VENEGAS v. GLOBAL AIRCRAFT SERVICE INC et al

Filing 174

ORDER AUTHORIZING NOTICE OF CLASS ACTION SETTLEMENT granting in part 164 Motion for Approval of Settlement and Authorizing Notice of Class Action Settlement. By JUDGE NANCY TORRESEN. (MMB) Modified on 3/1/2017 to add full title of order (mnw).

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

CHRISTOPHER VENEGAS,
Plaintiff,
v.
GLOBAL AIRCRAFT SERVICE, INC.
and LUFTHANSA TECHNIK NORTH
AMERICA HOLDING CORP.,
Defendants

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) Docket No. 2:14-cv-249-NT
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ORDER AUTHORIZING NOTICE OF CLASS ACTION SETTLEMENT
The Plaintiffs have moved for an order approving their notice to the class and
have asked me to set the date for the final fairness hearing.1 In support of their
request for authorization of the class notice, the Plaintiffs have filed the Settlement
Agreement between the Plaintiffs and the Defendants and a proposed revised Notice
of Class Action Settlement. To ensure proper notice is provided to class members in
accordance with due process requirements, and to conduct a final approval hearing
as to the good faith, fairness, adequacy and reasonableness of any proposed
settlement, I hereby make the following determinations and orders:

The Plaintiffs have also moved for preliminary approval of their class action settlement. As is
customary in this district, I will reserve the determination of the proposed settlement’s fairness,
reasonableness, and adequacy until the final fairness hearing. See Michaud v. Monro Muffler Brake,
Inc., No. 2:12–cv–00353–NT, 2015 WL 1206490, *8 (D. Me. March 17, 2015); In re New Motor Vehicles
Canadian Export Antitrust Litig., 236 F.R.D. 53, 55-56 (D. Me. 2006).
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1. It appears that investigation, discovery, research, and litigation have been
conducted such that counsel for the parties at this time are able to reasonably
evaluate their respective positions. It further appears that settlement at this
time will avoid substantial costs, delay, and risks that would be presented by
the further prosecution of the litigation. It also appears that the proposed
Settlement Agreement has been reached as the result of informed negotiations
between the parties.
2. I have reviewed the Settlement Agreement and the proposed revised Notice
of Class Action Settlement. I find that the proposed revised Notice satisfies the
requirements of Rule 23(c)(2)(B) by clearly and concisely stating in plain, easily
understood language (i) the nature of the action; (ii) the definition of the Class
certified; (iii) the class claims and issues; (iv) that a class member may enter
an appearance through an attorney if the member so desires; (v) that the Court
will exclude from the Class any member who requests exclusion; (vi) the time
and manner for requesting exclusion; and (vii) the binding effect of a class
judgment on members under Rule 23(c)(3).
3. The Notice also satisfies Rule 23(c)(2)(B) and due process standards by
mailing individual notice to all identified class members. The Court finds that
mailing the Notice to the Class Members constitutes an effective method of
notifying Class Members of the case, the proposed settlement, and their rights
with respect to it. In accordance with the Settlement Agreement, the class
administrator shall mail the notice to the Class Members as expeditiously as

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possible, but in no event later than March 20, 2017. All mailings shall be made
to the present and/or last known mailing address of the Class Members. The
claims administrator shall confirm, and if necessary, update the addresses for
the

Class

Members

through

standard

methodology

that

the

class

administrator currently uses to update addresses. I AUTHORIZE the
proposed revised Notice of Class Action Settlement be mailed to the proposed
class members.
4. Any Class Member who desires to be excluded from the class (“opt-out”) must
send a written request for exclusion to the Court and the claims administrator
in the form described in the Notice. Any Class Member who submits a valid
and timely request for exclusion will not be bound by the terms of the
Settlement Agreement.
5. Any Class Member who desires to object to final approval of the Settlement
can send a written objection to the Clerk of Court, 156 Federal Street, Portland,
ME 04101.
6. Any party to this case, including Class Members, may appear at the Final
Fairness Hearing in person or by counsel, and may be heard to the extent
allowed by the Court, in support of or in opposition to, the Court’s
determination of the good faith, fairness, reasonableness and adequacy of the
proposed Settlement and any Order of Final Approval and Judgment.
7. All briefs in support of the proposed Settlement shall be served and filed
with the Court on or before May 31, 2017.

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8. The final fairness hearing to consider the fairness, adequacy and
reasonableness of the proposed Settlement shall be held on June 15, 2017 at
10:00 a.m. at the United States District Court for the District of Maine, Edward
T. Gignoux U.S. Courthouse, 156 Federal Street, Portland, Maine 04101.
SO ORDERED.
/s/ Nancy Torresen
United States Chief District Judge
Dated this 1st day of March, 2017.

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