Hose v. Henry Industries, Inc.

Filing 251

MEMORANDUM AND ORDER granting 248 Motion for Settlement. Please see order for details. Signed by District Judge J. Thomas Marten on 01/03/2018. (aa)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

RICHARD FRICK on behalf of himself and
other similarly situated individuals,
Plaintiffs,
vs.

Case No. 13-2490-JTM

HENRY INDUSTRIES, INC.,
Defendant.

MEMORANDUM AND ORDER
This FLSA collective action alleging unpaid overtime compensation has been
resolved by agreement, and the matter is before the court on the plaintiffs’ motion for an
order approving the Settlement Agreement (Dkt. 249-5) and otherwise resolving the issues
in the case. Having reviewed the pleadings, the court hereby certifies the collective action
for settlement purposes, and approves the Settlement Agreement and its provisions as fair,
appropriate and reasonable.
The court finds that the aggregate payment by defendant Henry Industries is fair
and reasonable; the proposed allocation of the settlement proceeds is also fair, reasonable
and appropriate. (Dkt. 249-8). Accordingly, the court hereby directs distribution of
settlement notice to plaintiffs (Dkt. 249-1), and disbursement of settlement funds to
plaintiffs who do not opt-out of the settlement.

In addition, the court approves payment of $53,333.33 in attorney fees to class
counsel, $26,228.29 for expenses, and $2000 as plaintiff Frick’s service payment.
The Motion for Settlement Approval by Plaintiff (Dkt. 248) is granted.
IT IS SO ORDERED this 3rd day of January, 2018.

___s/ J. Thomas Marten______
J. THOMAS MARTEN, JUDGE