Dandison et al v. Hank's Furniture Inc

Filing 46

ORDER approving the parties' settlement agreement, 44 . The proposed notice is clear and adequate and the Court approves it too. The Court decertifies the conditionally certified collective action described in its 11 August 2015 Order, 32 . Th e parties' settlement on a broader scale moots the smaller group. The Court certifies (finally, not conditionally) the following group as a settlement collective action: All former sales associates at any Hank's location who were employed b etween 26 January 2013 and 26 January 2015, and who didn't participate in the Department of Labor settlement for the Bowman Road store in Little Rock, Arkansas. The parties should implement the settlement with notice and disbursement as soon as practicable. Joint status report due by 18 December 2015. Motion 38 granted. Signed by Judge D. P. Marshall Jr. on 11/19/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
SHERRY DANDISON and RICHARD ORCHARD,

individually and on behalf of all others
similarly situated

v.

PLAINTIFFS
No. 4:15-cv-62-DPM

HANK'S FURNITURE, INC.

DEFENDANT
ORDER

1. The parties' settlement agreement, NQ 44 at 3-10, is fair, reasonable,
and adequate. Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 203 (2d Cir.
2015); Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th

Cir.1982). The Court approves it. The proposed notice, NQ 44at11-13, is clear
and adequate. The Court approves it too. While the proposed attorney's fee
is healthy, the records show that counsel spent many hours working on this
case and negotiating a settlement. All material things considered, the realized
hourly rate and the total fee are reasonable.
2. The Court decertifies the conditionally certified collective action
described in its 11 August 2015 Order, NQ 32 at 3. The parties' settlement on
a broader scale moots the smaller group. And the Court certifies (finally, not
conditionally) the following group as a settlement collective action.

All former sales associates at any Hank's location who were

employed between 26 January 2013 and 26 January 2015, and who
didn't participate in the Department of Labor settlement for the
Bowman Road store in Little Rock, Arkansas.
3. The parties should implement the settlement with notice and

disbursement as soon as practicable. Joint status report about the settlement
administration due by 18 December 2015.

*

*

*

Motion, Ng 38, granted.
So Ordered.

(/

D .P. Marshall Jr.
United States District Judge

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