Walden v. Nev. ex rel. Nev. Dep't of Corr.

Full title: DONALD WALDEN, JR., et al., etc., Plaintiffs, v. THE STATE OF NEVADA, EX…

Court: United States District Court, District of Nevada

Date published: Jan 12, 2023

3:14-cv-00320-MMD-CSD (D. Nev. Jan. 12, 2023)

Opinion

3:14-cv-00320-MMD-CSD

01-12-2023

DONALD WALDEN, JR., et al., etc., Plaintiffs, v. THE STATE OF NEVADA, EX REL. NEVADA DEPARTMENT OF CORRECTIONS, and DOES 1-50, Defendants.

Mark R. Thierman, Nev. Bar No. 8285 Joshua D. Buck, Nev. Bar No. 12187 Leah L. Jones, Nev. Bar No. 13161 Joshua R. Hendrickson, Nev. Bar No. 12225 THIERMAN BUCK LLP Christian Gabroy (#8805) Kaine Messer (#14240) GABROY MESSER The District at Green Valley Ranch Attorneys for Plaintiffs Sheri M. Thome, Esq. WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP AARON FORD Attorney General Leslie Nino Piro General Counsel Kiel B. Ireland Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL Attorneys for Defendant The State of Nevada, ex rel. its Department of Corrections

MIRANDA M. DU, CHIEF UNITED STATES DISTRICT JUDGE.

Mark R. Thierman, Nev. Bar No. 8285

Joshua D. Buck, Nev. Bar No. 12187

Leah L. Jones, Nev. Bar No. 13161

Joshua R. Hendrickson, Nev. Bar No. 12225

THIERMAN BUCK LLP

Christian Gabroy (#8805)

Kaine Messer (#14240)

GABROY MESSER

The District at Green Valley Ranch

Attorneys for Plaintiffs

Sheri M. Thome, Esq.

WILSON ELSER MOSKOWITZ

EDELMAN & DICKER LLP AARON FORD

Attorney General

Leslie Nino Piro

General Counsel

Kiel B. Ireland

Deputy Attorney General

OFFICE OF THE ATTORNEY GENERAL

Attorneys for Defendant The State of Nevada, ex rel. its Department of Corrections

STIPULATION AND PROPOSED ORDER TO (1) EXTEND DEADLINES FOR DISTRIBUTION OF SETTLEMENT NOTICE AND (2) RESCHEDULE FINAL FAIRNESS HEARING

MIRANDA M. DU, CHIEF UNITED STATES DISTRICT JUDGE.

Plaintiffs DONALD WALDEN JR., NATHAN ECHEVERRIA, AARON DICUS, BRENT EVERIST, TRAVIS ZUFELT, TIMOTHY RIDENOUR, and DANIEL TRACY on behalf of themselves and all other similarly situated individuals (“Plaintiffs”), and Defendant STATE OF NEVADA, EX. REL. ITS DEPARTMENT OF CORRECTIONS (“Defendant” or “NDOC”) (collectively “the Parties”), hereby inform this Honorable Court of the following:

This Court granted preliminary approval of the Parties' collective and class action settlement (“Settlement”) on December 1, 2022 (see ECF No. 432, hereinafter referred to as the “Preliminary Approval Order”).

Approximately 5,400 individuals were preliminarily identified as class members. The deadline for Defendant to submit class member information to Phoenix Class Action Solutions (hereinafter referred to as the “Claims Administrator”) was December 8, 2022 (see id. at ¶ 10(a)).

As of the date of this stipulation Defendant has yet to submit the class member information to the Claims Administrator. Despite the best efforts of NDOC's human resources staff, data was unavailable and/or inaccessible for approximately 800 class members.¹ Defendant's counsel is assisting and coordinating with the State's Division of Human Resource Management to provide the remaining missing/incomplete data to the Claims Administrator as quickly as possible.

1 For example, if a corrections officer transferred to another state agency, rather than terminating state service, NDOC's human resource staff could no longer access the officer's personal privacy information, such as a social security number and last known address, in the HR/payroll software.

Without the full class member information, the Claims Administrator is unable to (1) calculate class member workweeks worked and the estimated settlement share of each class member, or (2) mail the class notice (“Notice of Settlement”) to class members.

Since the Notice of Settlement has yet to be mailed, the following notice and deadlines need to be revised and extended: (i) deadline to mail the Notice of Settlement, (ii) deadline for class members to opt-out of the settlement; (iii) deadline for class members to object to the settlement; and (iv) deadline for Class Counsel to file the motion for final approval and all related documents.

Since the Notice of Settlement has yet to be mailed, the final fairness hearing (“Final Approval Hearing”) currently scheduled for February 6, 2023, at 9:00 a.m. will need to be rescheduled to a later date sometime on or after March 13, 2023.

BASED ON THE FOREGOING, THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS:

1) Defendant shall provide class member information to the Settlement Administrator pursuant to paragraph 15(a) of the Settlement no later than Wednesday, January 25, 2023.

2) The Claims Administrator shall mail the Notice of Settlement to all class members no later than Wednesday, February 1, 2023.

3) Class members shall have until March 3, 2023 (30-days from the date of the mailing of the Notice of Settlement) to either do-nothing (i.e., participate in the Settlement), opt-out, or object to the Settlement.

4) Class Counsel shall submit the motion for final approval of the Settlement, and all related papers, no later than seven (7) calendar days prior to the date set for the Final Approval Hearing.

5) The Final Approval Hearing shall be set by the Court no earlier than March 13, 2023.

6) The Parties hereby stipulate and agree that no other deadlines established by the Court in its Preliminary Approval Order will be affected by this stipulation (i.e., the funding and settlement payout deadlines will remain the same so that Plaintiffs and class members are not prejudiced as a result of Defendant's inability to produce the class member information in a timely manner). Accordingly, Defendant agrees that it will make the second deposit, as set forth in the Settlement, no later than May 5, 2023, provide that the Settlement is fully and finally approved. Respectfully Submitted:

[PROPOSED] ORDER

Having considered the Parties' stipulation set forth above, the Court hereby ORDERS the following:

1) Defendant shall provide class member information to the Settlement Administrator pursuant to paragraph 15(a) of the Settlement no later than Wednesday, January 25, 2023. (Should Defendant fail to provide the class member information to the Claims Administrator by this date, Defendant will file a response to an order to show cause why sanctions should not issue no later than Monday, January 30, 2023.)

2) The Claims Administrator shall mail the Notice of Settlement to all class members no later than Wednesday, February 1, 2023.

3) Class members shall have until March 3, 2023 (30-days from the date of the mailing of the Notice of Settlement) to either do-nothing (i.e., participate in the Settlement), opt-out, or object to the Settlement.

4) Class Counsel shall submit the motion for final approval of the Settlement, and all related papers, no later than seven (7) calendar days prior to the date set for the Final Approval Hearing.

5) The Final Approval Hearing originally set for February 6, 2023, is hereby rescheduled to, ___ 2023, at ___ a.m/p.m.

6) No other deadline set forth in the Court's Order granting preliminary approval of the

Settlement will be altered. Accordingly, the revised implementation schedule is as follows:

a.

Deadline for Defendant to Submit Class Member Information to Claims Administrator

January 25, 2023

b.	Deadline for Claims Administrator to Mail the Notice to Class Members	February 1, 2023
c.	Deadline for Defendant to Make Good Faith Deposit To Settlement Account maintained by Claims Administrator	January 17, 2023[2] [30 calendar days from the date of IFC approval]
d.	Deadline for Defendant's Insurer to Make Good Faith Deposit To Settlement Account maintained by Claims Administrator	January 17, 2023
e.	Deadline for Class Counsel to File Motion for Final Approval of Fees, Costs, and Service Awards	December 15, 2022
f.	Deadline for Class Members to Postmark Requests for Exclusions	March 3, 2023 [30 calendar days after initial mailing of the Notice to Class Members]
g.	Deadline for Receipt by Court and Counsel of any Objections to Settlement	March 3, 2023 [30 calendar days after initial mailing of the Notice to Class Members]
h.	Deadline for Class Counsel to file Motion for Final Approval of Settlement, Attorneys' Fees, Costs, and Enhancement Award	March 13, 2023 [7 calendar days prior to Final Approval Hearing]
i.	Deadline for Class Counsel to File Declaration from Claims Administrator of Due Diligence and Proof of Mailing	____________, 2023 [7 calendar days prior to Final Approval Hearing]

j.	Final Fairness Hearing and Final Approval	March 20 2023, at11:00 a.m in. in Reno Courtroom 5
k.	Deadline for Defendant to Remaining Settlement Fluid Deposit to Settlement Account maintained by Claims Administrator	May 5, 2023
l.	Deadline for Claims Administrator to wire transfer the Attorneys' Fees and Costs to Class Counsel (if Settlement is Effective)	May 15, 2023
m.	Deadline for Claims Administrator to mail the Settlement Awards to Class Members and the Enhancement Awards to Class Representatives (if Settlement is Effective)	May 15, 2023
n.	Claims Administrator to File Proof of Payment of Settlement Awards, Enhancement Award, Attorneys' Fees and Costs (if Settlement is Effective)	November 1, 2023
o.	Uncashed Checks to be Voided and Monies Remitted to State of Nevada Unclaimed Property Fund	November 1, 2023
p.	Unclaimed Settlement Monies Revert to the State of Nevada	November 1, 2024

[2] The Preliminary Approval Order provides a deadline of December 29, 2022, and further states “21 calendar days after Order granting Preliminary Approval or 30 calendar days from date of approval by the BOE and IFC, whichever is later.” This date is updated to reflect 30 days from the IFC's December 15, 2022 meeting when Defendant's agenda item related to this Settlement was approved.

IT IS SO ORDERED.