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Ohring v. UniSea Inc
2:21-cv-00359
W.D. Wash.
Oct 31, 2024
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Background

  • Plaintiff Amichai Ohring brought a collective and class action against UniSea, Inc. on behalf of seafood processors for alleged wage and hour violations.
  • Two claims were asserted: (1) Fair Labor Standards Act (FLSA) collective action and (2) Alaska Wage and Hour Act (AWHA) class action under Rule 23(b)(3).
  • The court conditionally certified an FLSA collective and certified, for settlement purposes, an AWHA class.
  • The parties reached a revised settlement after the court initially rejected a prior proposal for failing due to procedural deficiencies (notice issues, improper allocations, etc.).
  • Notices were sent to over 94% of eligible claimants after correction; a $600,000 common fund was agreed upon for class members, with specific allocations for FLSA and AWHA claims.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Approval of class/collective certification for settlement Seafood processors similarly situated for purposes of FLSA and AWHA claims; procedural requirements met No significant challenge noted to certification for settlement purposes Certified for settlement purposes
Adequacy and fairness of notice to class Revised notice plan provides best practicable notice under due process No objections to revised notice plan Notice was adequate and satisfied due process
Fairness and approval of settlement agreement Settlement fund is fair, reasonable, and provides appropriate relief No objections to substantive terms of settlement Settlement approved as fair, reasonable, and adequate
Attorney’s fees, costs, and service awards Fees, costs, and service award are reasonable given effort and outcomes No objections to the requested fees, costs, or awards Requested fees and awards granted

Key Cases Cited

  • Campbell v. City of Los Angeles, 903 F.3d 1090 (9th Cir. 2018) (standards for similarity in FLSA collective actions)
  • Smothers v. NorthStar Alarm Servs., LLC, 379 F. Supp. 3d 805 (E.D. Cal. 2019) (analyzing similarity among FLSA plaintiffs for certification purposes)
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Case Details

Case Name: Ohring v. UniSea Inc
Court Name: District Court, W.D. Washington
Date Published: Oct 31, 2024
Citation: 2:21-cv-00359
Docket Number: 2:21-cv-00359
Court Abbreviation: W.D. Wash.