McFarland v. Nestle USA Inc et al

Filing 31

ORDER OF PRELIMINARY APPROVAL. The Court grants the 27 Amended Motion and preliminary finds that the parties' class-wide settlement is fair and reasonable. For purposes of settlement, a Settlement Class is certified. 24 Motion is denied as m oot. A final fairness hearing will be held on August 22, 2017, at 1:15 p.m., at the U.S. District Court for the Eastern District of Arkansas, 615 South Main St., Room 312, Jonesboro, Arkansas. Counsel for the Parties must file motion papers for fi nal approval of all terms of the Settlement Agreement no later than 14 days before the final fairness hearing. This action is stayed pending the Court's ruling on the settlement at the final approval hearing. Signed by Judge J. Leon Holmes on 4/18/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JOY MCFARLAND, Individually and on
Behalf of Others Similarly Situated
v.

PLAINTIFF

NO. 3:16CV00100 JLH

NESTLE USA, INC.; and
NESTLE PREPARED FOODS COMPANY

DEFENDANTS

ORDER OF PRELIMINARY APPROVAL
The Amended Joint Motion for Preliminary Approval of the class-wide settlement and the
supporting documentation have come before the Court. It appears that the proposed settlement is
fair and reasonable and that the notice of the proposed settlement is appropriate. The Court therefore
grants the amended motion (Document #27) and preliminarily finds that the parties’ class-wide
settlement is fair and reasonable.1 For purposes of settlement, a Settlement Class is certified
consisting of the following class:
The “Settlement Class” or the “Class” consists of all current or former hourly-paid
production and maintenance employees who work or worked at the Nestle!
processing factory located in Jonesboro, Arkansas, at any time between April 11,
2013 and January 20, 2017. These individuals have been identified in the class lists
provided by Nestle! to Class Counsel.
As provided in the proposed settlement agreement, Simpluris, Inc., will serve as “Claims
Administrator” in providing notice, objection, claim process and administration services under the
Settlement Agreement. No later than forty (40) days before the final fairness hearing, the Claims
Administrator must send by first class mail the Notice of Proposed Settlement, including the claim

1

The previous joint motion is denied as moot. Document #24. Inasmuch as all potential
class members will receive notice and an opportunity to opt in, the pending motion for conditional
certification and approval of notice is denied without prejudice to renewal if the settlement is not
approved. Document #11.

form, to all class members. No later than ten (10) days before the final fairness hearing, the Claims
Administrator must send by first class mail a second Notice of Proposed Settlement, including the
claim form, to all class members who have not yet filed consents to participate.
IT IS HEREBY ORDERED that the form and content of the Notice of Proposed Settlement
set forth in the Joint Motion for Preliminary Approval is adequate, proper, comports with Due
Process and are hereby approved.
A final fairness hearing will be held on August 22, 2017, at 1:15 p.m., at the U.S. District
Court for the Eastern District of Arkansas, 615 South Main St., Room 312, Jonesboro, Arkansas
72401.
Counsel for the Parties must file motion papers for final approval of all terms of the
Settlement Agreement no later than fourteen (14) days before the final fairness hearing.
This action is stayed pending the Court’s ruling on the settlement at the final approval
hearing.
IT IS SO ORDERED this 18th day of April, 2017.

_________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

2