On May 10, 2021, Barbara Kulik, James Eskridge, and Mary Dunning Garofalo (collectively, “Plaintiffs”), represented by Trenton R. Kashima, Jason J. Thompson, and Kevin J. Stoops of Sommers Schwartz, P.C., filed a labor lawsuit against NMCI Medical Clinic, Inc. (“Defendant”), seeking declaratory and injunctive relief with damages for an alleged unlawful compensation policy in violation of California Labor Law and the Fair Labor Standards Act (“FLSA”). This case was filed in the U.S. District Court for the Northern District of California, with Judges Susan van Keulen and Beth Labson Freeman presiding.
In the complaint, the plaintiffs alleged, “Plaintiffs and the putative FLSA collective and Rule 23 Class Members they seek to represent regularly worked beyond 40 hours in a workweek and eight hours in a workday but were not paid (either regular or overtime wages) for all hours worked (including overtime).”
The plaintiffs then alleged that “Defendant was aware of its obligation to pay overtime premiums to Plaintiffs for work performed beyond 40 hours in a workweek and eight hours in a workday. Nevertheless, Defendant failed and refused to pay overtime premiums to Plaintiffs and other employees for all overtime hours worked. Defendant’s conduct in that regard amounts to a willful violation of the overtime provisions of the FLSA and Labor Code.”
Plaintiffs further alleged, “Defendant’s company-wide employment policy did not provide set periods for meals and rest for their employees. Plaintiffs and Class Members were often not provided meal and rest period, or were provided late or shortened meal periods. Alternatively, Plaintiffs and Class Members required to work during the meal periods. Plaintiffs and Class Members did not waive their meal periods.”
The plaintiffs then alleged, “Plaintiffs and Class Members incurred necessary expenditures in the performance of their job duties for Defendant, namely, the use of their personal cellular phones and internet for business-related purposes. From four years prior to the filing of this lawsuit and continuing to the present, Defendant consistently failed to reimburse Class Members for these necessarily incurred business expenses.”
The plaintiffs also alleged, “From at least four years prior to the filing of this lawsuit, and continuing to the present, Defendant has consistently failed to furnish Plaintiffs and Class Members with accurate itemized wage statements in writing showing, among other things, hours worked and all applicable hourly rates in effect during the pay period and the corresponding amount of time worked at each hourly rate. As a result, Defendant systematically violated Labor Code § 226.”
Plaintiffs presented eight claims for relief, including claims for alleged violation of the FLSA for failure to pay overtime wages; violation of Labor Code and IWC Wage Order 4 for failure to reimburse business expenses and failure to pay minimum and regular wages for all hours worked; violation of California Labor Code and IWC Wage Order 4 for failure to pay overtime, failure to provide meal/rest breaks, failure to provide accurate wage statements, and waiting time penalties; and violation of California Business and Professions Code.
In the prayer for relief, the plaintiffs requested a judgment declaring that the defendant willfully violated the FLSA and its attendant regulations and an injunction prohibiting the defendant from engaging in the unfair business practices complained of herein. The plaintiffs also requested an award of actual damages with pre-judgment interest, statutory and civil penalties, disgorgement and restitution, and a judgment awarding the number of unpaid overtime wages calculated at the rate of one and one-half of the plaintiffs’ regular rate multiplied by all overtime hours that the plaintiffs worked in excess of eight hours per day and/or forty hours per week for the past four years.
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5:21-CV-03495
05/10/2021
Disposed - Other Disposed
Labor - Labor Standard
Beth Labson Freeman
Susan van Keulen
James Eskridge
Barbara Kulik
Mary Dunning Garofalo
NMCI Medical Clinic Inc
Kevin J. Stoops
Attorney at Sommers Schwartz, P.C.
One Towne Square, Suite 1700
Southfield, MI 48076
Jason J. Thompson
Attorney at Sommers Schwartz, P.C.
2000 Town Center, Suite 900
Southfield, MI 48075
William R.H. Mosher
Attorney at Fisher and Phillips LLP
621 Capitol Mall, Suite 1400
Sacramento, CA 95814
Christine D Baran
Attorney at Fisher & Phillips, LLP
2050 Main Street, Suite 1000
Irvine, CA 92614
(#65) JUDGMENT. Signed by Judge Beth Labson Freeman on 3/13/2023. (blflc2, COURT STAFF) (Filed on 3/13/2023) (Entered: 03/13/2023)
Exhibit C-Declaration of Administrator
Exhibit B-KJS Declaration
Exhibit A-Settlement Agreement
Exhibit G- Proposed Order
Exhibit F- Gomez Declaration
Exhibit D- Eskridge Declaration
Exhibit B- Stoops Declaration
Exhibit A- December 9, 2022 Settlement Administrator Report
Civil Cover Sheet
Civil Cover Sheet
Docket(#65) JUDGMENT. Signed by Judge Beth Labson Freeman on 3/13/2023. (blflc2, COURT STAFF) (Filed on 3/13/2023) (Entered: 03/13/2023)
[-] Read LessDocket(#64) ORDER GRANTING IN PART #59 MOTION FOR FINAL APPROVAL OF CLASS/COLLECTIVE ACTION SETTLEMENT AND #56 MOTION FOR ATTORNEYS' FEES, LITIGATION EXPENSES, AND CLASS REPRESENTATIVE INCENTIVE AWARDS. Signed by Judge Beth Labson Freeman on 3/13/2023. (blflc2, COURT STAFF) (Filed on 3/13/2023) (Entered: 03/13/2023)
[-] Read LessDocket(#63) Proposed Order Re: JUDGMENT by James Eskridge, Mary Dunning Garofalo, Barbara Kulik. (Stoops, Kevin) (Filed on 3/8/2023) (Entered: 03/08/2023)
[-] Read LessDocket(#62) Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 3/1/2023 re #59 MOTION for Settlement Notice of Unopposed Motion and Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Final Approval of Class/Collective Action Settlement filed by Mary Dunning Garofalo, James Eskridge, Barbara Kulik, #56 MOTION for Attorney Fees Unopposed Motion and Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Attorneys' Fees, Litigation Expenses, and Class Representative Incentive Awards filed by Mary Dunning Garofalo, James Eskridge, Barbara Kulik. Total Time in Court: 32 Minutes. Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Kevin Stoops. Defendant Attorney: William Mosher. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 3/1/2023) (Entered: 03/01/2023)
[-] Read LessDocket(#61) REPLY (re #56 MOTION for Attorney Fees Unopposed Motion and Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Attorneys' Fees, Litigation Expenses, and Class Representative Incentive Awards ) filed byJames Eskridge, Mary Dunning Garofalo, Barbara Kulik. (Attachments: #1 Exhibit A-KJS Supplemental Declaration)(Stoops, Kevin) (Filed on 2/28/2023) (Entered: 02/28/2023)
[-] Read LessDocket(#60) CLERK'S NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING and NOTICE OF REQUIRED REGISTRATION. Motion Hearing set for 3/01/2023 09:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than 2/28/2023, at 12:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/ (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 2/23/2023) (Entered: 02/23/2023)
[-] Read LessDocket(#59) MOTION for Settlement Notice of Unopposed Motion and Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Final Approval of Class/Collective Action Settlement filed by James Eskridge, Mary Dunning Garofalo, Barbara Kulik. Motion Hearing set for 3/1/2023 09:00 AM in San Jose, - Videoconference Only before Judge Beth Labson Freeman. Responses due by 3/2/2023. Replies due by 3/9/2023. (Attachments: #1 Supplement Brief in Support Of Unopposed motion, #2 Exhibit A-Settlement Agreement, #3 Exhibit B-KJS Declaration, #4 Exhibit C-Declaration of Administrator, #5 Proposed Order)(Stoops, Kevin) (Filed on 2/16/2023) (Entered: 02/16/2023)
[-] Read LessDocket(#58) CLERK'S NOTICE RESETTING MOTION HEARING.Motion Hearing as to #56 MOTION for Attorney Fees Unopposed Motion and Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Attorneys' Fees, Litigation Expenses, and Class Representative Incentive Awards reset for 3/1/2023 09:00 AM in San Jose, Courtroom 1, 5th Floor before Judge Beth Labson Freeman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 1/30/2023) (Entered: 01/30/2023)
[-] Read LessDocket(#57) ORDER RESETTING MARCH 2, 2023 HEARING TO MARCH 1, 2023. Signed by Judge Beth Labson Freeman on 1/30/2023. (blflc2, COURT STAFF) (Filed on 1/30/2023) (Entered: 01/30/2023)
[-] Read LessDocket(#56) Notice of Unopposed Motion and Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Attorneys' Fees, Litigation Expenses, and Class Representative Incentive Awards filed by James Eskridge, Mary Dunning Garofalo, Barbara Kulik. Motion Hearing set for 3/2/2023 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 12/30/2022. Replies due by 1/6/2023. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Attorneys' Fees, #2 Exhibit A- December 9, 2022 Settlement Administrator Report, #3 Exhibit B- Stoops Declaration, #4 Exhibit C- Kulik Declaration, #5 Exhibit D- Eskridge Declaration, #6 Exhibit E- Garofalo Declaration, #7 Exhibit F- Gomez Declaration, #8 Exhibit G- Proposed Order)(Stoops, Kevin) (Filed on 12/16/2022) (Entered: 12/16/2022)
[-] Read LessDocket(#9) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman n for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan van Keulen remains as referral judge assigned to case. Reassignment Order signed by Clerk on 5/24/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 5/24/2021) (Entered: 05/24/2021)
[-] Read LessDocket(#8) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jhfS, COURT STAFF) (Filed on 5/24/2021) (Entered: 05/24/2021)
[-] Read LessDocket(#7) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by James Eskridge, Mary Dunning Garofalo, Barbara Kulik.. (Kashima, Trenton) (Filed on 5/24/2021) (Entered: 05/24/2021)
[-] Read LessDocket(#6) Summons Issued as to NMCI Medical Clinic Inc. (cv, COURT STAFF) (Filed on 5/14/2021) (Entered: 05/14/2021)
[-] Read LessDocket(#5) Proposed Summons. (Kashima, Trenton) (Filed on 5/14/2021) (Entered: 05/14/2021)
[-] Read LessDocket(#4) Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 8/3/2021 . Initial Case Management Conference set for 8/10/2021 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cvS, COURT STAFF) (Filed on 5/11/2021) (Entered: 05/11/2021)
[-] Read LessDocket(#3) Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/24/2021. (asS, COURT STAFF) (Filed on 5/10/2021) (Entered: 05/10/2021)
[-] Read LessDocket(#2) COMPLAINT Classand Collective Action Complaint for Violation of the FLSA and State Law against All Defendants. Filed byBarbara Kulik, Mary Dunning Garofalo, James Eskridge. (Attachments: #1 Civil Cover Sheet)(Kashima, Trenton) (Filed on 5/10/2021) (Entered: 05/10/2021)
[-] Read LessDocket#Electronic filing error. Please re-file in its entirety.3:21-cv-03467, Please exclude the case number on the complaint. Re: #1 Complaint, filed by Mary Dunning Garofalo, James Eskridge, Barbara Kulik (asS, COURT STAFF) (Filed on 5/10/2021) (Entered: 05/10/2021)
[-] Read LessDocket(#1) *** POSTED IN ERROR *** please ignore COMPLAINT ( Filing fee $ 402, receipt number 0971-15948064.). Filed by Barbara Kulik, Mary Dunning Garofalo, James Eskridge. (Attachments: #1 Civil Cover Sheet)(Kashima, Trenton) (Filed on 5/10/2021) Modified on 5/14/2021 (cv, COURT STAFF). (Entered: 05/10/2021)
[-] Read Less