Vallejo et al v. The Neil Jones Food Company

ARIAS SANGUINETTI WANG & TORRIJOS, LLP
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ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
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Mike M. Arias, Esq. (SBN 115385)
Arnold C. Wang, Esq. (SBN 204431)
Michael Anthony Jenkins, Esq. (SBN 171958)
ARIAS SANGUINETTI WANG & TEAM, LLP
6701 Center Drive West, 14th Floor
Los Angeles, California 90045
Telephone: (310) 844-9696
Facsimile: (310) 861-0168
Steven D. Liddle, Esq.*
Matthew Z. Robb, Esq.*
Laura L. Sheets, Esq.*
LIDDLE SHEETS P.C.
*Appearing Pro Hac Vice
975 E. Jefferson Avenue
Detroit, Michigan 48207
Telephone: (313) 392-0015
Facsimile: (313) 392-0025
Attorneys for Plaintiff and the Putative Class
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JOSEPH VALLEJO, VICTOR
ESPERICUETA and CHRISTOPHER
JONES on behalf of themselves and all
others similarly situated,
Plaintiffs,
v.
THE NEIL JONES FOODS COMPANY,
dba SAN BENITO FOODS,
Defendant.
Case No. 5:24-cv-06835-NW
Hon. Noël Wise
[PROPOSED] ORDER AS MODIFIED
GRANTING PRELIMINARY APPROVAL
OF CLASS ACTION SETTLEMENT
On October 14, 2026, the Court heard Plaintiffs’ Motion for Preliminary Approval of Class
Action Settlement. Plaintiffs sought an Order (1) Granting Preliminary Approval of the Proposed
Class Action Settlement and conditional certification of the Settlement Class; (2) approving the
forms and manner of Notices; (3) appointing the Class Representatives and Class Counsel; (4)
establishing a Schedule for the Provision of Notice of the Settlement to the Members of the
Settlement Class; and (5) setting the final approval hearing.
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ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
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The Court, having read and considered the Motion, the Settlement Agreement, and all
other accompanying documents, and with good cause appearing, HEREBY ORDERS AS
FOLLOWS:
1. 	This Order incorporates by reference the definitions in the Settlement Agreement
(a copy of which is attached the Plaintiff’s Unopposed Motion for Preliminary Approval), and all
capitalized terms used in this Order will have the same meanings as set forth in the Settlement
Agreement, unless otherwise defined in this Order.1
2. 	Subject to further consideration at the Final Approval Hearing, the Court
preliminarily approves the Settlement as fair, reasonable, and adequate to the members of the
Settlement Class, and as meriting submission to the members of the Settlement Class for their
consideration.
3. 	For the purposes of Settlement only, the Court certifies a Class defined as:
All owner-occupants and renters of residential property located in any part
within the Class Area during the time period of September 27, 2021, through
the Preliminary Approval Date (the “Class Period”).
The Class Area is depicted in Exhibit A to the Settlement Agreement.
4. 	The Court finds that the form, manner, and content of the Notice of Class
Action Settlement (“Notice”) meets the requirements of due process and Fed. R. Civ. P.
23(e)(1) and provides a means of notice reasonably calculated to apprise the Class Members
of the pendency of the action and the proposed Settlement. The Court approves the form and
1 The Settlement Agreement’s definition of “Opt-Out Period” is 30 days after mailing of the
Class Notice, which is inconsistent with the provision in Section 6.b. that “[a]ll opt-outs and
objections must be in writing and postmarked no more than forty-two (42) days after the date
that notice is mailed[.]” Compare ECF No. 74-1 at 9 with id. at 18–19. Counsel for Plaintiffs
confirmed at the hearing, and Defendant did not object, that 42 days is the intended opt-out
period. Accordingly, the Court defines the Opt-Out Period as “the period ending forty-two (42)
days after mailing of the Class Notice, in which Class Members may exercise their right to opt
out of the Class and this Settlement Agreement.”
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content of the Notice. The costs and expenses associated with providing notice to the
Settlement Class shall be paid in accordance with the Settlement Agreement.
5. 	The Court appoints Joseph Vallejo, Victor Espericueta, and Christopher Jones
as Class Representatives of the Settlement Class.
6. 	The Court appoints Liddle Sheets P.C. and Arias Sanguinetti Wang & Torrijos,
LLP as Class Counsel.
7. 	The Court directs the Notice to the Class in accordance with the schedule set
forth below. The Court preliminarily finds that the dates and form selected for the Notice meet
the requirements of due process, provide the best notice practicable under the circumstances,
and constitute due and sufficient notice to all persons entitled to notice. However, as discussed
at the preliminary approval hearing, the Court has concerns as to the limited nature of the
planned distribution of the Notice. Given the small Class Area identified by the parties, it
appears that additional distribution, e.g., by publication in community parks, schools, or other
areas, would be both practical, economical and beneficial. By contrast, publication in a
newspaper of general circulation may not be sufficiently effective. Accordingly, in addition
to dissemination via First Class U.S. Mail as identified below, the parties are encouraged to
disseminate the Notice by other methods. If, at the Final Approval Hearing, the ultimate
claims rate appears so low as to suggest that Notice was not the best practicable under the
circumstances, the Court will inquire as to the efforts made by the parties and may require a
second Notice period and additional dissemination at Class Counsel’s expense.
8. 	The following dates shall govern for the purposes of this Settlement. All days
shall be calendar days. In the event any deadline falls on a weekend or holiday, the deadline
shall be the next following court day:
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DATE 	E VENT
Within 28 days of this Order,
Thursday, November 12, 2026
Class Counsel shall disseminate the Class Notice via
First Class U.S. Mail, and by other methods as the
parties believe to be the best practicable under the
circumstances. cause the publication notice to be issued
in a newspaper of general circulation, as provided in the
Settlement Agreement.
35 days after entry of this Order
Wednesday, November 18, 2026
Class Counsel shall file the Application for
Attorney’s Fees, Reimbursement of Litigation Costs,
and Incentive Award for the Class Representatives
(“Fee Application”).
42 days from the date the Notice
is first mailed
Last day for Class Members to:
(1) Serve Objections to the settlement and/or
the Fee Application; and
(2) Serve Opt-Out Requests as specified in
the Notice.
60 days from the date the Notice
is first mailed
Last Day for Class Members to submit claims for
compensation from the Settlement Fund.
Within 14 days after the opt-
out/objection deadline
Class Counsel shall provide Counsel for Defendant
with:
1) 	Declaration attesting to completion of the
notice process set forth in the Settlement
Agreement;
2) 	Copies of all objections; and
3) 	Copies of Opt-Out Requests received.
14 days before the Fairness and
Final Approval Hearing
Tuesday, January 26, 2027
All papers and declarations in support of the Final
Approval of Settlement shall be filed with the Court.
Class Counsel and/or Counsel for Defendant shall file
with the Court any responses to written Objections.
9. 	Within fourteen (14) days after the opt-out and objection deadline but in no
event later than fourteen (14) days before the Settlement Fairness Hearing, Class Counsel
shall circulate copies of such opt-outs and/or objections to counsel for Defendant.
10. 	All memoranda, affidavits, declarations, and other evidence in support of the
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request for approval of the Settlement Agreement and Class Counsel’s request for approval
of attorneys’ fees and costs and the named Plaintiffs’ awards shall be filed no later than
fourteen days prior to the Final Approval and Fairness Hearing.
11. 	The Final Approval and Fairness Hearing is set for February 9, 2026 at 9:30
a.m. in Courtroom 3 of the Robert F. Peckham Federal Building & United States Courthouse,
280 South 1st St., San Jose, California 95113. After Final Approval, all Class Members other
than those who have validly opted out are entitled to receive the benefits of the Settlement
and will likewise be bound by the releases contained in the Settlement Agreement and by the
judgments and orders filed or entered in this action.
12. 	The Court may, for good cause, extend any of the deadlines set forth in this
Order without further notice to the members of the Settlement Class. The Final Approval and
Fairness Hearing may, without further notice to the members of the Settlement Class, be
continued by order of the Court. For updates regarding the status of the Final Approval and
Fairness Hearing, and for precise terms of the Settlement Agreement, Class Members are
advised to review the Settlement Website, hosted at: www.lsccounsel.com/sanbenito or to
contact Class Counsel. Additional information about the case may be publicly accessed in this
case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER)
system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for
the United States District Court for the Northern District of California, San Jose Division,
between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
13. 	This action is stayed pending final determination of whether the Settlement
should be approved, except those proceedings necessary to carry out or enforce the terms of
the Settlement Agreement.
14. 	If, for any reason, the Settlement Agreement is not finally approved or does not
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become effective, this provisional approval Order, including but not limited to the conditional
Settlement Class certification, shall be null and void and automatically deemed vacated. 	In
such event, the parties and the putative Class Members shall be returned to the same litigation
position that they were in prior to seeking preliminary approval of the Settlement Agreement,
and they shall be free to raise all claims, defenses, and arguments as they would have been
able to had they never negotiated or sought approval of the Settlement, including opposing
class certification on any and all grounds (including but not limited to Rule 23(a) and
(b)(3)(A)-(C). The parties must also promptly schedule a status conference to establish a new
scheduling order for the continuation of the Litigation.
Dated: ___October 15, 2026_______ 	IT IS SO ORDERED
_______________________________
Honorable Noël Wise
United States District Judge
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