Selbe et al v. Peak Campus Management, LLC
Filing
108
ORDER REGARDING MOTION FOR PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT. The settlement is preliminarily approved. The notices are approved. The deadline to request exclusion, submit a claim form, and object is March 25, 201 6. No later than April 8, 2016, class counsel shall file a motion for final approval and the parties shall respond to any objections. The final approval hearing is set for April 29, 2016, at 9:00 a.m. Signed by Judge Maxine M. Chesney on December 30, 2015. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (mmclc1, COURT STAFF) (Filed on 12/30/2015)
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ERIC B. KINGSLEY, Bar No. 185123
eric@kingsleykingsley.com
LIANE KATZENSTEIN LY, Bar No. 259230
liane@kingsleykingsley.com
KINGSLEY & KINGSLEY, APC
16133 Ventura Boulevard, Suite 1200
Encino, CA 91436
Telephone: (818) 990-8300
Facsimile: (818) 990-2903
JOSHUA M. DAVID (Admitted Pro Hac Vice)
jdavid@davidkampfrank.com
NICHOLAS A. NUNES (Admitted Pro Hac Vice)
nanunes@davidkampfrank.com
DAVID, KAMP & FRANK, L.L.C.
739 Thimble Shoals Boulevard, Suite 105
Newport News, VA 23606
Telephone: (757) 595-4500
Facsimile: (757) 595-6723
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Attorneys for Plaintiffs
NICHOLAS SELBE, DANIEL GHYCZY,
MAKAELA O’CONNELL, and ANNIYA LOUIS,
on behalf of themselves and all others similarly
situated
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Counsel Continued on Next Page
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
NICHOLAS SELBE, DANIEL
GHYCZY, MAKAELA
O'CONNELL, and ANNIYA LOUIS
on behalf of themselves and others
similarly situated,
Plaintiffs,
v.
PEAK CAMPUS MANAGEMENT,
LLC,
Defendant.
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ORDER REGARDING MOTION FOR
PRELIMINARY APPROVAL OF CLASS AND
COLLECTIVE ACTION SETTLEMENT
Case No. 3:14-cv-3238-MMC
ORDER REGARDING MOTION FOR
PRELIMINARY APPROVAL OF
CLASS AND COLLECTIVE ACTION
SETTLEMENT
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Continued From Previous Page:
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ELIZABETH STAGGS WILSON, Bar No. 183160
estaggs-wilson@littler.com
LITTLER MENDELSON, P.C.
633 West 5th Street, 63rd Floor
Los Angeles, CA 90071
Telephone: (213) 443-4300
Facsimile: (213) 443-4299
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SHANNON R. BOYCE, Bar No. 229041
sboyce@littler.com
FATEMEH MASHOUF, Bar No. 288667
fmashouf@littler.com
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067
Telephone: (310) 712-7304
Facsimile: (310) 553-5583
Attorneys for Defendant
PEAK CAMPUS MANAGEMENT, LLC
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ORDER REGARDING MOTION FOR
PRELIMINARY APPROVAL OF CLASS AND
COLLECTIVE ACTION SETTLEMENT
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ORDER
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Plaintiff’s unopposed Motion for Preliminary Approval of Class and Collective
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Action Settlement (“Motion”) came on regularly for hearing on December 18, 2015, at
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9:00 a.m., in the United States District Court for the Northern District of California,
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the Honorable Maxine M. Chesney presiding. All parties were represented by counsel.
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Having considered the memoranda and declarations, oral arguments of counsel,
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and the relevant statutory and case law, the Court GRANTS Plaintiff’s Motion and
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orders and finds as follows:
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1.
The Parties’ proposed Stipulated Settlement Agreement of Class Action
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Claims (the “Settlement”) is preliminarily approved, and the Class Settlement Notice
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with Work Period Dispute Form for FLSA Class Members and the Class Settlement
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Notice with Claim Form for California Non-FLSA Class Members attached hereto as
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Exhibit 1 and Exhibit 2 are approved.
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2.
The following Class and Collective Action is certified for settlement
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purposes only pursuant to Federal Rules of Civil Procedure 23 and 29 U.S.C.
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§ 216(b):
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All persons who have submitted a “Consent to Join Collective Action”
in the instant Lawsuit prior to June 1, 2015 (“Opt-In Class Members”)
and all individuals employed in the State of California between
January 1, 2011 and August 1, 2014 who were employed in any of the
following “Covered Positions”: All Star; Community Advisor;
Community Assistant; Leasing All-Star; Work for Rent Leasing AllStar; or any combination thereof (“California Class Members”)
(collectively, “Class Members”).
3.
Plaintiffs’ attorneys, Joshua M. David of David, Kamp & Frank, L.L.C.
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and Eric B. Kingsley of Kingsley & Kingsley, APC are appointed Class Counsel, and
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Nicholas Selbe, Daniel Ghyczy, Makaela O'Connell, and Anniya Louis are appointed
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as the Class Representatives.
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ORDER REGARDING MOTION FOR
PRELIMINARY APPROVAL OF CLASS AND
COLLECTIVE ACTION SETTLEMENT
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4.
Simpluris is appointed as the Settlement Administrator.
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5.
No later than January 12, 2016, Defendant, with the input from Class
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Counsel contemplated in the Settlement, will provide the Class List to the Settlement
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Administrator.
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6.
On January 26, 2016, the Settlement Administrator shall send to the
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Class Members via United States First Class Mail and, where available, electronic
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mail, the Court-approved Class Settlement Notices, in the form that is attached hereto
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as Exhibit 1 and Exhibit 2.
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7.
No later than February 9, 2016, Class Counsel shall file, serve, and
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submit for posting on the Settlement Administrator’s website their motion for
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attorneys’ fees, litigation costs, and Enhancement Awards.
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8.
March 25, 2016 is the deadline for Class Members to postmark and send
to the Court written objections to the Settlement.
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March 25, 2016 is also the deadline for California Non-FLSA Class
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Members (as defined in the Settlement) to postmark and send, as applicable, written
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requests for exclusion and Claim Forms to the Settlement Administrator.
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10.
No later than April 8, 2016 Class Counsel shall file and serve their
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motion for Final Approval of Class and Collective Action Settlement and the parties
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shall file responses to any objections.
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11.
The final approval hearing is set for April 29, 2016 at 9:00 a.m.
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12.
The settlement is deemed filed as of the date of preliminary approval for
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purposes of providing notice to the appropriate officials pursuant to 28 U.S.C. § 1715.
IT IS SO ORDERED.
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Dated: December 30, 2015
MAXINE M. CHESNEY
United States District Judge
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ORDER REGARDING MOTION FOR PRELIMINARY
APPROVAL OF CLASS AND COLLECTIVE ACTION
SETTLEMENT
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