Cortez et al v. Nebraska Beef

Filing 394

ORDER GRANTING FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT. The Court grants final approval of the parties' Settlement Agreement and Release. The Claims Administrator is hereby ordered to disburse the Gross Settlement Amount as set forth in the Settlement Agreement. The parties are directed to comply with the terms of the Settlement Agreement. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDT Ordered by Judge Joseph F. Bataillon. (TEL)

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IN THE UNITED STATES DISTRICT COURT t \.
FOR THE DISTRICT OF NEBRASKA
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FERMIN CORTEZ, et al., on behalf of
themselves and aU other similarly
situated individuals,

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8:08CV90

v.
NEBRASKA BEEF, INC., and
NEBRASKA BEEF, LTD.,
Defendants.

8:08CV99

Plaintiff,

v.

NEBRASKA BEEF, LTD.,

Defendant.

ORDER GRANTING FINAL APPROVAL
OF CLASS AND COLLECTIVE ACTION SETTLEMENT
The Parties in this action have submitted a Joint Motion for Final Approval of Class and
Collective Action Settlement. Upon consideration of the motion, as well as the declaration
submitted by Rust Consulting, Inc., ("Rust") in support of the motion; the parties' prior briefing
regarding the settlement; the notices to class members; all other settlement documents and the
pleadings in the case as a whole; and any argument at the Final Fairness Hearing, and having
concluded that the settlement and accompanying notices appear to be fair, reasonable, and in the
best interest of the class, the Court hereby enters the following order:

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Plaintiffs,

DAVID CHUOL, on behalf of himself
and aU other similarly situated
individuals,

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IT IS HEREBY ORDERED THAT:
1.

The Court grants final approval of the parties' Settlement Agreement and Release

("Settlement Agreement") attached as Exhibit A to the Declaration of Shanon J. Carson
Authenticating Exhibits filed with the parties' May 14, 2012 Joint Motion for Final Approval of
Class and Collective Action Settlement. The Court finds that the manner and form of notice as
set forth in the Settlement Agreement was provided to class members as ordered by the Court.
The Court finds that the manner and form of notice as set forth in the Settlement Agreement and
approved and ordered by the Court is reasonably calculated to give actual notice to class
members of the fact of settlement and the right to receive settlement benefits, to be excluded
from the settlement, and raise objections to the Settlement Agreement.
2.

The Court further finds that the Settlement Agreement was reached following

meaningful discovery and investigation conducted by Class Counsel; the Settlement Agreement
is a result of adversarial, arms' -length negotiation between the parties; and the terms of
settlement in all respects are fair, adequate, and reasonable. In so finding, the Court considered
evidence presented regarding the merits of the Plaintiffs' case, the risk, expense and complexity
of the claims presented, the likely duration of further litigation, the amount offered in settlement,
the extent of investigation and discovery completed, and the experience and views of Class
Counsel.

The Court further considered the total absence of objections and one request for

exclusion to the proposed settlement by Class Members.
3.

The request for final certification of the following Nebraska State Claims Class

and the FLSA Collective Class is GRANTED pursuant to Fed. R. Civ. P. 23 and 29 U.S.c.
§ 216(b):
All current and former non-exempt, hourly production and support employees
who have been employed at any time by Nebraska Beef, Ltd. and/or Nebraska

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Beef, Inc. at the Omaha, Nebraska processing facility during the time period from
March 4, 2004 to the date the settlement is preliminary approved, and who used
personal protective equipment.
4.

The Court finds that the proposed classes are sufficiently numerous such that

resolution of the Plaintiffs' claims on a class basis promotes efficient judicial administration and
is therefore warranted.

The Court appoints Berger & Montague, P.C., Schneider Wallace

Cottrell Brayton Konecky LLP, The Downey Law Firm, LLC and Welsh & Welsh, PC LLO as
Class Counsel for the Settlement Class.
5.

The Court grants Plaintiffs' request for attorneys' fees to Class Counsel in the

amount of $1,299,999.80.

The Court finds that the requested fees are fair, adequate and

reasonable based on the evidence presented by Class Counsel of the efforts they made to bring
this case to a favorable resolution on behalf of the Class.
6.

The Court grants Plaintiffs' request for reimbursement of costs and expenses in

the amount of $580,000.92.

The Court finds that the costs incurred by Class Counsel are

reasonable and necessary based on evidence presented of expenses incurred and settlement
results achieved.
7.

The Court grants Plaintiffs' request for service awards of $5,000.00 each to each

of the named Plaintiffs who gave depositions and individual service awards of $2,500 to each
Class member who gave a deposition in this case. The Court finds that these service awards are
fair and reasonable based on the assistance that the Named Plaintiffs and Class members
provided to Class Counsel on behalf of the Class.
8.

The Court also finds that the designated 0' pres recipient, The Employee Rights

Advocacy Institute For Law & Policy, is reasonable and appropriate.

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9.

The Claims Administrator, Rust Consulting, Inc., is hereby ordered to disburse

the Gross Settlement Amount as set forth in the Settlement Agreement.
10.

The parties are directed to comply with the terms of the Settlement Agreement.

The Court shall retain jurisdiction and oversight of these settlement proceedings, and shall enter
a dismissal of the action on request of the parties at the conclusion of the administration of the
Settlement Agreement.
Entered this 17th day of May, 2012.

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