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Case Name Gutierrez v. Schmid Insulation Contractors Inc. IM-CA-0053
Docket / Court BC360357; 2:08-cv-06010 ( State Court )
State/Territory California
Case Type(s) Immigration
Attorney Organization MALDEF
Case Summary
On October 13, 2006, a group of more than one thousand Latino construction workers who installed gutters, fireplaces, and insulation throughout California filed a class action lawsuit in the Superior Court of California, Los Angeles County, (assigned case number BC360357) against Schmid Insulation ... read more >
On October 13, 2006, a group of more than one thousand Latino construction workers who installed gutters, fireplaces, and insulation throughout California filed a class action lawsuit in the Superior Court of California, Los Angeles County, (assigned case number BC360357) against Schmid Insulation Contractors, Inc. and Masco Contractor Services, Inc. Plaintiffs alleged that their employers violated California state wage and hour laws by not paying them for all of the time they spent on the job site and allegedly requiring workers to change their time cards.

Defendants removed the case to the United States District Court for the Central District of California on November 30, 2006. The District Court (Judge Dale S. Fischer) granted plaintiffs' motion to remand and sent the action back to the Superior Court of California, Los Angeles County on February 6, 2007.

In May 2007, the Mexican American Legal Defense and Educational Fund announced that it was joining the lawsuit on behalf of the plaintiff class.

On September 12, 2008, Defendants again removed the case to the United States District Court for the Central District of California.

On March 9, 2009, the District Court (Judge Fischer) approved an $8.5 million settlement agreement. The Court allocated 25% of the fund to class counsel for attorneys' fees, and up to $140,000.00 in costs. The Court also allocated $90,000.00 to the Settlement Administrators.

For the next two years, the Settlement Administrators attempted to seek reimbursement for costs above the $90,000.00 limit on administration costs imposed by Judge Fischer. A settlement was eventually reached, compensating the Administrators an additional $20,000.00 for their efforts.

Dan Dalton - 11/11/2007
Dan Whitman - 11/18/2014


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Issues and Causes of Action
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Issues
General
Staff (number, training, qualifications, wages)
Immigration
Employment
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Causes of Action State law
Defendant(s) Masco Contractor Services Inc.
Schmid Insulation Contractors Inc.
Plaintiff Description Settlement Class: All persons who are employed or have been employed by Defendants Western or by Schmid as installers in the construction field in California to install building products between October 13, 2002, through September 30, 2008.
Indexed Lawyer Organizations MALDEF
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees

Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2012
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
2:06-cv-07635-DSF-JC (C.D. Cal.) 09/26/2007
IM-CA-0053-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
BC360357 (State Trial Court) 09/16/2008
IM-CA-0053-9001 PDF | Detail
State Court Website
2:08-cv-6010 (C.D. Cal.) 06/13/2012
IM-CA-0053-9002 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
MALDEF Press Release 05/16/2007
IM-CA-0053-0001 PDF | Detail
First Amended Complaint for Damages 10/10/2007
IM-CA-0053-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 10/27/2008
IM-CA-0053-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion for Preliminary Approval of Class Action Settlement and Class Certification 11/17/2008 (C.D. Cal.)
IM-CA-0053-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Approving Attorneys' Fees and Reimbursement of Costs and Expenses 03/09/2009 (C.D. Cal.)
IM-CA-0053-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Finally Approving Class Action Settlement and Plan of Distribution; Entering Final Judgment; Approving Service Payment to Named Plaintiffs; Approving the Payment of Reasonable Costs to the Claims Administrator; and Reserving Jurisdiction 03/09/2009 (C.D. Cal.)
IM-CA-0053-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Proposed Order Regarding Settlement Agreement (of Settlement Administrators' Costs) 04/05/2012 (C.D. Cal.)
IM-CA-0053-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Chooljian, Jacqueline (C.D. Cal.) [Magistrate]
IM-CA-0053-9000 | IM-CA-0053-9002
Fischer, Dale S. (C.D. Cal.)
IM-CA-0053-0003 | IM-CA-0053-0004 | IM-CA-0053-0006 | IM-CA-0053-9000
Monitors/Masters None on record
Plaintiff's Lawyers Albutt, George P. (California)
IM-CA-0053-9002
Campins, Julia (California)
IM-CA-0053-0002 | IM-CA-0053-9002
Cheng, Vincent (California)
IM-CA-0053-0002 | IM-CA-0053-9002
Galbraith, George (California)
IM-CA-0053-0002
Gonzalves, Annabelle (California)
IM-CA-0053-0001
Jackson, Todd F. (California)
IM-CA-0053-0002 | IM-CA-0053-0005 | IM-CA-0053-9002
Lee, Bill Lann (California)
IM-CA-0053-0001 | IM-CA-0053-0002
Limon, Gladys (California)
IM-CA-0053-0002 | IM-CA-0053-9002
Ramirez, Nancy A. (California)
IM-CA-0053-0002 | IM-CA-0053-9002
Sullivan, Mark F (California)
IM-CA-0053-0002 | IM-CA-0053-9000 | IM-CA-0053-9002
Taketa, Donn S (California)
IM-CA-0053-0002 | IM-CA-0053-0007 | IM-CA-0053-9000 | IM-CA-0053-9001 | IM-CA-0053-9002
Valenzuela, Cynthia Ann (California)
IM-CA-0053-9002
Villasenor, Joel R (California)
IM-CA-0053-0001 | IM-CA-0053-0002 | IM-CA-0053-9000 | IM-CA-0053-9002
Worthman, Catha (California)
IM-CA-0053-0002 | IM-CA-0053-9002
Defendant's Lawyers Bernard, Chad D. (California)
IM-CA-0053-0002 | IM-CA-0053-9002
Farber, Mia (California)
IM-CA-0053-0002 | IM-CA-0053-0005 | IM-CA-0053-9002
Mathiason, Garry G (California)
IM-CA-0053-9000 | IM-CA-0053-9002
Pritikin, Nancy E. (California)
IM-CA-0053-0002 | IM-CA-0053-0005 | IM-CA-0053-9002
Ross, Hillary R (California)
IM-CA-0053-0002 | IM-CA-0053-9000 | IM-CA-0053-9002
Wickham, Douglas A (California)
IM-CA-0053-9000 | IM-CA-0053-9002
Other Lawyers None on record

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