Greene v. Executive Coach & Carriage

Filing 330

ORDER Granting Preliminary Approval of Class Action Settlement. Signed by Chief Judge Gloria M. Navarro on 6/26/2018. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6
7

Mark R. Thierman, Nev. Bar No. 8285
[e-mail]
Joshua D. Buck, Nev. Bar No. 12187
[e-mail]
Leah L. Jones, Nev. Bar No. 13161
[e-mail]
THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, Nevada 89511
Tel. [phone]
Fax. [phone]
Attorneys for Plaintiffs

THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.thiermanbuck.com

8

James J. Jimmerson, Nev. Bar No. 264
[e-mail]
Kevin Hejmanowski
[e-mail]
JIMMERSON LAW FIRM
415 S. Sixth St., Suite 100
Las Vegas, NV 89101
Tel. [phone]
Fax. [phone]
Attorneys for Defendants

UNITED STATES DISTRICT COURT

9
DISTRICT OF NEVADA

10
11
12
13

ROBERT GREENE, THOMAS
SCHEMKES, and GREGORY GREEN on
behalf of themselves and all others similarly
situated,
Plaintiffs,

14
15
16
17
18
19

Lead Case No.: 2:09-CV-00466-GMN-CWH
Consolidated with:
Member Case No. 2:11-CV-00355-JAD-NJK
ORDER GRANTING PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT

vs.
JACOB TRANSPORTATION SERVICES,
LLC, a Nevada Corporation, doing business
as Executive Las Vegas; JAMES
JIMMERSON, an individual, CAROL
JIMMERSON, an individual, and Does 1
through 50, inclusive,

20

Defendants.

21
22

TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:

23

The Application for Preliminary Approval of a Class Action Settlement came before this

24

Court, the Honorable Gloria M. Navarro presiding, on June 26, 2018. This Court, having

25

considered the papers submitted in support of the application of the parties, HEREBY ORDERS

26
27
28

THE FOLLOWING:
1.

This Court grants preliminary approval of the Settlement and the Settlement
Classes based upon the terms set forth in the Joint Stipulation of Settlement and
-1PRELIMINARY APPROVAL ORDER

1

Release between Plaintiffs and Defendants (“Stipulation of Settlement”) filed

2

herewith. The Settlement appears to be fair, adequate and reasonable to the Class.

3

2.

The Settlement falls within the range of reasonableness and appears to be

4

presumptively valid, subject only to any objections that may be raised at the final

5

fairness hearing and final approval by this Court.

6

3.

7

attorneys’ fees to Class Counsel, and the Class Representatives Enhancement

8
THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.thiermanbuck.com

A final fairness hearing on the question of whether the proposed Settlement,

Awards should be finally approved as fair, reasonable and adequate as to the

9

members of the Class is scheduled in accordance with the Implementation

10
Schedule set forth below.
11
12

4.

This Court approves, as to form and content, the Notice of Pendency of Class
Action, Proposed Class Action Settlement, and Hearing Date for Court Approval

13

(“Notice of Pendency of Class Action”), in substantially the form attached to the

14

Stipulation of Settlement as Exhibit A, and the Claim Form in substantially the

15
16

form attached thereto as Exhibit B. This Court approves the procedure for Class

17

Members to participate in, to opt out of and to object to, the Settlement as set forth

18

in the Notice of Pendency of Class Action.

19

5.

This Court directs the mailing of the Notice of Pendency of Class Action and

20

Proposed Settlement, and the Claim Forms by first class mail to the Class

21

Members in accordance with the Implementation Schedule set forth below. This

22

Court finds the dates selected for the mailing and distribution of the Notice and

23

the Claim Form, as set forth in the Implementation Schedule, meet the

24

requirements of due process and provide the best notice practicable under the

25

circumstances and shall constitute due and sufficient notice to all persons entitled

26
27
28

thereto.
6.

It is ordered that the Settlement Class is preliminarily certified for settlement
purposes only.
-2PRELIMINARY APPROVAL ORDER

1

7.

2

This Court confirms Plaintiffs Robert Greene, Thomas Schemkes, and Gregory
Green as Class Representatives and Thierman Buck, LLP as Class Counsel.

3

8.

This Court confirms Simpluris as the Claims Administrator.

4

9.

To facilitate administration of the Settlement pending final approval, this Court

5

hereby enjoins Plaintiffs and all Class Members from filing or prosecuting any

6

claims, suits or administrative proceedings (including filing claims with the

7

Nevada Office of the Labor Commissioner) regarding claims released by the

THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.thiermanbuck.com

8

Settlement unless and until such Class Members have filed valid Requests for

9

Exclusion with the Claims Administrator and the time for filing claims with the

10
Claims Administrator has elapsed.
11
10.

12

proceedings:

13
14

This Court orders the following Implementation Schedule for further

/ / /

15

/ / /

16

/ / /

17
18
19
20
21
22
23
24
25
26
27
28

-3PRELIMINARY APPROVAL ORDER

1

a.

2
3

b.

4
5
6

c.

Deadline for Defendants
to Submit Class Member
Information to Claims
Administrator
Deadline for Claims
Administrator to Mail the
Notice and the Claim Form
to Class Members
Deadline for Class Members
to Postmark Claim Forms

7

THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.thiermanbuck.com

8
9

d.

Deadline for Class Members
to Postmark Requests for
Exclusions

e.

Deadline for Receipt by Court
and Counsel of any Objections
to Settlement

f.

Deadline for Class Counsel to
file Motion for Final
Approval of Settlement,
Attorneys’ Fees, Costs, and
Enhancement Award
Deadline for Class Counsel to
File Declaration from Claims
Administrator of Due
Diligence and Proof of
Mailing
Final Fairness Hearing
and Final Approval
Deadline for Defendants
to Fund Settlement
Account maintained by
Claims Administrator
Deadline for Claims
Administrator to wire transfer
the Attorneys’ Fees and Costs
to Class Counsel (if
Settlement is Effective)

10
11
12
13
14
15
16
17
18

g.

19
20
21

h.
i.

22
23
24
25
26

j.

July 6, 2018, by 5:00
p.m. [10 calendar days
after Order granting
Preliminary Approval]
July 10, 2018
[14 calendar days after
Order granting
Preliminary Approval]
August 9, 2018
[30 calendar days after
initial mailing of the
Notice and Claim Form
to Class Members]
August 9, 2018
[30 calendar days after
initial mailing of the
Notice and Claim Form
to Class Members]
August 9, 2018
[30 calendar days after
initial mailing of the
Notice and Claim Form
to Class Members]
September 10, 2018
[7 calendar days before
Final Approval Hearing]

September 10, 2018
[7 calendar days before
Final Approval Hearing]
Monday, September 17,
2018 at 2:30 p.m. in
Courtroom 22, 2018
September 7D
[5 calendar days
after Effective
Date]
October 1, 2018
[5 calendar days after
Defendants Fund
Settlement Account]

27
28

-4PRELIMINARY APPROVAL ORDER

k.

Deadline for Claims
Administrator to mail the
Settlement Awards to Class
Members and the Enhancement
Awards to Class
Representatives (if Settlement
is Effective)

October 2, 2018
[10 days after
Defendants Fund
Settlement Account]

l.

Claims Administrator to File
Proof of Payment of Settlement
Awards, Enhancement Award,
Attorneys’ Fees and Costs (if
Settlement is Effective)

December 17, 2018
[90 calendar days after
Effective Date]

1
2
3
4
5
6
7

THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.thiermanbuck.com

8

IT IS SO ORDERED.

9
10

26
Dated this _____day of June, 2018.

11
12

Gloria M. Navarro, Chief Judge
United States District Court

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-5PRELIMINARY APPROVAL ORDER