SUMMARY NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
Filed as Exhibit 3 to Plaintiffs' Motion for Preliminary Approval of Class Action Settlement, September 22, 2023
— SIDE ONE (FRONT OF POSTCARD) —
LEGAL NOTICE — IF YOU ARE A CURRENT OR FORMER HOURLY EMPLOYEE OF AURELIUS MEDIA AMERICAS INC. IN CALIFORNIA, A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS
PLEASE READ THIS NOTICE CAREFULLY
Marisol Fuentes, Derek Halloran, and Yesenia Padilla, individually and on behalf of all others similarly situated, Plaintiffs,
v.
Aurelius Media Americas Inc., Defendant.
Superior Court of the State of California County of Los Angeles — Central District Lead Case No. 22STCV38214 (Consolidated with 22STCV39501) Hon. Raymond Escobedo, Dept. 34
What Is This Notice About?
A proposed class action settlement has been reached in the above-referenced lawsuit. The settlement resolves claims brought by Plaintiffs Marisol Fuentes, Derek Halloran, and Yesenia Padilla on behalf of themselves and a class of current and former hourly, non-exempt employees of Aurelius Media Americas Inc. ("AMA"). Plaintiffs allege that AMA failed to provide compliant meal periods, failed to provide accurate itemized wage statements, and engaged in unfair business practices in violation of the California Labor Code and Business & Professions Code § 17200 et seq., as well as claims for civil penalties under the Labor Code Private Attorneys General Act of 2004 ("PAGA"), Labor Code § 2698 et seq.
AMA denies all allegations of wrongdoing and liability. AMA contends that its meal period policies and timekeeping practices complied with all applicable California laws at all relevant times. The settlement is a compromise of disputed claims and is not an admission of fault, wrongdoing, or liability by AMA. The settlement was reached to avoid the substantial cost, delay, and uncertainty of continued litigation.
The Court has not decided who is right or wrong. This notice is not an expression of any opinion by the Court as to the merits of the claims asserted or the defenses raised in this lawsuit.
Who Is Included?
You are receiving this notice because records indicate that you may be a Class Member. You are a Class Member if you are a current or former non-exempt, hourly employee of Aurelius Media Americas Inc. who worked in the State of California at any time during the period from November 1, 2018 through October 31, 2023 (the "Class Period"), and who was subject to AMA's automatic meal period deduction policy administered through the NovaPay Solutions TimeTrack Pro timekeeping system.
Based on payroll and employment records produced by AMA during the course of this litigation, the Settlement Class includes approximately 1,850 individuals.
What Does the Settlement Provide?
AMA has agreed to pay a total of $14,750,000.00 (the "Gross Settlement Amount") to resolve all class claims and PAGA claims asserted in this lawsuit. The Gross Settlement Amount is the maximum amount AMA will be required to pay under the settlement, and it is non-reversionary — meaning that any funds remaining after all distributions are made will not revert to AMA.
After deductions for Court-approved amounts — including attorneys' fees to Class Counsel (up to one-third, or 33.33%, of the Gross Settlement Amount), reimbursement of documented litigation costs and expenses (up to $412,300.00), service awards to the three Named Plaintiffs in recognition of their service to the Class (up to $35,000.00 in the aggregate), PAGA penalties payable to the California Labor and Workforce Development Agency and aggrieved employees ($750,000.00), and settlement administration costs payable to the Claims Administrator ($385,000.00) — the estimated Net Settlement Fund available for distribution to Class Members is approximately $8,251,525.00.
The estimated average individual payment per Class Member is approximately $4,460.00. However, individual payment amounts will vary because they are calculated based on each Class Member's proportionate share of the Net Settlement Fund, determined by the number of weeks the Class Member worked during the Class Period (weighted at 60%) and the Class Member's recorded overtime hours during the Class Period (weighted at 40%). Accordingly, Class Members who worked for longer periods and who worked more overtime hours will receive larger payments, and Class Members who worked for shorter periods and fewer overtime hours will receive smaller payments.
You do not need to file a claim form to receive a payment. If you do not exclude yourself from the settlement (opt out), you will automatically receive a payment. Settlement checks will be mailed to eligible Class Members after the settlement receives final Court approval and any appeal period has expired.
— SIDE TWO (BACK OF POSTCARD) —
What Are Your Options?
You have three options. Please read each one carefully before deciding what to do.
Option 1: Do Nothing / Stay in the Settlement
If you do nothing, you will remain a Class Member, you will automatically receive your individual share of the Net Settlement Fund, and you will be bound by all terms of the Settlement Agreement and the Judgment entered by the Court. By remaining in the settlement, you will release all Released Claims against AMA and the other Released Parties as defined in the Settlement Agreement. The Released Claims include, but are not limited to, all claims, demands, rights, liabilities, and causes of action of every nature and description — whether known or unknown — arising from or related to the facts alleged in this lawsuit, including claims for:
• Meal period violations (Labor Code §§ 226.7, 512)
• Rest period violations (Labor Code § 226.7)
• Off-the-clock work
• Unpaid overtime wages (Labor Code §§ 510, 1194)
• Minimum wage violations (Labor Code §§ 1194, 1197)
• Inaccurate or non-compliant wage statement violations (Labor Code § 226)
• Waiting time penalties for untimely payment of final wages (Labor Code §§ 201–203)
• Unfair business practices under the Unfair Competition Law (Business & Professions Code § 17200 et seq.)
• Civil penalties under the Private Attorneys General Act (Labor Code § 2698 et seq.)
You will be bound by the settlement and any final judgment entered by the Court, and you will not be able to bring or maintain any separate lawsuit against AMA or the other Released Parties based on any of the Released Claims. The settlement includes a waiver of rights under California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Option 2: Exclude Yourself (Opt Out)
If you do not want to be part of the settlement, do not want to receive any payment, and do not want to release any claims, you must submit a written request for exclusion ("opt-out request"). Your written request for exclusion must include your full name, current mailing address, telephone number, the last four digits of your Social Security number, and a statement that you wish to be excluded from the settlement in Fuentes, et al. v. Aurelius Media Americas Inc., Lead Case No. 22STCV38214. Your request for exclusion must be signed personally by you (not by any agent or attorney acting on your behalf, unless you have granted a valid power of attorney).
Your written request for exclusion must be sent by U.S. mail to the Claims Administrator at the address listed below and must be postmarked no later than January 2, 2024.
If you validly exclude yourself, you will not receive any money from the settlement, you will not release any claims, and you will not be bound by the settlement or any judgment entered by the Court. You will retain the right, if any, to pursue your own individual claims against AMA at your own expense.
Detailed instructions for submitting a request for exclusion are available in the Long-Form Notice of Proposed Class Action Settlement and on the settlement website listed below.
Option 3: Object to the Settlement
If you wish to remain a Class Member but you disagree with any term or aspect of the proposed settlement — including the requested attorneys' fees, litigation costs, service awards, or the settlement terms themselves — you may submit a written objection. Your written objection must include your full name, current mailing address, telephone number, the last four digits of your Social Security number, a statement of your objection and the specific grounds for the objection, whether you intend to appear at the Final Approval Hearing, and whether you are represented by separate counsel (and if so, the name, address, and telephone number of your attorney).
Your written objection must be sent by U.S. mail to the Claims Administrator at the address listed below and must be postmarked no later than January 2, 2024.
You may also, but are not required to, file your written objection with the Clerk of the Superior Court of the State of California, County of Los Angeles — Central District, and serve copies on Class Counsel and counsel for AMA. Whether or not you submit a written objection, you may appear (in person or through your own attorney) at the Final Approval Hearing to state your objection. However, you may not object to the settlement if you have excluded yourself.
Detailed instructions for submitting a written objection are available in the Long-Form Notice of Proposed Class Action Settlement and on the settlement website listed below.
Final Approval Hearing
The Court will hold a Final Approval Hearing to determine whether the proposed settlement is fair, adequate, and reasonable, and whether it should be finally approved. At the Final Approval Hearing, the Court will also consider the requests for attorneys' fees and costs, the service awards to the Named Plaintiffs, and any timely objections.
Date: February 2, 2024 Time: 8:30 a.m. Location: Superior Court of the State of California, County of Los Angeles — Central District, 111 North Hill Street, Los Angeles, California 90012, Department 34, Hon. Raymond Escobedo presiding
You are welcome to attend the Final Approval Hearing, but you are not required to do so. If you have submitted a valid objection, you may appear at the hearing to address the Court, but attendance is not required for your objection to be considered. The Court may change the date, time, or location of the Final Approval Hearing without further notice to Class Members. Please check the settlement website listed below for the most current information regarding the hearing schedule.
How Can I Get More Information?
This is a summary notice only. For complete details about the settlement, your rights, and your options, you are strongly encouraged to review the Long-Form Notice of Proposed Class Action Settlement and the Settlement Agreement itself, both of which are available on the settlement website and from the Claims Administrator.
Settlement Website: www.AMAClassSettlement.com — The settlement website contains the full Long-Form Notice of Proposed Class Action Settlement, the complete Settlement Agreement and all exhibits thereto, answers to frequently asked questions, important deadlines, information about the Final Approval Hearing, and copies of all Court filings in connection with the settlement.
Claims Administrator: Meridian Settlement Services LLC, 1600 East Fourth Street, Suite 240, Santa Ana, California 92701. Toll-Free Telephone: 1-888-555-0147. You may contact the Claims Administrator if you have questions about the settlement, need to update your mailing address, or require a copy of the Long-Form Notice.
Class Counsel: Castellano Byrne & Salas LLP, 11755 Wilshire Boulevard, Suite 900, Los Angeles, California 90025, Tel: (310) 555-0234; and Veltrano Employment Law Group PC, 350 South Grand Avenue, Suite 2800, Los Angeles, California 90071, Tel: (213) 555-0891. Class Counsel represent the interests of the entire Settlement Class and are available to answer your questions.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE FOR INFORMATION ABOUT THE SETTLEMENT.
Important Deadlines Summary
Mailing Information
This notice was mailed to you based on your last known address as reflected in the payroll and employment records of Aurelius Media Americas Inc. that were provided to the Claims Administrator, Meridian Settlement Services LLC. If your address has changed, or if you believe this notice was sent to you in error, please contact the Claims Administrator immediately at the address or telephone number listed above to update your records.
Return Address:
Meridian Settlement Services LLC 1600 East Fourth Street, Suite 240 Santa Ana, California 92701
First-Class Mail — Presorted U.S. Postage Paid
Mailing Label Area:
[Pre-printed mailing label with Class Member's name and last known address sourced from AMA payroll records provided to Meridian Settlement Services LLC]
CONFIDENTIAL — This notice is directed solely to the individual named on the mailing label. If you have received this notice in error, please return it to the Claims Administrator at the address above.
| Action | Deadline |
| Opt-Out (Exclusion) Request — must be postmarked by | January 2, 2024 |
| Written Objection — must be postmarked by | January 2, 2024 |
| Final Approval Hearing | February 2, 2024, at 8:30 a.m. |