Case: Gutierrez v. Schmid Insulation Contractors Inc.

BC360357 | California state trial court

Filed Date: Oct. 13, 2006

Closed Date: 2012

Clearinghouse coding complete

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 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…

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.

Summary Authors

Dan Dalton (11/11/2007)

Dan Whitman (11/18/2014)

People


Judge(s)

Chooljian, Jacqueline (California)

Attorney for Plaintiff

Albutt, George P. (California)

Campins, Julia (California)

Cheng, Vincent (California)

Attorney for Defendant

Bernard, Chad D. (California)

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Documents in the Clearinghouse

Document

2:06-cv-07635

Docket [PACER]

Gutierrez v. Schmid Insulation Contractors Inc

U.S. District Court for the Central District of California

Sept. 26, 2007

Sept. 26, 2007

Docket

BC360357

State Court Docket (Superior Court, Los Angeles County)

Gutierrez v. Schmid Insulation Contractors, Inc.

Sept. 16, 2008

Sept. 16, 2008

Docket

08-cv-06010

BC360357

10-56379

Docket [PACER]

Gutierrez v. Schmid Insulation Contractors, Inc.

U.S. District Court for the Central District of California

June 13, 2012

June 13, 2012

Docket

MALDEF Press Release

Gutierrez v. Schmid Insulation Contractors

No Court

May 16, 2007

May 16, 2007

Press Release
1-7

08-cv-06010

First Amended Complaint for Damages

Gutierrez v. Schmid Insulation Contractors, Inc.

U.S. District Court for the Central District of California

Oct. 10, 2007

Oct. 10, 2007

Complaint
27-3

08-cv-06010

Settlement Agreement

Gutierrez v. Schmid Insulation Contractors, Inc.

U.S. District Court for the Central District of California

Oct. 27, 2008

Oct. 27, 2008

Settlement Agreement
30

08-cv-06010

Order Granting Motion for Preliminary Approval of Class Action Settlement and Class Certification

Gutierrez v. Schmid Insulation Contractors, Inc.

U.S. District Court for the Central District of California

Nov. 17, 2008

Nov. 17, 2008

Order/Opinion
54

08-cv-06010

Order Approving Attorneys' Fees and Reimbursement of Costs and Expenses

Gutierrez v. Schmid Insulation Contractors, Inc.

U.S. District Court for the Central District of California

March 9, 2009

March 9, 2009

Order/Opinion
55

08-cv-06010

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

Gutierrez v. Schmid Insulation Contractors, Inc.

U.S. District Court for the Central District of California

March 9, 2009

March 9, 2009

Order/Opinion
77-1

08-cv-06010

Stipulation and Proposed Order Regarding Settlement Agreement (of Settlement Administrators' Costs)

Gutierrez v. Schmid Insulation Contractors, Inc.

U.S. District Court for the Central District of California

April 5, 2012

April 5, 2012

Order/Opinion

Docket

Last updated Aug. 30, 2023, 1:55 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 13, 2006

Closing Date: 2012

Case Ongoing: No

Plaintiffs

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.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Schmid Insulation Contractors Inc., Private Entity/Person

Masco Contractor Services Inc., Private Entity/Person

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: Between $8.5 and 9 millio

Issues

General:

Staff (number, training, qualifications, wages)

Immigration/Border:

Employment

National Origin/Ethnicity:

Hispanic