Opinion
Case No. 2:12-cv-00009-JCM-VCF
03-01-2013
DAVID DENT, Individually and on behalf of a class of all similarly situated persons, Plaintiffs, v. ITC SERVICE GROUP, INC., TIM SAUER, KEVIN CAPPS, AND PATTI SANDERSON, Defendants.
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS
AND COLLECTIVE ACTION SETTLEMENT
Complaint Filed: January 4, 2012
TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
The Application for Preliminary Approval of a Class Action Settlement came before this Court, the Honorable James C. Mahan presiding, on March 1, 2013. The Court having considered the papers submitted in support of the application of the parties, HEREBY ORDERS THE FOLLOWING:
1. The Court grants preliminary approval of the Settlement and the Settlement Class pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure ("FRCP"), and conditional certification under 29 U.S.C. 216(b) of the Fair Labor Standard Act ("FLSA"), based upon the terms set forth in the Joint Stipulation of Settlement and Release filed herewith ("Preliminary Approval Order"). The Settlement appears to be fair, adequate and reasonable to the Class.
2. The Settlement falls within the range of reasonableness and appears to be presumptively valid, subject only to any objections that may be raised at the final fairness hearing and final approval by this Court.
3. A final fairness hearing on the question of whether the proposed Settlement, attorneys' fees to Class Counsel, and the Class Representative's Enhancement Award should be finally approved as fair, reasonable and adequate as to the members of the Class is scheduled in Courtroom 3A on the date and time set forth in the implementation schedule in Paragraph 10 below.
4. The Court approves, as to form and content, the Notice of Pendency of Class Action, Proposed Settlement and Hearing Date for Court Approval ("Notice of Pendency of Class Action"), in substantially the form attached to the Joint Stipulation of Settlement and Release Between Plaintiff and Defendants as Exhibit A, and the Opt In and Claim Form ("Claim Form") in substantially the form attached thereto as Exhibit B. The Court approves the procedure for Class Members to participate in, to opt into, to exclude themselves from, and to object to, the Settlement as set forth in the Notice of Pendency of Class Action.
5. The Court directs the mailing of the Notice of Pendency of Class Action and Proposed Settlement, and the Claim Form by first class mail to the Class Members in accordance with the Implementation Schedule set forth below. The Court finds the dates selected for the mailing and distribution of the Notice and the Claim Form, as set forth in the Implementation Schedule, meet the requirements of due process and provide the best notice practicable under the circumstances and shall constitute due and sufficient notice to all persons entitled thereto.
6. It is ordered that the Settlement Class is preliminarily certified for settlement purposes only.
7. The Court confirms Plaintiff David Dent as Class Representative, and Leon Greenberg of the Leon Greenberg Professional Corporation as Class Counsel.
8. The Court confirms Simpluris, Inc. as the Settlement Administrator.
9. To facilitate administration of the Settlement pending final approval, the Court hereby enjoins Plaintiff and all Class Members from filing or prosecuting any claims, suits or administrative proceedings regarding claims released by the Settlement unless and until such Class Members have filed valid Requests for Exclusion with the Settlement Administrator and the time for filing claims with the Settlement Administrator has elapsed.
10. The Court orders the following Implementation Schedule for further proceedings:
+-----------------------------------------------------------------------------+ ¦ ¦Deadline for Defendants to submit Class¦21 calendar days after Preliminary¦ ¦a.¦Member information to Settlement ¦Approval Order ¦ ¦ ¦Administrator ¦ ¦ +--+---------------------------------------+----------------------------------¦ ¦ ¦Deadline for Settlement Administrator ¦30 calendar days after Preliminary¦ ¦b.¦to mail the Notice and Claim Form to ¦Approval Order ¦ ¦ ¦Class Members ¦ ¦ +--+---------------------------------------+----------------------------------¦ ¦ ¦Deadline for Class Members to Postmark ¦45 calendar days after mailing of ¦ ¦c.¦Claim Forms ¦the Notice and Claim Form to Class¦ ¦ ¦ ¦Members ¦ +--+---------------------------------------+----------------------------------¦ ¦ ¦Deadline for Class Members to postmark ¦45 calendar days after mailing of ¦ ¦d.¦any Requests for Exclusions from the ¦the Notice to Class Members ¦ ¦ ¦Rule 23 Class ¦ ¦ +--+---------------------------------------+----------------------------------¦ ¦e.¦Deadline for Class Members to postmark ¦45 calendar days after mailing of ¦ ¦ ¦any objections to the Settlement ¦the Notice to Class Members ¦ +--+---------------------------------------+----------------------------------¦ ¦f.¦Deadline for Class Members to postmark ¦45 calendar days after mailing of ¦ ¦ ¦any disputes of Hours Recorded ¦the Notice to Class Members ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦g.¦Deadline for Class Counsel to file Motion for ¦30 calendar days before ¦ ¦ ¦Final Approval of Settlement ¦Final Approval Hearing ¦ +--+-----------------------------------------------+--------------------------¦ ¦h.¦Deadline for Class Counsel to file Motion for ¦30 calendar days before ¦ ¦ ¦Attorneys' Fees, Costs and Enhancement Awards ¦Final Approval Hearing ¦ +--+-----------------------------------------------+--------------------------¦ ¦ ¦Deadline for Class Counsel to file Settlement ¦ ¦ ¦ ¦Administrator's Declaration of Due Diligence, ¦16 calendar days before ¦ ¦i.¦Proof of Mailing of Notice, and Receipt of ¦Final Approval Hearing ¦ ¦ ¦Objections to Settlement or Requests for ¦ ¦ ¦ ¦Exclusion from Rule 23 Class ¦ ¦ +--+-----------------------------------------------+--------------------------¦ ¦ ¦Deadline for Defendants to provide written ¦10 calendar days before ¦ ¦ ¦notice of rescission of Settlement to Class ¦Final Approval Hearing ¦ ¦ ¦Counsel (if applicable) ¦ ¦ +--+-----------------------------------------------+--------------------------¦ ¦k.¦Final Approval Hearing ¦, 2013 ¦ +--+-----------------------------------------------+--------------------------¦ ¦ ¦Deadline for Defendants to pay, and the ¦21 calendar days after ¦ ¦ ¦Settlement Administrator to distribute, the ¦Settlement is Final and ¦ ¦l.¦Settlement Awards, and the Court-approved ¦Effective under Paragraph ¦ ¦ ¦attorneys' fees, costs, Enhancement Award and ¦ ¦ ¦ ¦settlement administration expenses (if ¦15(b) ¦ ¦ ¦Settlement is Effective) ¦ ¦ +--+-----------------------------------------------+--------------------------¦ ¦ ¦Settlement Administrator to File Proof of ¦90 calendar days after ¦ ¦m.¦Payment of Settlement Awards, Enhancement ¦Effective Date, as such ¦ ¦ ¦Award, Attorneys' Fees ¦term is defined in the ¦ ¦ ¦ ¦Stipulation of Settlement ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦and Costs (if Settlement is Effective) ¦ ¦ +--+---------------------------------------------------+----------------------¦ ¦ ¦Deadline for Class Counsel to file joint request ¦120 calendar days ¦ ¦n.¦for opt-in Class Members to be FLSA Plaintiffs ¦after issuance of the ¦ ¦ ¦covered by and bound to the Settlement (if ¦Settlement Awards ¦ ¦ ¦Settlement is Effective) ¦ ¦ +-----------------------------------------------------------------------------+
IT IS SO ORDERED.
______________________
HON. JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE