Syed, et al. v. M-I, L.L.C.

Filing 86

ORDER Setting Calendar Dates for a Settlement Implementation Schedule, signed by District Judge Dale A. Drozd on 2/27/2017. (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SARMAD SYED and ASHLEY
BALFOUR, individually, and on behalf of
all others similarly situated,

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Plaintiffs,
v.
M-I, L.L.C., a Delaware Limited Liability
Company, doing business as M-I SWACO,
and DOES 1 through 10, inclusive,

No. 1:12-cv-01718-DAD-MJS

ORDER SETTING CALENDAR DATES FOR
A SETTLEMENT IMPLEMENTATION
SCHEDULE
(Doc. No. 85)

Defendants.

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On February 22, 2017, the court granted plaintiffs’ motion for preliminary approval of

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class action settlement. (Doc. No. 84.) In that order, the court directed plaintiffs’ counsel “to

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submit a proposed order for the court’s consideration setting calendar dates for a settlement

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implementation schedule now that this order has issued.” (Id. at 24.) On February 27, 2017,

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plaintiffs’ counsel filed with the court a proposed order setting calendar dates for the settlement

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implementation schedule. (Doc. No. 85.) Accordingly, the court sets the following deadlines and

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implementation schedule:

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1) Within fourteen (14) business days after entry of the order granting preliminary approval

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of the settlement, no later than March 14, 2017, defendant M-I., LLC d/b/a M-I Swaco

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shall deliver the class list to the settlement administrator.
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2) Within fifteen (15) business days after receipt of the class list from defendant, no later

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than April 4, 2017, the settlement administrator will mail the notice of class action

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settlement, employment information sheet, notice of change of address form, and

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pre-printed return envelope (“Notice Packets”) to all identified class members via

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first-class regular U.S. Mail.

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3) California Rule 23 class members will have forty-five (45) calendar days from the initial

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mailing of the Notice Packet, no later than May 19, 2017 to postmark and return to the

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settlement administrator a valid and timely request for exclusion from the settlement.

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(Having opted into and consented to being a part of this litigation, FLSA class members

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do not have the option to request exclusion from the settlement.)
4) Any California Rule 23 class member who has not opted out of the class, and all FLSA

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class members who claim the settlement is not adequate, fair or reasonable, and wishes to

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object to the settlement, will have forty-five (45) calendar days from the initial mailing of

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the Notice Packet, no later than May 19, 2017 to file written objections with the court and

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to serve on counsel for plaintiffs and counsel for defendant postmarked by May 19, 2017.

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5) Those class members who submit valid and timely objections to the settlement may

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appear at the final approval hearing either in person or through the objector’s own

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counsel, provided the objector has notified class counsel and defendant’s counsel of his or

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her intention to appear at the final approval hearing on or before May 19, 2017, the time

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he or she submits the written notice of objection.

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6) If a class member disputes the number of work weeks or dates of employment shown in

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the employment information sheet, the class member must indicate the correct dates of

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employment and/or correct number of work weeks, and any information or documentation

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which supports their belief, and must date, sign and timely postmark the dispute no later

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than May 19, 2017, (forty-five (45) days after the administrator initially mails the Notice

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Packet).

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7) The court has set July 6, 2017 at 9:30 a.m. for the hearing on the motion for order granting

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final approval of class action settlement and entering judgment (“Motion); the motion,
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which shall include a request for class counsel’s attorneys’ fees and reimbursement of

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litigation costs, the plaintiff/class representatives service payment, and administration

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expenses, must be filed 28 calendar days prior to the hearing, on or before June 8, 2017.

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IT IS SO ORDERED.
Dated:

February 27, 2017
UNITED STATES DISTRICT JUDGE

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