Seiler v. Smoakland Distribution, LLC, et al.

NOTICE OF SETTLEMENT OF CLASS ACTION

Gregory Seiler v. Smoakland Distribution, LLC, et al.

Alameda County Superior Court
Case No. 21-cv-003855

To all current and former non-exempt, hourly employees working for Smoakland Distribution, LLC, Smoakland Sacramento, Chang Yi, Irfan Jaffery, and/or Linda Jaffery in California at any time between December 9, 2017, through the date of Preliminary Approval:

THIS NOTICE is of a proposed Settlement of a class action and representative action lawsuit in which you may be entitled to receive money (“Settlement”). Your rights may be affected by the legal proceedings in this action. Please review this notice carefully.

You will automatically receive a share of the Individual Settlement Payment. If you do not want to receive a share of the Individual Settlement Payment, you must affirmatively opt out of this Settlement by completing and submitting a timely and valid Request for Exclusion.

Your Legal Rights and Options in This Settlement
You May Do Nothing	If you take no further action, you will remain a Class Member, represented by Class Counsel. You will receive a share of the Individual Settlement Payment and will be bound by the release provisions of the Settlement Agreement with respect to the California Labor Code, California Industrial Welfare Commission Wage Orders, California Private Attorneys General Act of 2004 under California Labor Code §§ 2968, et seq., and California Unfair Competition Law under California Business and Professions Code §§ 17200, et seq. As a Class Member, you will not be charged for the services of Class Counsel.
You May Exclude Yourself	You may submit a Request for Exclusion to “opt out” of this Settlement. If you do not want to remain a Class Member, you must submit the enclosed Request for Exclusion to “opt out” of the Settlement. If you submit a timely and valid Request for Exclusion, you will not receive any Individual Settlement Payment from the Class portion of the settlement but will receive a portion of the settlement allocated to PAGA. If you opt out, you may not object to the Settlement and will not be bound by the release provisions in the Settlement Agreement. You will be free to pursue any claims you may have against Defendants on your own behalf, but Class Counsel will not represent you. In order to exclude yourself from the Class, you must submit the completed Request for Exclusion to the Settlement Administrator, Phoenix Settlement Administrators, so that it is postmarked no later than May 18, 2026. If you do not comply with these procedures and the deadline for exclusions, you will lose any opportunity to exclude yourself from the Settlement, and your rights will be determined in this lawsuit by the Settlement Agreement if it is approved by the Court and you may not recover under any other individual settlement agreement with respect to the Release of Claims, including California Labor Code, California Industrial Welfare Commission Wage Orders, California Private Attorneys General Act of 2004 under California Labor Code §§ 2968, et seq., and California Unfair Competition Law under California Business and Professions Code §§ 17200 et seq.
You May Object	You may object to the Settlement by timely submitting a written objection, or by appearing at the Settlement Hearing and objecting orally. If the Court grants final approval of the Settlement despite your objection, you will receive a share of the Individual Settlement Payment and will be bound by the release provisions of the Settlement Agreement with respect to the California Labor Code, California Industrial Welfare Commission Wage Orders, California Private Attorneys General Act of 2004 under California Labor Code §§ 2968, et seq., and California Unfair Competition Law under California Business and Professions Code §§ 17200 et seq. In order to make a written objection, you may complete and submit a written objection and send it to the Settlement Administrator, Phoenix Settlement Administrators, postmarked no later than May 18, 2026. You may also appear at the Settlement Hearing and be heard orally in support of, or in opposition to, the Settlement. PLEASE NOTE: If you do not wish to be represented by Class Counsel, you may hire your own attorney at your own expense. Your attorney must send a Notice of Appearance to the Settlement Administrator, Phoenix Settlement Administrators, so that it is postmarked on or before May 18, 2026. You will be responsible for any attorneys’ fees and costs charged by your attorney.

I. Why should I read this Notice?

This Notice outlines a Settlement for a class action and representative action lawsuit. If the Court approves the proposed Settlement, your legal rights may be affected. This Notice, which has been approved by the Court, is only a summary. A more detailed Joint Stipulation of Class Action Settlement and Release of Claims (“Settlement Agreement”) is on file with the Court, where it is available for your review.

II. What is this lawsuit about?

A lawsuit entitled Gregory Seiler v. Smoakland Distribution, LLC, et al. is now pending in Alameda County Superior Court, Case No. 21-cv-003855 (the “Lawsuit”). Plaintiff Gregory Seiler (“Plaintiff”) alleged claims against Defendants Smoakland Distribution, LLC, Smoakland Sacramento, Chang Yi, Irfan Jaffery, and Linda Jaffery (collectively, “Defendants”) under the California Labor Code, the California Unfair Competition Law, and the Private Attorneys General Act (“PAGA”).

Plaintiff brought this Lawsuit as a class action on behalf of himself and other similarly situated employees and “aggrieved” employees, and is claiming that Defendants failed to pay minimum, overtime, and double time wages; failed to pay wages for work performed off-the-clock; failed to provide meal and rest periods; failed to provide reimbursements for necessary expenditures; failed to provide accurate wage statements; failed to maintain required records; failed to timely pay wages during employment; and failed to pay final wages upon termination. Plaintiff seeks monetary recovery on behalf of the Class for the alleged violations, along with penalties, interest, restitution, costs and attorneys’ fees.

Defendants contend that they have complied with all laws and deny the allegations in this Lawsuit. The Court has not formed any opinions concerning the merits of the Lawsuit, and the Court has not ruled on any of the claims. The Court also has not yet ruled that the Lawsuit satisfies the requirements for a class action. This Settlement is intended to resolve the Lawsuit in order to avoid the uncertainties associated with subsequent decisions to be issued by the Court.

III. Who is covered by the class action lawsuit and the proposed Settlement?

The Settlement Class. The Court granted preliminary approval of the Settlement and authorized this Notice. The Court defined the “Settlement Class” as including all current and former non-exempt, hourly employees working for Defendants at any time between December 9, 2017, through the date of Preliminary Approval, who did not file a timely and valid opt-out Request for Exclusion.
The Effect of Membership in the Settlement Class. If you come within the definition of the Settlement Class, you are eligible for compensation and are subject to the terms of the Settlement, unless you file the enclosed Request for Exclusion to opt out of the Settlement Class. Members of the Settlement Class are eligible to receive the benefits created by the proposed Settlement and will be bound by the Settlement if it is approved by the Court. Persons who exclude themselves from the Class will not be bound by the Settlement and will not share in the Settlement proceeds, but may pursue their own timely individual claims against Defendants.

IV. What are the terms of the Settlement?

The proposed Settlement was negotiated between Defendants and the attorneys for the Settlement Class (“Class Counsel”). The attorneys for all of the Parties believe this Settlement is in the best interest of the members of the Settlement Class.

Monetary Compensation

Defendants shall provide the members of the Settlement Class monetary compensation in the maximum total amount of $250,000.00 (the “Gross Settlement Amount”). The Gross Settlement Amount will deduct amounts awarded by the Court for attorneys’ fees and costs, administrative expenses, payment to the California LWDA, and an enhancement payment to the Plaintiff who filed the Lawsuit. The remainder of the Gross Settlement Amount is referred to as the “Net Settlement Amount.” The Net Settlement Amount will be paid as Individual Settlement Payments to Settlement Class Members who do not opt out of the Settlement.
Each Settlement Class Member’s proportional share of the Class portion of Net Settlement Amount will be determined by dividing the number of weeks worked by the Settlement Class Member for Defendants at any time during the period of December 9, 2017 through the date of Preliminary Approval (the “Class Period”) by all weeks worked by all Settlement Class Members during the Class Period, multiplied by the Net Settlement Amount.
Each Settlement Class Member, even if they opt out, will receive their share of the PAGA portion of the settlement, explained below, which shall be distributed to aggrieved employees based on number of workweeks worked during the PAGA period, defined as one year and sixty-five days preceding the filing of the original Complaint.
Defendants, through the Settlement Administrator, shall pay the amounts awarded by the Court for attorneys’ fees and costs, administrative expenses, enhancements, payments to the LWDA, and the amounts claimed by the Settlement Class Members, in biweekly payments over a two-year period beginning 30 calendar days following the Effective Date. Effective Date of the Settlement Agreement. The Effective Date is defined as follows: the 15th day after the date by which the last of the following has occurred: (a) all conditions of Settlement have been satisfied; (b) the Court has entered and filed the Final Approval Order and Judgment; and (c) the time period for appeal of the Judgment has been exhausted without any appeals having been filed, and/or all such appeals have been voluntarily or involuntarily dismissed, and/or the appropriate appellate court or courts have entered a final judgment affirming the Final Approval Order and Judgment of the Court and the final judgment of such appellate court or courts is no longer subject to any further appellate challenge or procedure.

Fees and Expenses

When seeking Final Approval of the proposed Settlement, Class Counsel will apply to the Court for an award of attorneys’ fees in an amount up to $82,500.00 (which is one third of the total Gross Settlement Amount of $250,000.00), and an award of reasonable, documented costs. Such payments, if approved by the Court, will be deducted from the Gross Settlement Amount before calculation of the Net Settlement Amount available for distribution to the Settlement Class Members.

Settlement Administration Costs

When seeking Final Approval of the proposed Settlement, Class Counsel will apply to the Court for an award of Settlement administration costs of up to $21,950.00 for the administrative services in connection with this Settlement. Such payments, if approved by the Court, will be deducted from the Gross Settlement Amount before calculation of the Net Settlement Amount available for distribution to the Settlement Class Members.

Class Representative Service Awards

When seeking Final Approval of the proposed Settlement, Class Counsel will apply to the Court for a service award of up to $7,500.00 for Plaintiff Gregory Seiler. Such payment, if approved by the Court, will be deducted from the Gross Settlement Amount before calculation of the Net Settlement Amount available for distribution to the Class Members.

The Portion of the PAGA Payment to the LWDA

When seeking Final Approval of the proposed Settlement, Class Counsel will seek approval for a payment of $10,000.00 in PAGA penalties, $7,500.00 of which shall go to the LWDA, and $2,500.00 of which will be distributed to Class Members. Such payment, if approved by the Court, will be deducted from the Gross Settlement Amount before calculation of the Net Settlement Amount available for distribution to the Class Members.

Release of Claims

Upon the Court’s approval of the Settlement, judgment will be entered fully and finally settling the Lawsuit as to all Settlement Class Members.
As a result of the Settlement and judgment to be entered, Plaintiff and the Settlement Class Members who did not opt out of the Settlement by filing a timely, valid Request for Exclusion, will have released and discharged Defendants and any of their affiliates, parents, subsidiaries, divisions, predecessors, successors, and assigns, and each of their officers, directors, board members, trustees, shareholders, employees, agents, attorneys, auditors, accountants, experts, contractors, stockholders, representatives, partners, insurers, reinsurers, and other persons acting on their behalf, and each of them (collectively, the “Released Parties”) from any and all any and all claims, rights, demands, charges, complaints, causes of action, obligations, or liability of any and every kind between December 9, 2017 to the date of preliminary approval of the Settlement, for any and all claims that were raised or could have been raised based on the factual allegations made in the operative First Amended Complaint through final approval of the Settlement. This includes but is not limited to: (1) failure to pay minimum wages; (2) failure to pay overtime wages at the regular rate of pay; (3) failure to provide required meal periods; (4) failure to provide required rest periods; (5) failure to indemnify employees for necessary expenditures incurred in discharge of duties; (6) failure to maintain required records; (7) failure to furnish accurate itemized wages statements; (8) failure to timely pay wages during employment; (9) failure to pay all wages due to discharged and quitting employees; (10) PAGA claims for civil penalties due to any Labor Code violations by Defendants arising out of or related to events alleged in the Complaint including, but not limited to, Labor Code sections 200, 201, 202, 203, 204, 210, 221, 225.5, 226, 226.3, 226.7, 510, 512, 1174, 1174.5, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 1199, 2698-2699.5, and 2802; (11) claims brought under Business & Professions Code section 17200 et seq. including, but not limited to, all claims for unfair, unlawful and harmful conduct to class members, the general public and Defendants’ competitors and claims of unlawfully gaining an unfair advantage over other businesses; (12) any and all claims arising out of alleged violations of the California Labor Code, including sections 200, 201, 202, 203, 204, 210, 221, 225.5, 226, 226.3, 226.7, 510, 512, 1174, 1174.5, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 1199, 2698-2699.5, and 2802, and California Industrial Welfare Commission Wage Order No. 4-2001; (13) penalties of any nature, interest, or attorneys’ fees and costs arising out of any claims that were raised or could have been raised based on the factual allegations made in the operative First Amended Complaint through final approval of the Settlement; and (14) any other claims that were raised or could have been raised based on the factual allegations made in the operative First Amended Complaint through final approval of the Settlement.

If you do NOT exclude yourself from the Settlement Class by following the procedures set forth in the Request for Exclusion and the Court approves the proposed Settlement, you will be deemed to have entered into the Release in the Settlement Agreement.

V. How do I receive a payment?

Any Class Member who wishes to be considered for any payment under this Settlement must not submit a Request for Exclusion. If a Class Member does not submit a Request for Exclusion he or she will receive a share of the Individual Settlement Payment.

The Individual Settlement Payment is based on the number of weeks you worked during the period covered by the Settlement. Defendants’ records show that you have <<Class WW>>. If you dispute the number of weeks worked on the Notice, you may produce, by no later than ten (10) days from the date the Notice is postmarked, evidence to the Settlement Administrator showing that such information is inaccurate. All disputes will be decided within seven (7) business days from the date the dispute is received by the Settlement Administrator. The Settlement Administrator may be contacted at Phoenix Settlement Administrators, P.O. Box 7208, Orange, CA 92863, info@phoenixclassaction.com, (800) 523-5773.

VI. Who represents the Class?

The attorneys that serve as Class Counsel are Matthew J. Matern, Joshua D. Boxer, and Clare E. Moran of Matern Law Group, PC.

If you have questions about the Settlement, or the procedures outlined in this Notice, you should contact Class Counsel. For purposes of this Notice, Class Counsel to be contacted shall be Joshua D. Boxer (jboxer@maternlawgroup.com) and/or Clare E. Moran (cmoran@maternlawgroup.com), 2101 E. El Segundo Blvd., Suite 403, El Segundo, CA 90245.

Do not contact the Court.

VII. What are the reasons for the Settlement?

The Parties agreed to enter into this proposed Settlement after weighing the risks and benefits of this Settlement compared with those of continuing the Lawsuit. The factors considered included the uncertainty and delay associated with continued legal proceedings, a trial and appeals, and the uncertainty of several important legal issues that have yet to be determined. The Parties balanced these and other substantial risks in determining that the proposed Settlement is fair, reasonable, and adequate in light of all circumstances and in the best interests of Settlement Class Members.

If the Lawsuit continued, the Court might rule in favor of Defendants and the Settlement Class Members might not receive any recovery or monetary compensation. Defendants agreed to this proposed Settlement in order to avoid the expense and distraction associated with continued legal proceedings and the chance that the Court might rule in favor of the Settlement Class Members.

IX. When is the Court hearing and what is it for?

On June 24, 2026, the Hon. Patrick McKinney will hold a public hearing in Department 18 of Alameda County Superior Court Administration Building, 1221 Oak Street, Oakland, California 94612 for the purposes of determining whether the proposed Settlement is fair, adequate and reasonable and should be approved, whether to approve Class Counsel’s applications for attorneys’ fees and costs, and whether to approve the Class Representative’s request for an enhancement. Settlement Class Members who support the proposed Settlement do not need to appear at the hearing and do not need to take any other action to indicate their approval.

X. Where can I get more information?

If you have questions about this Notice, the enclosed Request for Exclusion, or the Settlement, or if you did not receive this Notice in the mail and you believe that you are or may be a member of the Settlement Class, you should contact Phoenix Settlement Administrators, P.O. Box 7208, Orange, CA 92863, info@phoenixclassaction.com, (800) 523-5773, for more information or to request that a copy of this Notice be sent to you in the mail. You may also request a copy of the full Settlement Agreement.

If you wish to communicate directly with Class Counsel, you may contact Joshua D. Boxer (jboxer@maternlawgroup.com) and/or Clare E. Moran (cmoran@maternlawgroup.com), 2101 E. El Segundo Blvd., Suite 403, El Segundo, CA 90245. You may also seek advice and guidance from your own private attorney at your own expense, if you so desire.

This Notice is only a summary. For more detailed information, you may review the Settlement Agreement, containing the complete terms of the proposed Settlement, which is on file with the Court and available to be inspected at any time during regular business hours at the Clerk’s Office, located in the Rene C. Davidson Courthouse, 1225 Fallon Street, Oakland, CA 94612, or online at https://eportal.alameda.courts.ca.gov/. You may also review the pleadings, records and other papers on file in this lawsuit at the Clerk’s Office or online.

PLEASE DO NOT WRITE OR TELEPHONE THE COURT OR DEFENDANTS FOR INFORMATION ABOUT THE PROPOSED SETTLEMENT OR THIS LAWSUIT.

QUESTIONS? CALL (800) 523-5773