Smith v. Newalta Environmental Services, Inc.

Filing 19

GRANTING UNOPPOSED MOTION TO CERTIFY CLASS AND APPROVE THE SETTLEMENT OF THIS FLSA COLLECTIVE ACTION AND UNOPPOSED MOTION FOR RULING APPROVING SETTLEMENT. SO ORDERED BY Judge Christine M. Arguello on 2/19/2015. (shart)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 13-cv-03507-CMA-CBS (Consolidated for all purposes with
Civil Action No. 14-cv-01037-CMA-CBS)

JOSEPH REID and
GORDON MILLER, on behalf of themselves and similarly situated employees,
Plaintiffs,
v.
NEWALTA ENVIRONMENTAL SERVICES, INC.,
Defendant.

ORDER GRANTING UNOPPOSED MOTION TO CERTIFY CLASS AND APPROVE
THE SETTLEMENT OF THIS FLSA COLLECTIVE ACTION AND
UNOPPOSED MOTION FOR RULING APPROVING SETTLEMENT

This matter is before the Court on Plaintiffs Joseph Reid and Gordon Miller’s
Unopposed Motion to Certify Class and Approve the Settlement of this Fair Labor
Standards Act (“FLSA”) Collective Action (Doc. # 55) and Consolidated Plaintiff Brian
Smith’s Unopposed Motion for Ruling Approving Settlement (Doc. # 58). Based on the
representations of the parties, the Court finds no dispute that the Settlement Agreement
was negotiated at arm's length and is a fair, equitable, and reasonable resolution of a
bona fide dispute in contested litigation. There being no assertions otherwise, the Court
so finds. Therefore, upon full consideration of the motions and all other papers and
proceedings herein, it is hereby ORDERED as follows:

1. Unopposed Motion to Certify Class and Approve the Settlement of this FLSA
Collective Action (Doc. # 55) is GRANTED.
2. Consolidated Plaintiff Brian Smith’s Unopposed Motion for Ruling Approving
Settlement (Doc. # 58) is GRANTED.
3. Final certification is warranted with respect to the FLSA collective consisting of
the 35 Plaintiffs listed in Paragraph 1.17 of the Settlement Agreement.
4. The Settlement Agreement and Release is APPROVED.
5. The request for approval of the parties’ agreement to make $150,000 in
settlement payments to Plaintiffs is APPROVED.
6. The request for approval of the parties’ agreement to pay attorney fees in the
amount of $88,000 is APPROVED.
7. The parties are directed to proceed with the administration of the settlement as
provided by the terms of the Settlement Agreement.
8. This action is DISMISSED WITH PREJUDICE, although the Court will retain
jurisdiction for the limited purpose of enforcing the settlement terms.

DATED: February

19 , 2015
BY THE COURT:

________________________________
CHRISTINE M. ARGUELLO
United States District Judge

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