Plaintiff alleged that Defendant owed money to all current and former piece-rate non-exempt employees (“Class Members”) who worked in the State of California from February 28, 2020 through September 6, 2024 (the “Class Period”). Plaintiff alleged that Defendant failed to comply with various wage and hour law requirements. Plaintiff alleged that Defendant did not pay Class Members all Labor Code Section 226.2 rest period wages, and failed to provide a second rest period. Plaintiff further alleged that Defendant failed to provide Class Members with accurate wage statements, which could make Defendant liable for statutory penalties. Plaintiff also alleged that Class Members were not paid all the wages owed to them upon the termination of their employment, and thus alleges that Defendant is liable for waiting time penalties under Labor Code Section 203.
Defendant denies all of Plaintiff’s allegations. It maintains that it has complied with all wage and hour laws during the Class Period. The Court has not decided whether Defendant has violated any laws or whether any Class Member is entitled to any money or other relief.
On January 23, 2025, the Santa Cruz County Superior Court (the “Court”) preliminarily approved a settlement of the Lawsuit. According to Defendant’s records, you are a Class Member. Because you are a Class Member, you have the right to participate in, object to, or exclude yourself from the Settlement. This letter explains your legal rights and options with respect to the Settlement.
Defendant has agreed to pay the Gross Settlement Amount of Eight Hundred Fifty Thousand Dollars ($850,000) in full and complete resolution of this Lawsuit. It is estimated that, after deducting the litigation costs (not to exceed $10,000) and attorney’s fees (not to exceed $255,000 or 30% of the Gross Settlement Amount) awarded to Class Counsel, the enhancement awarded to Plaintiff (not to exceed $10,000), and the cost to administer the Class Action to the Settlement Administrator (estimated at $10,000) approximately $565,000 (the “Net Settlement Amount”) will be available for payment to Class Members. It is estimated that, if all Class Members (estimated at no more than 722) are located and do not opt out, each Class Member will on average receive about $782.55 from the Net Settlement Amount.
You have three options: (1) participate in the Settlement (which does not require any further action from you); (2) object to the Settlement; or (3) exclude yourself from the Settlement.
1. Participate In The Settlement
To receive your share of settlement benefits, you do not need to do anything more. Your settlement is based on the number of workweeks you worked for Defendant. Each of the workweeks you worked prior to September 25, 2023 are counted as 1 workweek and each of the workweeks you worked after September 25, 2023 are counted as 1/10 of a workweek. The reason for using this weighted formula is because Defendant altered its second rest period practices effective September 25, 2023. As long as you do not exclude yourself from the Settlement by submitting a written exclusion request to Atticus Administration, LLC, the Settlement Administrator, you will receive whatever settlement benefits you are entitled to following final approval of the Settlement and you will be bound by the release of claims in the Settlement, which means that you will not be able to sue Defendant for any of the claims asserted against it in the Lawsuit and settled through the Settlement. If the Court approves the Settlement at the Final Approval Hearing, you and the other Class Members are expected to receive a payment by August 2025. Unless you update your address with Atticus Administration, LLC, by sending a change of address request by e-mail MarVistaClassSettlement@atticusadmin.com, fax to (888) 326-6411, mail to Salinas v Mar Vista Berry Farms, Inc., c/o Atticus Administration, PO Box 64053, St. Paul, MN 55164, or calling (800) 351-7899, your payment will be mailed to the address where this Notice was sent.
2. Object to The Settlement
As long as you do not exclude yourself from the Settlement, you have the right to object to the Settlement. The objection must be in writing and must be sent by March 31, 2025 by regular mail, e-mail, or fax to the Settlement Administrator at the following address: Salinas v Mar Vista Berry Farms, Inc., c/o Atticus Administration, PO Box 64053, St. Paul, MN 55164. The Court will rule on your objection at the Final Class Settlement Approval Hearing discussed below.
3. Exclude Yourself From The Settlement
If you wish to exclude yourself from the Settlement, you must submit a written request for exclusion. The exclusion request must be sent by March 31, 2025 by regular mail, e-mail, or fax to the Settlement Administrator at the following address: Salinas v Mar Vista Berry Farms, Inc., c/o Atticus Administration, PO Box 64053, St. Paul, MN 55164.
Class Members who submit a valid and timely request for exclusion will not be entitled to recover any settlement benefits or object to the Settlement, but will retain the right to bring any claims they may have against Defendant. Any Class Member who does not exclude himself or herself from the Settlement will, upon final approval of the Settlement, be bound by the release of claims against Defendant and lose the right to sue Defendant for any of the claims asserted against Defendant in the Lawsuit.
Unless you exclude yourself from the Settlement, upon final approval of the Settlement by the Court, you will be deemed to have released any and all claims against Defendant, and all of Defendant’s subsidiaries, affiliates, shareholders, members, agents (including, without limitation, any insurers, reinsurers, attorneys and any past, present or future officers, directors and employees) predecessors, successors, and assigns, (the “Released Parties”) from any and all claims, rights, demands, liabilities, and causes of action under federal or California law giving rise to potential liability for acts or omissions during the Release Period, as asserted or that could have been asserted in the operative Complaint (“Complaint”), including all claims for failure to pay Labor Code Section 226.2 wages, failure to provide rest periods or pay premium wages (Labor Code Section 226.7; Wage Order 14), failure to provide meal periods or pay premium wages (Labor Code Sections 226.7, 512; Wage Order 14), unfair competition based on the above Labor Code claims, failure to provide accurate or proper itemized wage payment statements (Labor Code Sections 226, 226.2), failure to pay all wages owed upon termination (Labor Code Sections 201, 202, 203), interest, costs, and attorneys’ fees in connection therewith (other than as payable under this Agreement), (the “Released Claims”). The Release Period shall be the Class Period.
The Court has scheduled a Final Class Settlement Approval Hearing for June 17, 2025 at 8:30 a.m. in Department 10 of the Santa Cruz County Superior Court, located at 701 Ocean Street, Santa Cruz, CA 95060. At the Final Class Settlement Approval Hearing, the Court will decide whether to grant final approval to the Settlement. The Court will also rule on the application by Plaintiff for an award of attorney’s fees (not to exceed $255,000 or 30% of the Gross Settlement Amount), costs (not to exceed $10,000), the Settlement Administrator’s fee (estimated at $10,000) and a service enhancement to Plaintiff (not to exceed $10,000). You have the right to attend the Final Class Settlement Approval Hearing and, if you objected to the Settlement, address the Court. You also have the right to retain an attorney, at your own expense, to speak on your behalf.
If you want more information about the lawsuit or the Settlement, you can contact the attorney for the class at the address or telephone numbers listed below or any other advisor of your choice.
LAW OFFICES OF SANTOS GOMEZ
1003 Freedom Boulevard, Watsonville, CA 95076
Telephone: (831) 228-1560; Cellular Number: (805) 236-1743
Email: santos@lawofficesofsantosgomez.com
You can also view and obtain copies of lawsuit related documents in the Court’s file by going to the clerk’s office located at 701 Ocean Street, Santa Cruz, CA 95060.