Allbritton et al v. Wiggins et al

Filing 81

ORDER: Having considered the matter, the Court hereby approves the settlement agreement as set forth in the 73 joint motion of the parties for preliminary approval of the Fed.R.Civ.P. 23 settlement agreement. That agreement creates a common sett lement fund of $175,000.00, $105,000 of which will be distributed to Class Members on a pro rata basis based on Lifespring's records of accrued paid time off at the time Lifespring ceased operations. The Court finds that the settlem ent agreement constitutes a significant victory for the Class Members in that the Class Members will receive a substantial monetary recovery that would likely be uncollectible in the absence of the settlement agreement. Without objection, the Court g rants plaintiff's 75 motion for Attorney Fees and hereby awards plaintiffs attorneys' fees, costs, and administrative expenses in the amount of $70,000 constituting 40% of the $175,000 common settlement fund. Having given final approval to the parties' settlement agreement, the Court hereby dismisses this action. Signed by Judge Susan Webber Wright on 9/2/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ADAM ALLBRITTON, SHERRY LYNN
BELL, KEVIN GARRISON, BIJI JOSE,
DENISE PEOPLES, and DEBORAH
TERRY, each individually and on behalf
of others similarly situated,
Plaintiffs,
vs.

JOEY WIGGINS, LIFESPRING
THERAPY SOLUTIONS, LLC,
and TRAVIS RAYE,
Defendants.

*
*
*
*
*
*
*
*
*
*
*
*
*
*
*

No. 4:13-cv-00158-SWW

ORDER
By Opinion and Order entered March 14, 2014 [doc.#41], the Court granted plaintiffs’
Fed.R.Civ.P. 23 motion for class certification with respect to their claim alleging they have not
been paid for their accrued Paid Time Off. The Court certified a Rule 23 class that consisted of
the following persons:
All hourly employees of Lifespring Therapy Solutions, LLC who have not been
paid for their accrued Paid Time Off after March 19, 2008.1
Subsequently, by Order entered April 20, 2015 [doc.#78], the Court granted the joint
motion [doc.#73] of the parties for preliminary approval of their Fed.R.Civ.P. 23 settlement
agreement and to send a proposed notice (Ex. A) to the members of the Rule 23 class. The Court
scheduled a hearing for final approval of the settlement agreement on September 1, 2015.
However, late on the afternoon of August 31, 2015, the Court had to cancel the hearing due to

1

Lifespring closed in December 2012 and no longer operates.

unrelated and unforeseen circumstances.
On September 1, 2015, the parties notified the Court that no person entered any objection
during the notice period as was required and the Court notes that to its knowledge, no person
appeared on that date to object. Given these circumstances, the parties jointly request that the
Court approve the settlement agreement without a hearing.
Having considered the matter, the Court hereby approves the settlement agreement as set
forth in the joint motion [doc.#73] of the parties for preliminary approval of the Fed.R.Civ.P. 23
settlement agreement. That agreement creates a common settlement fund of $175,000.00,
$105,000 of which will be distributed to Class Members on a pro rata basis based on
Lifespring’s records of accrued paid time off at the time Lifespring ceased operations. The
Court finds that the settlement agreement constitutes a significant victory for the Class Members
in that the Class Members will receive a substantial monetary recovery that would likely be
uncollectible in the absence of the settlement agreement.
Plaintiffs have also filed a motion for attorneys’ fees, costs, and administrative expenses
[doc.#75]. Without objection, the Court grants plaintiff’s motion and hereby awards plaintiffs
attorneys’ fees, costs, and administrative expenses in the amount of $70,000–constituting 40% of
the $175,000 common settlement fund.
Having given final approval to the parties’ settlement agreement, the Court hereby
dismisses this action.
IT IS SO ORDERED this 2nd day of September 2015.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

-2-