, Danielle) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
65

ORDER EXTENDING TIME TO SUBMIT REVISED AMENDED SETTLEMENT AGREEMENT AND CLASS NOTICE 62 by Judge Josephine L. Staton The Court hereby GRANTS Defendants' Unopposed Motion for Extension of Time. The parties have until 4/27/2020 to submit a revised Class Notice and amended Settlement Agreement. (jp) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
66

DECLARATION of Susannah K. Howard re: Cy Pres Recipient Community Legal and Socal 61 filed by Defendants Western Digital Corporation, Western Digital Technologies, Inc.. (Howard, Susannah) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
67

DECLARATION of Danielle Fuschetti re Order on Motion for Settlement,, 61 in Support of Revised Class Notice and Amended Settlement Agreement filed by Plaintiff Yunghui Chen. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Fuschetti, Danielle) (Entered: 04/27/2020)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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April 27, 2020

April 27, 2020

PACER
68

MINUTE (IN CHAMBERS) ORDER REQUESTING ADDITIONAL INFORMATION by Judge Josephine L. Staton: Within five (5) days of the date of this Order, the parties are ORDERED to either point the Court to where in the parties supplemental filings the Court may find the basis for the 25/75 allocation or, if previous filings do not address this question, provide a brief explanation (no more than 1 or 2 pages) of the allocation. (jp) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
69

RESPONSE filed by Plaintiff Yunghui Chento Minutes of In Chambers Order/Directive - no proceeding held, 68 (Sanford, David) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
70

MINUTE (IN CHAMBERS) ORDER APPROVING Court-Requested Changes to Settlement Agreement and Class Notice by Judge Josephine L. Staton: The parties have met the conditions the Court set forth in its Order on Plaintiff's Motion for Preliminary Approval of Class Action Settlement. The Class Notice may be disseminated once the parties make the correction the Court requires above. (SEE DOCUMENT FOR FURTHER INFORMATION). (jp) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
71

Joint STIPULATION to Minutes of In Chambers Order/Directive - no proceeding held, 70 filed by Defendant Western Digital Corporation, Western Digital Technologies, Inc..(Howard, Susannah) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
72

NOTICE OF LODGING filed re Stipulation to Amend/Correct 71 (Attachments: # 1 Proposed Order)(Howard, Susannah) (Entered: 06/18/2020)

1 Proposed Order

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June 18, 2020

June 18, 2020

PACER
73

ORDER GRANTING Stipulation Re: Addendum to Amended Class Settlement Agreement 71 by Judge Josephine L. Staton. Pursuant to the Addendum, the deadline for mailing the Class Notice shall be 7/20/2020. (See document for further information). (jp) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
74

Joint STIPULATION for Order Re: Revised Deadline to Mail Class Notice filed by Defendant Western Digital Corporation, Western Digital Technologies, Inc.. (Attachments: # 1 Proposed Order)(Howard, Susannah) (Entered: 07/14/2020)

1 Proposed Order

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July 14, 2020

July 14, 2020

PACER
75

ORDER GRANTING Stipulation Re: Revised Deadline to Mail Class Notice 74 by Judge Josephine L. Staton that the deadline for mailing the Class Notice shall be 7/27/2020. (jp) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
76

Second STIPULATION for Order Re: Revised Deadline to Mail Class Notice filed by Defendants Western Digital Corporation, Western Digital Technologies, Inc.. (Attachments: # 1 Proposed Order)(Howard, Susannah) (Entered: 07/24/2020)

1 Proposed Order

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July 24, 2020

July 24, 2020

PACER
77

ORDER GRANTING Second Stipulation Re: Revised Deadline to Mail Class Notice 76 by Judge Josephine L. Staton that the deadline for mailing the Class Notice shall be 8/3/2020. (jp) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
78

First STIPULATION to Exceed Page Limitation as to Memorandum of Points and Authorities in Support of Plaintiff's Motion for Attorneys' Fees, Reimbursement of Expenses, and Service Award filed by plaintiff Yunghui Chen. (Attachments: # 1 Proposed Order Proposed Order Granting Plaintiff's Stipulation to Exceed Page Limitations)(Sanford, David) (Entered: 08/26/2020)

1 Proposed Order Proposed Order Granting Plaintiff's Stipulation to Exceed Pa

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Aug. 26, 2020

Aug. 26, 2020

PACER
79

First NOTICE OF MOTION AND MOTION for Attorney Fees Reimbursement of Expenses, and Service Award filed by Plaintiff Yunghui Chen. Motion set for hearing on 11/20/2020 at 10:30 AM before Judge Josephine L. Staton. (Attachments: # 1 Declaration Declaration of D. Sanford ISO the Motion for Fees, # 2 Declaration Declaration of F. Medina ISO the Motion for Fees, # 3 Declaration Declaration of C. Pikus ISO Motion for Fees, # 4 Memorandum Memorandum of Points and Authorities ISO Motion for Fees, # 5 Proposed Order Proposed Order Granting Plaintiff's Motion for Fees) (Sanford, David) (Entered: 08/28/2020)

1 Declaration Declaration of D. Sanford ISO the Motion for Fees

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2 Declaration Declaration of F. Medina ISO the Motion for Fees

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3 Declaration Declaration of C. Pikus ISO Motion for Fees

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4 Memorandum Memorandum of Points and Authorities ISO Motion for Fees

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5 Proposed Order Proposed Order Granting Plaintiff's Motion for Fees

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Aug. 28, 2020

Aug. 28, 2020

PACER
80

First APPLICATION to file document Exhibit 2 and Exhibit 4 to the Declaration of David Sanford ISO the Application to File under seal filed by Plaintiff Yunghui Chen. Application set for hearing on 11/20/2020 at 10:30 AM before Judge Josephine L. Staton. (Attachments: # 1 Redacted Document Exhibit 1 to the Declaration of D. Sanford ISO Application to file under seal, # 2 Redacted Document Exhibit 3 to the Declaration of D. Sanford, # 3 Proposed Order Proposed Order Granting Plaintiff's Application to File Under Seal)(Sanford, David) (Entered: 08/28/2020)

1 Redacted Document Exhibit 1 to the Declaration of D. Sanford ISO Application to

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2 Redacted Document Exhibit 3 to the Declaration of D. Sanford

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3 Proposed Order Proposed Order Granting Plaintiff's Application to File Unde

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Aug. 28, 2020

Aug. 28, 2020

PACER
81

SEALED DECLARATION IN SUPPORT OF First APPLICATION to file document Exhibit 2 and Exhibit 4 to the Declaration of David Sanford ISO the Application to File under seal 80 filed by Plaintiff Yunghui Chen. (Attachments: # 1 Unredacted Document Exhibit 2 to the Declaration of D. Sanford ISO Application to Seal, # 2 Unredacted Document Exhibit 4 to the Declaration of D. Sanford ISO Application to Seal)(Sanford, David) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
82

NOTICE OF LODGING filed re Sealed Declaration in SupportDeclaration, 81 (Attachments: # 1 Proof of Service)(Sanford, David) (Entered: 08/28/2020)

1 Proof of Service

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Aug. 28, 2020

Aug. 28, 2020

PACER
83

ORDER GRANTING in Part Plaintiff's Stipulation to Exceed Page Limitations for Plaintiff's Memorandum of Points and Authorities in support of Plaintiff's Motion for Fees, Costs, and Service Award 78 by Judge Josephine L. Staton that Plaintiff may file a memorandum of points and authorities not to exceed thirty-one (31) pages in length in support of Plaintiff's Motion for Attorneys' Fees, Reimbursement of Expenses, and Service Award. However, Plaintiff's Reply should be no more than 20 pages in length. (jp) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
84

ORDER GRANTING PLAINTIFF'S UNOPPOSED APPLICATION TO FILE UNDER SEAL CONFIDENTIAL INFORMATION IN THE DECLARATIONS OF DAVID SANFORD AND FELICIA MEDINA 80 by Judge Josephine L. Staton. Having reviewed and considered the papers, the Application is hereby GRANTED. (lom) Modified on 9/14/2020 (lom). (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
85

SEALED DOCUMENT Exhibit H to the Declaration of David Sanford re First NOTICE OF MOTION AND MOTION for Attorney Fees Reimbursement of Expenses, and Service Award 79, Order on Motion for Leave to File Document Under Seal, 84 filed by Plaintiff Yunghui Chen.(Sanford, David) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
86

SEALED DOCUMENT Exhibit A to the Declaration of Felicia Medina re First NOTICE OF MOTION AND MOTION for Attorney Fees Reimbursement of Expenses, and Service Award 79, Order on Motion for Leave to File Document Under Seal, 84 filed by Plaintiff Yunghui Chen.(Sanford, David) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
87

First NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement filed by Plaintiff Yunghui Chen. Motion set for hearing on 11/20/2020 at 10:30 AM before Judge Josephine L. Staton. (Attachments: # 1 Memorandum ISO Motion for Final Approval, # 2 Declaration of D. Sanford ISO Motion for Final Approval, # 3 Declaration of C. Pikus, # 4 Declaration of S. Langley ISO Settlement) (Sanford, David) (Entered: 10/09/2020)

1 Memorandum ISO Motion for Final Approval

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2 Declaration of D. Sanford ISO Motion for Final Approval

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3 Declaration of C. Pikus

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4 Declaration of S. Langley ISO Settlement

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Oct. 9, 2020

Oct. 9, 2020

PACER
88

NOTICE of Additional Request for Exclusion filed by Plaintiff Yunghui Chen. (Sanford, David) (Entered: 11/19/2020)

Nov. 19, 2020

Nov. 19, 2020

PACER
89

MINUTES OF Hearing on Final Fairness Hearing, Plaintiff's Motion for Attorneys' Fees, Reimbursement of Expenses, and Service Award 79, and Plaintiff's Motion for Settlement Approval of Final Approval of Class Action Settlement 87 held before Judge Josephine L. Staton: Hearings held on Zoom. The Court and counsel discuss matters as stated on the record. The Court takes the Motion under submission. Order to issue. Court Reporter: Deborah Parker. Attorneys for Plaintiff: Russell Kornblith; Attorneys for Defendant: Susannah Howard. Courtroom Deputy: Melissa Kunig; Time in Court: 0:05. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (mku) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER

Motion Hearing

Nov. 20, 2020

Nov. 20, 2020

PACER
90

ORDER (1) GRANTING PLAINTIFF'S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT (DOC. 87 ) AND (2) GRANTING IN PART PLAINTIFF'S MOTION FOR AWARD OF ATTORNEYS' FEES, COSTS, AND SERVICE PAYMENT (DOC. 79 ) by Judge Josephine L. Staton. Accordingly, the Court GRANTS the Motion for Final Approval of Class Action Settlement. The Court also GRANTS IN PART the Motion for Award of Attorneys' Fees, Costs, and Service Payment. The Court awards $97,324.00 in administration costs to Rust Consulting. The Court also awards Class Counsel $2,382,510 in attorneys' fees, which amounts to 30.7% of the Settlement Fund, and $123,499 in litigation costs. Finally, the Court also awards a service payment of $18,000.00 to Chen. Distribution of settlement payments to Class Members shall be made in accordance with the method outlined in the Settlement Agreement. Class Counsel is ORDERED to file a proposed final judgment within five (5) days of entry of this Order. It is so ORDERED. (lom) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

Clearinghouse
91

NOTICE OF LODGING filed [Proposed] Judgment re Order on Motion for Attorney Fees,,,,, Order on Motion for Settlement,,,, 90 (Sanford, David) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
92

FINAL JUDGMENT by Judge Josephine L. Staton. Ordered by this Court: (A) Defendant will pay the Class Settlement Amount of $7,750,000 in the manner set forth in the Settlement Agreement; (B) Defendant will implement the programmatic relief described in section 3 of the Agreement. (C) Class Counsel will receive attorneys fees of $2,382,510 and costs of $123,499 from the Settlement Fund; (D) Settlement administration costs of $97,324 will be deducted from the Settlement Fund and paid to the Settlement Administrator, Rust Consulting, Inc. (E) $75,000 will be deducted from the Settlement Fund and paid to the California Labor and Workforce Development Agency as the Agency's portion of PAGA penalties; (F) Plaintiff will receive a service award of $18,000 from the Settlement Fund forher contribution to the litigation and her services to the Class; (G) The remainder of the Class Settlement Amount will be distributed to the Plaintiff and Settlement Class Members according to the plan of allocation in the Settlement; (H) The Court confirms its approval of the cy pres distribution provided for in the Settlement to Community Legal Aid SoCal and Legal Aid at Work. (I) The Plaintiff and Settlement Class Members who did not exclude themselves are bound by the terms of the Agreement, including all releases therein, and their claims are dismissed with prejudice. (MD JS-6, Case Terminated). (See document for further information). (jp) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

Clearinghouse

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 14, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The class includes female employees of Western Digital employed in California from November 1, 2012 through the date of the proposed settlement order and female employees of Western Digital employed nationwide from November 1, 2013 through the date of the proposed settlement order. Both Sub-Classes include all female employees at the senior manager level and below.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Western Digital Corporation , Private Entity/Person

Case Details

Causes of Action:

State law

Equal Pay Act, 29 U.S.C. § 206(d)

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 7,750,000

Content of Injunction:

Promotion

Develop anti-discrimination policy

Other requirements regarding hiring, promotion, retention

Reporting

Monitoring

Training

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Discrimination-area:

Accommodation / Leave

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

Pay / Benefits

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female