Frequently Asked Questions
- What is this lawsuit about?
- How do I know if I am a member of the Settlement Class?
- What does the Settlement provide?
- How do I get a payment?
- What happens if I do nothing at all?
- How do I exclude myself from the Settlement?
- How do I object to the Settlement?
- When and where will the Court Decide whether to approve the Settlement?
- How do I get more information?
- What is this lawsuit about?
Plaintiff Cory Wigersma (“Plaintiff”) filed a complaint against Motion Theory, Inc. (“Motion Theory”) on December 19, 2013, on behalf of himself and other employees in the Superior Court of California for the County of Los Angeles. The Action alleges, among other things, that the Class Members are owed additional compensation for failing to provide final wages in a timely fashion, and failing to provide adequate pay statements to hourly workers employed by Motion Theory in California, and related penalties. The lawsuit seeks damages for lost wages, interest, penalties, injunctive relief, attorneys’ fees and expenses. Top
- How do I know if I am a member of the Settlement Class?
You have received the Notice because Motion Theory’s records show you are or were employed as a Class Member and your rights may be affected by this Class Settlement.
The Setttlement Class is defined as: All current and former non-exempt employees of Motion Theory, Inc. (“MOTION THEORY”) in California who, at any time between December 19, 2010, and July 31, 2014, were tendered a final paycheck (THE “FINAL PAYCHECK CLASS”) or at any time between December 19, 2012 and July 31, 2014, were tendered a paycheck (THE “PAYSTUB CLASS") Top
- What does the Settlement provide?
The Settlement Agreement provides that Motion Theory will pay up to $1,000,000.00 (the “Total Maximum Settlement Amount”) to fully resolve the claims in the Action.
The following deductions will be made from the Total Maximum Settlement Amount:
(i) Settlement Administration. The Court has tentatively approved a payment of up to $40,000 to the Settlement Administrator, Gilardi & Co., LLC, for the costs incurred in notifying the Class and processing claims.
(ii) Attorneys’ Fees and Expenses. Class Counsel will ask the Court to approve a Fee and Expense Award of up to $300,000.00, plus reimbursement of the reasonable litigation expenses Class Counsel has incurred up to $10,000. Class Counsel has been prosecuting the Action on behalf of the Class on a contingency fee basis (that is, without being paid to date) while advancing litigation costs and expenses. The Fee and Expense Award will constitute full compensation for all legal fees and expenses of Class Counsel in the Action, including any work they do in the future. Class Members are not personally responsible for any fees or expenses.
(iii) Incentive Award to Named Plaintiff. Class Counsel will also ask the Court to approve an Incentive Award in the amount of $5,000.00 for Named Plaintiff Cory Wigersma for acting as the representative on behalf of the Class and spending time assisting with the lawsuit, which was not required of other Class Members.
(iv) PAGA Payment. A payment of $20,000.00 shall be paid to California’s Labor and Workforce Development Agency to pay the government portion of any penalties allocated under California Labor Code’s Private Attorneys General Act of 2004 (“PAGA”), as amended, California Labor Code sections 2699, 2699.3, and 2699.5.
The balance of the Total Maximum Settlement Amount after the deductions described above is the “Net Settlement Sum." The Net Settlement Sum is estimated to be $625,000.00. Class members who do not opt out of participating in the Settlement (“Settlement Class Members”) who submit timely Claim Forms (“Authorized Claimants”) will receive a Settlement Award based on their relative number of weeks of employment as Class Members since December 19, 2010, as reflected by Motion Theory’ corporate records, exclusive of leaves of absence (“Work Weeks”). Approximations and averages will be used to cover periods where data are missing or otherwise not available. Any portion of the Net Settlement Sum that is not claimed by Authorized Claimants shall be paid to Bet Tzedek Legal Services. Top
- How do I get a payment?
If you want to participate in the Class Settlement and receive money under the Class Settlement, you must sign and date the Claim Form and mail the completed Claim Form postmarked by March 27, 2015, to the Settlement Administrator at the following address:
Wigersma v. Motion Theory
c/o Gilardi & Co. LLC
P.O. Box 8060
San Rafael, CA 94912-8060
Telephone: 877-298-6120
Website: www.MotionTheorySettlement.com
You may also file a claim on this website under the “File Claim” tab. Top
- What happens if I do nothing at all?
Any Class Member who does not submit a timely Claim Form will not receive any payment from the Class Settlement. If you do nothing, that is, if you do not mail a timely Claim Form and do not request exclusion from the Class, you will not be entitled to a Settlement Award but will be bound by the terms of the Class Settlement, including the Class Release. Top
- How do I exclude myself from the Settlement?
Class Members may exclude themselves (“opt-out”) from the Settlement Class by submitting a written exclusion request to Wigersma v. Motion Theory, c/o Gilardi & Co., LLC, P.O. Box 8060, San Rafael, CA 94912, postmarked on or before March 27, 2015. To opt out, your written statement must include your name (and former names, if any), current address, telephone number, and last four digits of your social security number. Opt-out requests that do not include all required information, or that are not submitted timely, will be disregarded. Persons who submit valid and timely opt-out requests will not participate in the Class Settlement and will not be bound by either the Class Settlement or the Final Approval Order and Judgment. Do not submit both a claim form and an opt-out request. If you submit both a claim form and an opt-out request, the opt-out request will be disregarded. Top
- How do I object to the Settlement?
If you are a Settlement Class Member and believe that the Class Settlement should not be finally approved by the Court for any reason, you must file with the Claims Administrator a written objection stating the basis of your objection. The objection must be postmarked on or before March 27, 2015.
Whether or not you have submitted a written objection, you may also appear at the Final Approval Hearing scheduled for 10:00 a.m. on April 27, 2015, in Dept. 323 of the Superior Court of the State of California, County of Los Angeles, Central District, at 600 S. Commonwealth Avenue, Los Angeles, CA 90005, to have your objection heard by the Court. Any attorney who intends to represent an individual objecting to the Class Settlement may file a notice of appearance with the Court and serve counsel for all Parties on or before March 27, 2015. All objections or other correspondence should state the name and number of the case, which is Wigersma v. Motion Theory, Inc., Case No. BC 531180. If you object to the Class Settlement, you will remain a Member of the Settlement Class, and if the Court approves the Class Settlement, you will be bound by the terms of the Class Settlement in the same way as Settlement Class Members who do not object. Top
- When and where will the Court Decide whether to approve the Settlement?
The Court has already preliminarily approved the settlement. The Final Approval Hearing is scheduled for 10:00 a.m. on April 27, 2015, in Dept. 323 of the Superior Court of the State of California, County of Los Angeles, Central District, at 600 S. Commonwealth Avenue, Los Angeles, CA 90005. You are not required to attend the Final Approval Hearing. The Hearing date may be changed without further notice; however, you can contact Class Counsel or Motion Theory's Counsel to find out if the Hearing date has changed.
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Class Counsel
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Motion Theory’s Counsel
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Alan Harris and David Garrett
HARRIS & RUBLE
4771 Cromwell Avenue
Los Angeles, CA 90027
Tel: (323) 962-3777
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Jennifer Raphael Komsky
LANDEGGER BARON LAW GROUP
15760 Ventura Blvd., Suite 1200
Encino, California 91436
Tel: 818.986.7561
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- How do I get more information?
For a more detailed statement of the matters involved in the Action and the Class Settlement, you may refer to the pleadings, the Settlement Agreement, and other papers filed in the Action, on the Case Document section of this website. You may also view these documents at the Office of the Clerk of the Superior Court of the State of California, County of Los Angeles, Central District, at 600 S. Commonwealth Avenue, Los Angeles, CA 90005, during regular business hours of each court day.
All inquiries by Class Members regarding the Class Notice and/or the Class Settlement should be directed to the Settlement Administrator or Class Counsel as listed above.
PLEASE DO NOT CONTACT THE CLERK OF THE COURT, THE JUDGE, OR MOTION THEORY WITH INQUIRIES. Top
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