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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1 2 3 4 5 6 7 8 9 10 11 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 13 Attorneys for Plaintiffs NICHOLAS SELBE, DANIEL GHYCZY, MAKAELA O’CONNELL, and ANNIYA LOUIS, on behalf of themselves and all others similarly situated 14 Counsel Continued on Next Page 12 15 UNITED STATES DISTRICT COURT 16 17 18 19 20 21 22 23 24 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. 25 26 27 28 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 1 2 Continued From Previous Page: 3 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 4 5 6 7 8 9 10 11 12 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 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER REGARDING MOTION FOR PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT 1 ORDER 2 3 Plaintiff’s unopposed Motion for Preliminary Approval of Class and Collective 4 Action Settlement (“Motion”) came on regularly for hearing on December 18, 2015, at 5 9:00 a.m., in the United States District Court for the Northern District of California, 6 the Honorable Maxine M. Chesney presiding. All parties were represented by counsel. 7 Having considered the memoranda and declarations, oral arguments of counsel, 8 and the relevant statutory and case law, the Court GRANTS Plaintiff’s Motion and 9 orders and finds as follows: 10 1. The Parties’ proposed Stipulated Settlement Agreement of Class Action 11 Claims (the “Settlement”) is preliminarily approved, and the Class Settlement Notice 12 with Work Period Dispute Form for FLSA Class Members and the Class Settlement 13 Notice with Claim Form for California Non-FLSA Class Members attached hereto as 14 Exhibit 1 and Exhibit 2 are approved. 15 2. The following Class and Collective Action is certified for settlement 16 purposes only pursuant to Federal Rules of Civil Procedure 23 and 29 U.S.C. 17 § 216(b): 18 19 20 21 22 23 24 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. 25 and Eric B. Kingsley of Kingsley & Kingsley, APC are appointed Class Counsel, and 26 Nicholas Selbe, Daniel Ghyczy, Makaela O'Connell, and Anniya Louis are appointed 27 as the Class Representatives. 28 ORDER REGARDING MOTION FOR PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT 1 2 4. Simpluris is appointed as the Settlement Administrator. 3 5. No later than January 12, 2016, Defendant, with the input from Class 4 Counsel contemplated in the Settlement, will provide the Class List to the Settlement 5 Administrator. 6 6. On January 26, 2016, the Settlement Administrator shall send to the 7 Class Members via United States First Class Mail and, where available, electronic 8 mail, the Court-approved Class Settlement Notices, in the form that is attached hereto 9 as Exhibit 1 and Exhibit 2. 10 7. No later than February 9, 2016, Class Counsel shall file, serve, and 11 submit for posting on the Settlement Administrator’s website their motion for 12 attorneys’ fees, litigation costs, and Enhancement Awards. 13 14 15 8. March 25, 2016 is the deadline for Class Members to postmark and send to the Court written objections to the Settlement. 9. March 25, 2016 is also the deadline for California Non-FLSA Class 16 Members (as defined in the Settlement) to postmark and send, as applicable, written 17 requests for exclusion and Claim Forms to the Settlement Administrator. 18 10. No later than April 8, 2016 Class Counsel shall file and serve their 19 motion for Final Approval of Class and Collective Action Settlement and the parties 20 shall file responses to any objections. 21 11. The final approval hearing is set for April 29, 2016 at 9:00 a.m. 22 12. The settlement is deemed filed as of the date of preliminary approval for 23 24 purposes of providing notice to the appropriate officials pursuant to 28 U.S.C. § 1715. IT IS SO ORDERED. 25 26 Dated: December 30, 2015 MAXINE M. CHESNEY United States District Judge 27 28 ORDER REGARDING MOTION FOR PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT

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