Armijo v. Star Farms, Inc. et al

Filing 79

ORDER ON JOINT MOTION FOR PRELIMINARY APPROVAL OF COLLECTIVE AND CLASS ACTION SETTLEMENT: The Court hereby GRANTS the Joint Motion for Preliminary Approval of Proposed Class Action Settlement 72 and Supplement to the Joint Motion for Preliminary Approval 78 subject to any conditions set forth in this Order. by Chief Judge Marcia S. Krieger on 2/9/16.(msksec, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Marcia S. Krieger
Civil Action No. 14-cv-01785-MSK-MJW
JUANA ARMIJO, and those similarly situated,
Plaintiff,
v.
STAR FARMS, INC.; and
ANGELO PALOMBO,
Defendants.

ORDER ON JOINT MOTION FOR PRELIMINARY APPROVAL OF
COLLECTIVE AND CLASS ACTION SETTLEMENT

This MATTER comes before the Court on the parties’ Joint Motion for Preliminary
Approval of Proposed 29 U.S.C. § 216(b) Collective and Fed. R. Civ.P. 23 Class Action
Settlement (#72) and the Plaintiff’s Supplement to Joint Motion for Preliminary Approval of
Proposed 29 U.S.C. § 216(b) and Fed. R. Civ. P. 23 Class Action Settlement (#78).
Plaintiffs in this case are migrant farm workers who were employed by Defendants Star
Farms, Inc. and Angelo Palombo (collectively, “Star Farms”). The named Plaintiffs, Ms. Juana
Armijo and Mr. Apolinar Valenzuela Ramos, brought a collective action under 29 U.S.C. § 216(b)
for violations of the Fair Labor Standards Act (FLSA) and a class action under Fed. R. Civ. P.
23(e)(1)(B) for violations of the Agricultural Worker’s Protection Act (AWPA) on behalf of
themselves and others similarly-situated.
After a settlement conference with the Magistrate Judge, the Plaintiffs and Star Farms
reached an agreement whereby Star Farms would make a series of payments into a fund to be
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distributed incrementally to putative class members who file a claim.
In the Joint Motion for Preliminary Approval, the parties requested the Court certify this
matter as an FLSA collective action, and the parties sought a Court order approving the Settlement
Agreement (#72-1), as well as their Proposed Notice Form (#72-2), Claim Form (#72-3), and
Opt-Out Form (#72-4). Upon reviewing the parties’ submissions, the Court set a hearing to
address concerns with the Proposed Notice and objections procedures. At the hearing, the Court
granted certification as a Rule 23 class action (#75). As for designation as an FLSA collective
action, the Court temporarily denied the motion and directed the parties to file a Supplement to the
Joint Motion for Preliminary Approval. After review of the Supplement to the Motion, the Court
GRANTS the Joint Motion for Preliminary Approval subject to the following conditions.
The Court finds that a sufficient showing has been made to designate this action as an
FLSA collective action. The Court finds that the putative collective action members are
similarly-situated, and, having reviewed the Settlement Agreement, believes it is the product of
informed negotiations, does not treat certain putative members preferentially, and has no
remaining obvious inadequacies. The Court is likewise satisfied that the Notice, Claim Form, and
Opt-Out form are sufficient (#78-1, 78-2, 78-3) and Plaintiffs may distribute the Notice by the
means proposed in the Supplement to the Joint Motion for Preliminary Approval. A copy of this
Order shall be included with the Notice. By this Order, the Court adopts and incorporates the
following deadlines proposed by the parties:

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Deadline

Event
Defendants will provide to the Settlement
Administrator a list, in electronic form, of the
names, last known addresses, and Social
Security numbers (if known) of all putative
Settlement Class members during the applicable
class period. Defendants shall also provide a
copy of this information to Plaintiffs’ counsel.

Within twenty-one (21) calendar days of the
Preliminary Approval Date

Plaintiffs will supply the Settlement
Administrator with a list of the minimum
amounts due to each Settlement Class Member.
The Settlement Administrator shall mail notice
of this Settlement to all putative Settlement
Class Members by first-class mail in the form
approved by the Court.
The Settlement Administrator shall place an ad
in the legal notices section of El Semanario
newspaper consisting of a summary of the
Class Notice and Plaintiffs’ counsel’s contact
information. This notice shall run for at least
two weeks.
Any opt-outs and claims must be post-marked
or received by the Settlement Administrator.
Any objections must be post-marked or
received by the Court or the Settlement
Administrator.
The Settlement Administrator shall report to
the Parties concerning the identity of each
potential Settlement Class Member who has
filed a claim, each who has objected, and each
who has opted out.
The parties shall file a Joint Motion with the
Court for Final Approval of the Settlement and
to confirm the date of a Final Fairness Hearing.
Suggested date for Final Approval and
Fairness Hearing

Within thirty-five (35) calendar days of the
Preliminary Approval Date.
Within fifty-six (56) calendar days of the
preliminary approval date.

Within twenty-eight (28) calendar days after
June 1, 2016

November 4, 2016
November 4, 2016

On or before December 1, 2016

Within twenty-one (21) calendar days of the
receipt of the Settlement Administrator report
After January 1, 2017

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The Court hereby GRANTS the Joint Motion for Preliminary Approval of Proposed Class
Action Settlement (#72) and Supplement to the Joint Motion for Preliminary Approval (#78)
subject to any conditions set forth in this Order.
DATED this 9th day of February, 2016.
BY THE COURT:

Marcia S. Krieger
United States District Court

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