You may be eligible to receive money from an employee class action lawsuit (“Action”) against SIMA CORPORATION, a California corporation, and 1576 MISSION DRIVE, LLC, a California limited liability company, and SIMA MANAGEMENT CORPORATION, a California corporation, and KEVIN J. BURNES, an individual, and defendant JAMES P. KNELL, an individual (together, “SIMA”) for alleged wage and hour violations. The Action was filed by a former SIMA employee, ANDRES ARRIAGA (“Plaintiff”) and seeks payment of (1) back wages and other relief for a class of hourly employees (“Class Members”) who worked for 1576 MISSION DRIVE, LLC, during the Class Period (December 15, 2019, to the earlier of the following two dates: the date of entry of Preliminary Approval, or December 23, 2024) and (2) penalties under the California Private Attorney General Act (“PAGA”) for all hourly employees who worked for SIMA during the PAGA Period (December 14, 2022, to the earlier of the following two dates: the date of entry of Preliminary Approval, or December 23, 2024) (“Aggrieved Employees”).
The proposed Settlement has two main parts: (1) a Class Settlement requiring SIMA to fund Individual Class Payments, and (2) a PAGA Settlement requiring SIMA 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 SIMA to make payments under the Settlement and requires Class Members and Aggrieved Employees to give up their rights to assert certain claims against SIMA.
If you worked for SIMA during the Class Period and/or the PAGA Period, you have two basic options under the Settlement:
Do Nothing. You don’t have to do anything to participate in the proposed Settlement and be eligible for an Individual Class Payment and/or an Individual PAGA Payment. As a Participating Class Member, though, you will give up your right to assert Class Period wage claims and PAGA Period penalty claims against SIMA.
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 Administrator in writing. If you opt-out of the Settlement, you will not receive an Individual Class Payment. You will, however, preserve your right to personally pursue Class Period wage claims against SIMA, and, if you are an Aggrieved Employee, remain eligible for an Individual PAGA Payment. You cannot opt-out of the PAGA portion of the proposed Settlement.
SIMA 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 Participating Class Member, eligible for an Individual Class Payment and an Individual PAGA Payment (if any). In exchange, you will give up your right to assert the wage claims against SIMA 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 25, 2025 | If you don’t want to fully participate in the proposed Settlement, you can opt-out of the Class Settlement by sending the Administrator a written Request for Exclusion. Once excluded, you will be a Non-Participating Class Member and no longer eligible for an Individual Class Payment. Non-Participating Class Members cannot object to any portion of the proposed Settlement. See FAQ 6. You cannot opt-out of the PAGA portion of the proposed Settlement. SIMA must pay Individual PAGA Payments to all Aggrieved Employees and the Aggrieved Employees must give up their rights to pursue Released Claims (defined in FAQ 3). |
Participating Class Members Can Object to the Class Settlement but not the PAGA Settlement Written Objections Must be Submitted by April 25, 2025 | All Class Members who do not opt-out (“Participating 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 FAQ 7. |
You Can Participate in the Final Approval Hearing | The Court’s Final Approval Hearing is scheduled to take place on May 1, 2025 at 8:30 a.m..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. Participating Class Members can verbally object to the Settlement at the Final Approval Hearing. See FAQ 8. |
You Can Challenge the Calculation of Your Workweeks/Pay Periods Written Challenges Must be Submitted by April 25, 2025 | The amount of your Individual Class Payment and PAGA Payment (if any) depend on how many workweeks you worked at least one day during the Class Period and how many Pay Periods you worked at least one day during the PAGA Period, respectively. The number Class Period Workweeks and number of PAGA Pay Periods you worked according to SIMA’s records is stated on the first page of the Notice. If you disagree with either of these numbers, you must challenge it by April 25, 2025. See FAQ 4. |
Upcoming Important Dates
Exclusion Deadline
04/25/2025
Objection Deadline
04/25/2025
Dispute Deadline
04/25/2025
Final Approval Hearing
05/01/2025