Rojas v Preferred Food Service

Gonzalo Rojas v. Preferred Food Service, Co., Inc.; Los Angeles Poultry Co., Inc.
Los Angeles Superior Court, Case No. 21STCV08225

You may be eligible to receive money from an employee class action lawsuit (“Action”) against Preferred Food Service, Inc. and Los Angeles Poultry Co., Inc (“Entity Defendants”) and Dror Dahan, David Dahan, Lily Dahan, Iliana Dahan and Bar Dahan (all defendants are collectively, “Defendants”) for alleged wage and hour violations. The Action was filed by a former employee of Entity Defendants, Gonzalo Rojas (“Plaintiff”), and seeks payment of (1) back wages and other relief for a class of hourly and non-exempt employees (“Class Members”) who worked for Entity Defendants during the Class Period March 1, 2017 to December 31, 2023 (“Class Period”); and (2) penalties under the California Private Attorney General Act (“PAGA”) for all hourly and non-exempt employees who worked for Entity Defendants during the PAGA Period February 19, 2020 to December 31, 2023) (“PAGA Members”).

The proposed Settlement has two main parts: (1) a Class Settlement requiring Entity Defendants to fund Individual Settlement Payments, and (2) a PAGA Settlement requiring Entity Defendants to fund Individual PAGA Payments and pay penalties to the California Labor and Workforce Development Agency (“LWDA”).

The Court has already preliminarily approved the proposed Settlement and approved the Notice. The Court has not yet decided whether to grant final approval. Your legal rights are affected whether you act or not act. Read the Notice carefully. You will be deemed to have carefully read and understood it. At the Final Approval Hearing, the Court will decide whether to finally approve the Settlement and how much of the Settlement will be paid to Plaintiff and Plaintiff’s attorneys (“Class Counsel”). The Court will also decide whether to enter a judgment that requires Entity Defendants to make payments under the Settlement and requires Class Members and PAGA Members to give up their rights to assert certain claims against Entity Defendants.

If you worked for Entity Defendants during the Class Period and/or the PAGA Period, you have two basic options under the Settlement:

(1) Do Nothing. You don’t have to do anything to participate in the proposed Settlement and be eligible for an Individual Settlement Payment and/or an Individual PAGA Payment. As a Settlement Class Member, though you will give up your right to assert against Defendants individual wage claims during the Class Period.

(2) Opt-Out of the Class Settlement. You can exclude yourself from the Class Settlement (opt-out) by submitting the written Request for Exclusion or otherwise notifying the Settlement Administrator in writing. If you opt-out of the Settlement, you will not receive an Individual Settlement Payment. You will, however, preserve your right to personally pursue against Defendants individual wage claims during the Class Period, and, if you are a PAGA Member, remain eligible for an Individual PAGA Payment. You cannot opt-out of the PAGA portion of the proposed Settlement.

Defendants will not retaliate against you for any actions you take with respect to the proposed Settlement.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

You Don’t Have to Do Anything to Participate in the Settlement	If you do nothing, you will be a Settlement Class Member, eligible for an Individual Settlement Payment and an Individual PAGA Payment (if any). In exchange, you will give up your right to assert the wage claims against Defendants that are covered by this Settlement (Released Claims).
You Can Opt-out of the Class Settlement but not the PAGA Settlement The Opt-out Deadline is April 7, 2025	If you don’t want to fully participate in the proposed Settlement, you can opt-out of the Class Settlement by sending the Settlement Administrator a written Request for Exclusion. Once excluded, you will be a Non-Participating Class Member and no longer eligible for an Individual Settlement Payment. Non-Participating Class Members cannot object to any portion of the proposed Settlement. See Section 6 of the Notice. You cannot opt-out of the PAGA portion of the proposed Settlement. Entity Defendants must pay Individual PAGA Payments to all PAGA Members and the PAGA Members must give up their rights to pursue Released Claims.
Settlement Class Members Can Object to the Class Settlement but not the PAGA Settlement Written Objections Must be Submitted by April 7, 2025	All Class Members who do not opt-out (“Settlement Class Members”) can object to any aspect of the proposed Settlement. The Court’s decision whether to finally approve the Settlement will include a determination of how much will be paid to Class Counsel and Plaintiff who pursued the Action on behalf of the Class. You are not personally responsible for any payments to Class Counsel or Plaintiff, but every dollar paid to Class Counsel and Plaintiff reduces the overall amount paid to Participating Class Members. You can object to the amounts requested by Class Counsel or Plaintiff if you think they are unreasonable. See Section 7 of the Notice.
You Can Participate in the May 7, 2025 Final Approval Hearing	The Court’s Final Approval Hearing is scheduled to take place on May 7, 2025. You don’t have to attend but you do have the right to appear (or hire an attorney to appear on your behalf at your own cost), in person, by telephone, or by using the Court’s virtual appearance platform. Settlement Class Members can verbally object to the Settlement at the Final Approval Hearing. See Section 8 of the Notice.
You Can Challenge the Calculation of Your Workweeks/PAGA Pay Periods Written Challenges Must be Submitted by April 7, 2025	The amount of your Individual Settlement Payment and Individual PAGA Payment (if any) depends on how many workweeks you worked at least one day during the Class Period and how many PAGA Pay Periods you worked at least one day during the PAGA Period, respectively. The number Workweeks and number of PAGA Pay Periods you worked according to Entity Defendants’ records is stated on the first page of your Notice. If you disagree with either of these numbers, you must challenge it by April 7, 2025. See Section 4 of the Notice.