Pablo Martinez v. Ronpak, Inc.
Settlement Administrator
RIC1901307

Frequently Asked Questions

 
 

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  • A proposed settlement has been reached in a class action lawsuit that was brought on behalf of a class of people defined as “all persons who are employed or have been employed as an hourly employee by RONPAK, INC., in the State of California since February 5, 2015 to April 30, 2020.”

    You have received the notice because RONPAK, INC.’s records indicate that you are a member of this class.

  • On February 5, 2019, Plaintiff filed a complaint on behalf of himself, the State of California, and all hourly employees employed by RONPAK, INC., in the State of California.

    Plaintiff alleged, specifically, that RONPAK, INC., failed to provide meal periods and rest periods, failed to issue accurate itemized wage statements, failed to pay all wages at the time of separation, and engaged in unlawful business practices. Additionally, Plaintiff alleged that these claims give rise to claims for penalties that are owed to the State and the employees pursuant to the California Labor Code Private Attorneys General Act of 2004 (“PAGA”).

    RONPAK, INC. denies Plaintiff’s claims, and asserts that it has complied with all of its legal obligations to its employees.

  • No. The Court has made no decision regarding the merits of Plaintiff’s allegations or Defendant’s defenses.

  • The Parties reached a settlement in order to avoid the risk and expense of further litigation. Plaintiff and his attorneys believe the proposed settlement is fair, adequate and in the best interest of the class members to whom it applies given the outcome of their investigation, the consumption of time and resources required in connection with further litigation, and the uncertainty in the law governing some of the claims presented. Although RONPAK, INC. disputes Plaintiff’s claims and asserts it has complied with all of its legal obligations towards its employees, RONPAK, INC. has also concluded that further litigation would be protracted and expensive and would also divert resources and management and employee time.

  • The gross settlement amount is $800,000.00. Under the proposed settlement, the following amounts will be deducted before any payments are made to employees, subject to final approval by the Court:

    • Litigation Enhancement to Named Plaintiff - $6,000.00
    • Attorneys’ fees– $266,666.66
    • Attorneys’ Costs – $12,000.00
    • Payments to the Labor & Workforce Development Agency to satisfy PAGA – $15,000
    • Settlement Administration Expenses – $15,000.00


    After these deductions, approximately $485,333.34 will be available for payments to be made to the Class Members receiving this notice. The average recovery for each participating class members is estimated to be $1,758.45. The estimated range of possible recovery for each participating class member is estimated to be from $12.18 to $2,643.31.

    Each Settlement Class Member shall receive a lump sum based on the number of work weeks he/she worked for RONPAK, INC. from February 5, 2015 through April 30, 2020. These work weeks do not include time where the employee was not working, on leave, or on vacation.

    The Settlement Administrator will calculate the lump sum payment to you by following this formula: First, the Settlement Administrator will calculate the total Compensable Work Weeks for all Settlement Class Members by adding the number of Work Weeks worked by each individual Settlement Class Member during the Class Period. The respective Compensable Work Weeks for each individual Settlement Class Member will then be divided by the total Compensable Work Weeks for all Settlement Class Members, resulting in the Payment Ratio for each Settlement Class Member. Each Settlement Class Member’s Payment Ratio will then be multiplied by the Net Settlement Amount to calculate each Settlement Class Member’s estimated Individual Settlement Payments.

    The total number of eligible work weeks worked by you as an hourly employee in the State of California from February 5, 2015 to April 30, 2020 is listed on your notice. This information is based on RONPAK, INC.’s records. If you disagree with this information and would like someone to look into the matter, please follow the procedure below.

  • If you believe the information in your notice is incorrect regarding the number of eligible work weeks worked by you, you will need to write and sign a letter detailing the number of work weeks you believe is correct and enclosing any documentation supporting your contention (for example: itemized wage statements) to the Settlement Administrator as follows:

    RONPAK, INC. ADMINISTRATOR
    c/o JND Legal Administration
    PO Box 91232, Seattle, WA 98111

    You must submit such information by March 20, 2021. Make sure that you include your name on the letter and make clear that you are disputing the number of eligible work weeks worked by you in RONPAK, INC.’ records. The attorneys on both sides of this case will work together in good faith and do their best to promptly resolve the dispute based upon available records.

  • If you wish to receive a payment under the terms of this settlement, you do not have to do anything. However, it is advisable to confirm your current mailing address with the Settlement Administrator in order to ensure you receive your settlement share at PO Box 91232, Seattle, WA 98111. You will be covered by the release summarized in Section 8 of the notice.

  • The claims you will Release by doing nothing are: means any and all claims, debts, liabilities, demands, obligations, penalties, guarantees, costs, expenses, attorney’s fees, damages, action or causes of action of whatever kind or nature, whether known or unknown, contingent or accrued, that are alleged or that reasonably could have arisen out of the same facts alleged in the Action. This Release shall include, without limitation, claims that were raised, or that reasonably could have been raised out of the same facts alleged in the Action, under the applicable Industrial Welfare Commission Wage Orders, California Code of Regulations, Title 8, Section 11010, Code of Civil Procedure Sections 1021.5 and 3287, and California Labor Code provisions, including Labor Code Sections 201, 202, 203, 226, 226.7, 512, and/or and claims pursuant to Labor Code Sections 2698-2699.6, that are based on alleged violations of these Labor Code provisions. Additionally, the Release includes a release of Business & Professions Code Section 17200.

  • Anyone not wishing to participate in this settlement may exclude himself or herself ("opt out") by sending a written request for exclusion to the Settlement Administrator at the address below. The request for exclusion must be signed by you or your authorized representative indicating that you wish to exclude yourself from the Settlement. The request for exclusion must be postmarked by March 20, 2021.

    If your Request for Exclusion is postmarked after March 20, 2021, it will be rejected, and you will be a Settlement Class Member and be bound by the settlement terms.

    Anyone who submits a timely and valid Request for Exclusion shall not be deemed a Class Member and will not receive any payment as part of this settlement. Such persons will keep any rights to sue RONPAK, INC. separately about the claims in this lawsuit. Requests for exclusion must be sent to:

    RONPAK, INC. ADMINISTRATOR
    c/o JND Legal Administration
    PO Box 91232, Seattle, WA 98111

  • Any objection to the settlement must be in writing, specify the reason(s) for the objection, and be mailed to the Claims Administrator no later than March 20, 2021. It must include your name, signature, your dates of employment, and whether or not you wish to appear at the final approval hearing. Either of the Parties may file a responsive document to any objection with the Court.

  • You do not need to hire your own lawyer, because Class Counsel is working on your behalf. However, if you want your own lawyer, you are free to hire one at your own expense.

    Class Counsel:
    Kingsley & Kingsley, APC
    Eric B. Kingsley, Esq.
    Liane Katzenstein Ly, Esq.
    16133 Ventura Blvd., Suite 1200
    Encino, CA 91436
    Telephone: (818) 990-8300
    Fax: (818) 990-2903

    Counsel for RONPAK, INC.
    Kaufman Dolowich & Voluck, LLP
    Brian D. Peters, Esq.
    11755 Wilshire Blvd., Suite 2400
    Los Angeles, CA 90025
    Telephone: (310) 775-6522
    Facsimile: (310) 575-9720

     

     
  • The Settlement has only been preliminarily approved by the Court. The Court will hold a Final Approval hearing in Dept. 6 of the Riverside County Superior Court, 4050 Main Street, Riverside, CA 92501, on May 10, 2021 at 8:30 AM. (Pacific Time), to consider any objections and determine whether the settlement should be finally approved as fair, reasonable, and adequate.

    The Court has determined only that there is sufficient evidence to suggest that the proposed settlement might be fair, adequate, and reasonable, and that any final determination of those issues will be made at the final hearing.

    The Court will also be asked to approve Class Counsel’s request for attorneys’ fees and costs and the costs of Settlement Administration. The hearing may be continued without further notice to you. It is not necessary for you to appear at this hearing.

  • The Notice is a summary of the basic terms of the settlement. For the precise terms and conditions of the settlement, you may review the detailed "Settlement Agreement" on file with the Clerk of the Court. The pleadings and other records in this litigation may be examined at any time during regular business hours at the Office of the Clerk of the Riverside County Superior Court, 4050 Main Street, Riverside, CA 92501.

    You can also visit case documents here or the Court’s website at:

    http://public-access.riverside.courts.ca.gov/OpenAccess/CivilMainMenu.asp

    Click “Search by Case Number.” Under “Case Type” enter “RIC.” Under “Case Number” enter “1901307” Then click on the link with the highlighted case number to access the records for this case.

    The Settlement Agreement was filed with Plaintiff’s Motion for Preliminary Approval of Class Action Settlement. It is attached as Exhibit 1 to the Declaration of David Keledjian in Support of Plaintiff’s Motion for Preliminary Approval of Class Action Settlement, filed on September 30, 2020.

    For further information, you may also telephone the Settlement Administrator at 844-975-1785 or Class Counsel.

    Please do not telephone the Court, the Office of the Clerk, or RONPAK, INC. for information regarding this settlement.

For More Information

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Mail

Martinez v. Ronpak Inc. Settlement Administrator
c/o JND Legal Administration
PO Box 91232
Seattle, WA 98111