Garcia et al v. Tyson Foods, Inc. et al
MEMORANDUM AND ORDER granting 1133 plaintiffs' Motion to Alter Judgment. Signed by Chief Judge J. Thomas Marten on 4/2/15. (mss)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ADELINA GARCIA, et al.,
Case No. 06-2198-JTM
TYSON FOODS, INC. and
TYSON FRESH MEATS, INC.,
MEMORANDUM AND ORDER
Before the court is plaintiffs’ unopposed Motion for Approval of Proposed Plan
of Allocation (Dkt. 1133) of the judgment awarded for claims relating to defendants’
Finney County, Kansas, facility. Plaintiffs now move for approval of their proposed
plan of allocation, which would make the judgment in this case final.
A judgment awarding damages to a class is not finally decided until such
judgment provides for the allocation of damages among the class members and the
disposition of any unclaimed funds. Strey v. Hunt Int’l Res. Corp., 696 F.2d 87, 88 (10th
Cir. 1985). Plaintiffs’ proposed plan (Dkt. 1133) satisfies the requirements set forth in
Strey. For good cause shown, the court approves plaintiffs’ allocation plan.
The Third-Party Administrator and Class Counsel are directed to proceed with
the allocation and distribution of the judgment funds to the FLSA Opt-In plaintiffs and
Rule 23 State Law Class as provided in plaintiffs’ allocation plan. The Third-Party
Administrator and Class Counsel shall report to the court from time to time to advise
the court of their progress in discharging responsibilities of allocation under this Order,
on such occasions and at such intervals as the Third-Party Administrator and Class
Counsel may deem appropriate or as directed by the court.
The court’s entry of judgment (Dkt. 1046), as amended (Dkt. 1098), is further
amended by the approval of the plan of allocation (Dkt. 1133), representing a final
judgment in this matter.
IT IS ACCORDINGLY ORDERED this 2nd day of April, 2015, that plaintiffs’
Motion (Dkt. 1133) is GRANTED.
s\ J. Thomas Marten
J. THOMAS MARTEN, JUDGE
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