UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DESIDERO SOTO, et al.,

Plaintiffs,

v.

O.C. COMMUNICATIONS, INC., et al.,

Defendants.

Case No. 17-cv-00251-VC

ORDER GRANTING RENEWED 

MOTION FOR PRELIMINARY 

APPROVAL OF CLASS AND 

COLLECTIVE ACTION 

SETTLEMENT

Re: Dkt. No. 289

The Renewed Motion for Preliminary Approval of Class and Collective Action 

Settlement, filed by Plaintiffs Desidero Soto, Steven Stricklen, Steeve Fondrose, Lorenzo Ortega, 

and Jose Antonio Farias, Jr. (“Plaintiffs”) in the above-captioned action, came on for hearing 

regularly in Courtroom 4 of the above captioned court, the Honorable Vince Chhabria presiding.

Defendants O.C. Communications, Inc. (“OCC”), Comcast Corporation and Comcast Cable 

Communications Management, LLC (collectively, “Comcast”) do not oppose the motion. 

Plaintiffs bring a representative wage and hour action under federal and state laws on behalf of 

themselves and other Technicians employed by OCC who install cable television, phone, 

security and internet services. Plaintiffs Desidero Soto and Steven Stricklen filed their initial 

Collective and Class Action Complaint in this action on January 18, 2017, which asserted FLSA 

and California law claims. Dkt. No. 1. On August 18, 2017, Plaintiffs filed their First Amended 

Collective and Class Action Complaint, which added Plaintiff Fondrose, refined the factual 

allegations, and added a cause of action for violation of California Labor Code Section 226.2.

Dkt. No. 117. Plaintiffs filed their Second Amended Collective and Class Action Complaint on 

March 13, 2018, which added the Comcast Defendants under a joint-employer theory, along with 
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Plaintiff Ortega and the Washington state law claims that he asserts. Dkt. No. 232. On June 20, 

2018, Plaintiffs filed their Third Amended Collective and Class Action Complaint (“TAC”), 

which added Plaintiff Farias and California Private Attorneys General Act (“PAGA”) claims 

against Comcast. See Dkt. No. 255.

In the operative TAC (Dkt. No. 253-1), Plaintiffs allege eighteen causes of action under 

the federal Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. (“FLSA”), the California Labor 

Code and Business and Professions Code §§ 17200, et seq. (“UCL”), and Washington wage and 

consumer protection laws. Plaintiffs assert the first cause of action under the FLSA on behalf of 

themselves and the Collective for Defendants’ alleged failure to compensate Technicians for all 

hours worked, including legally mandated overtime premiums. Defendants dispute and deny all 

of Plaintiffs’ claims.

The Parties executed a Class Action Settlement Agreement on March 1, 2019. Likewise, 

on March 1, 2019, Plaintiffs filed their first Notice of Motion and Motion for Preliminary 

Approval of Class and Collective Action Settlement, see ECF No. 284. The Court held a hearing 

on Plaintiffs’ initial Motion on March 21, 2019 and denied the motion on April 1, 2019, see ECF 

No. 286. Following the Court’s denial of Plaintiffs’ Motion for Preliminary Approval, Class 

Counsel and the parties engaged in subsequent settlement negotiations and entered into the 

Addendum to Class Action Settlement Agreement. They filed a renewed Motion for Preliminary 

Approval on May 10, 2019, and a telephonic hearing was held before this Court on June 13, 

2019.

Having reviewed the papers and documents presented – including the Plaintiffs’ 

Renewed Motion for Preliminary Approval – the Court finds, concludes, and orders as follows: 

1. The Court grants preliminary approval of the terms and conditions contained in 

the Amended Settlement, attached hereto as Exhibit 1, as to the California and Washington 

Classes. 

2. The Court finds on a preliminary basis that the class and collective action 

settlement memorialized in the Amended Settlement is fair, reasonable, and adequate. 
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3. The Court grants conditional certification of the provisional California and 

Washington Classes, in accordance with the Amended Settlement, for the purposes of this 

Amended Settlement only. The California Class is defined as “all Technicians who are or were 

employed by OCC in the State of California at any time from January 18, 2013 through 

December 21, 2018, and who do not validly exclude themselves from the Settlement.” The 

Washington Class is defined as “all Technicians who are or were employed by OCC in the State 

of Washington from March 13, 2015 through December 21, 2018, and who do not validly 

exclude themselves from the Settlement.”

4. The Court grants Approval of the terms and conditions contained in the Amended 

Settlement as to the Collective. The Court preliminarily finds that the terms of the Amended 

Settlement are reasonable, pursuant to the Fair Labor Standards Act and applicable law. The 

Court confirms its August 31, 2017, Order conditionally certifying the Collective. See Dkt. No. 

127. The Collective is defined as “all Opt-In Plaintiffs who are or were employed by OCC at any 

time from and including January 18, 2014, through December 21, 2018.”

5. The Court authorizes the retention of CPT Group, Inc. as Settlement

Administrator for the purpose of the Amended Settlement, with reasonable administration costs 

estimated not to exceed $40,000.00.

6. The Court appoints Schneider Wallace Cottrell Konecky Wotkyns LLP and 

Berger Montague PC as Counsel for the Classes and the Collective. (For purposes of 

representing the Classes, the appointment is conditional.) The Court also conditionally appoints 

Plaintiffs Soto, Stricklen, and Farias as Class Representatives for the California Class, and 

Plaintiff Ortega as Class Representative for the Washington Class. For purposes of the 

Collective, Plaintiffs Soto, Stricklen, Fondrose, Ortega, and Farias are appointed as Collective 

representatives.

7. The Court approves the Notice of Settlement, attached as Exhibit 2, and 

authorizes dissemination of the Notice of Settlement to Members of the California and 

Washington Classes and the Collective. Subject to the terms of the Amended Settlement, the 

Notice of Settlement shall be mailed via first-class mail to the most recent known address of each 
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Member of the California and Washington Classes and the Collective within the timeframe 

specified in the Settlement, and sent via email to all such persons for whom OCC has an email 

address.

8. The Court approves the proposed procedure for exclusion from the Amended 

Settlement, which is to submit a written statement requesting exclusion to the Amended 

Settlement Administrator no later than 60 days following the date on which the Settlement

Administrator first mails the Notice of Settlement to Members of the California and Washington 

Classes and the Collective. Any Members of the California and Washington Classes who submit 

a written exclusion shall not be a Member of the Settlement Class, shall be barred from 

participating in the Settlement, and shall receive no benefit from the Amended Settlement.

9. Class Counsel shall file a motion for approval of the fee and cost award and of the 

service awards to the Class Representatives, with the appropriate declarations and supporting 

evidence, at least 14 days prior to the Notice Deadline, to be heard at the same time as the 

motion for final approval of the Amended Settlement.

10. Class Counsel shall file a motion for final approval of the Amended Settlement, 

with the appropriate declarations and supporting evidence, including a declaration setting forth 

the identity of any Members of the California and Washington Classes and the Collective who 

request exclusion from the Settlement, by September 16, 2019.

11. Each Member of the California and Washington Classes and the Collective shall 

be given a full opportunity to object to the proposed Settlement and request for attorneys’ fees, 

and to participate at a Final Approval Hearing, which the Court sets to commence on October 17, 

2019, at 10:00 a.m. in Courtroom 4 of the United States District Court, Northern District of 

California, San Francisco Division. Any Member of the Classes and/or the Collective seeking to 

object to the proposed Settlement may file such objection in writing with the Court and shall 

serve such objection on Class Counsel and Defendants’ Counsel. The written objection 

requirement may be excused upon a showing of good cause. 

12. Accordingly, the Court approves the proposed Notice of Settlement and adopts 

the following dates and deadlines:
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Date of preliminary approval of the Amended

Settlement as to Class and approval of the 

Amended Settlement as to the Collective

June 17, 2019

Deadline for OCC to provide to CPT Group, 

Inc. a database containing Class Members’ 

contact information

Within 10 business days after the Court’s 

preliminary approval of the Amended 

Settlement

Deadline for CPT Group, Inc. to mail the 

Notice of Settlement to Class Members

Within 10 business days after CPT Group, 

Inc. receives the Class Member database

Deadline for Class Counsel to file attorneys’ 

fees motion and motion for service awards

At least 14 days before the optout/objection deadline

Deadline for Class Members to postmark 

requests to opt-out or file objections to the 

Amended Settlement

60 days after Notice of Settlement is 

mailed

Deadline for filing of Final Approval Motion September 12, 2019

Final Approval Hearing October 17, 2019

Effective Date

(i) if there is an objection to the Amended 

Settlement that is not subsequently 

withdrawn, then the date upon the 

expiration of time for appeal of the Court’s 

Final Approval Order; or (ii) if there is a 

timely objection and appeal by an 

objector, then after such appeal is 

dismissed or the Court’s Final Approval 

Order is affirmed on appeal; or (iii) if there 

are no timely objections to the Amended 

Settlement, or if any objections which 

were filed are withdrawn before the date 

of final approval, then the first business 

day after the Court’s order granting Final 

Approval of the Amended Settlement

Deadline for OCC to pay the Gross Settlement 

Amount into the Qualified Settlement Fund 

Within 10 business days after Effective 

Date

Deadline for CPT Group, Inc. to provide Class 

Counsel and Defendants’ Counsel with a final 

report of all Settlement Awards

At least 10 business days before the 

Settlement Awards are mailed to Class 

Members 

Deadline for CPT Group, Inc. to transfer the 10

percent holdback of the attorneys’ fees award 

into a separate interest-bearing account

As soon as practicable after funding of the 

Gross Settlement Amount, and prior to any 

payment of the attorneys’ fees award to 

Class Counsel

Deadline for CPT Group, Inc. to make 

payments for attorneys’ fees and costs, service 

awards, Class Member Settlement Awards, and 

LWDA Payment

Within 30 days after the Effective Date or 

as soon as reasonably practicable

Deadline for CPT Group, Inc. to send a 90 days before check-cashing deadline
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reminder letter to those Class Members who 

have not yet cashed their Class Member 

Settlement Award checks 

Deadline for CPT Group, Inc. to place a 

reminder phone call to those Class Members 

who have not yet cashed their Class Member 

Settlement Award checks 

60 days before check-cashing deadline

Check-cashing deadline 180 days after issuance

Deadline for CPT Group, Inc. to either 

distribute uncashed check funds to cy pres

recipient or redistribute such funds to those 

Class Members who cashed their cashed their 

Class Member Settlement Award checks

As soon as practicable after check-cashing 

deadline

Deadline for Plaintiffs to file the PostDistribution Accounting.

Within 21 days after the distribution of 

any remaining monies to Settlement Class 

Members who cashed their Settlement 

Award check or to the cy pres recipient

Deadline for CPT Group, Inc. to release the 10 

percent holdback of the attorneys’ fees award 

to Class Counsel 

As soon as practicable following 

completion of the distribution process and 

filing of the Post-Distribution Accounting 

with the Court

13. At this time, all proceedings in this Action, except those contemplated herein and 

in the Amended Settlement, are stayed, and all deadlines are vacated.

IT IS SO ORDERED.

Dated: June 17, 2019

______________________________________

VINCE CHHABRIA

United States District Judge