Greene v. Executive Coach & Carriage

Filing 344

ORDER Granting 336 Motion for Final Approval of Collective and Class Action Settlement. The Clerk of Court shall enter judgment accordingly. Signed by Chief Judge Gloria M. Navarro on 9/26/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:09-cv-00466-GMN-CWH Document 343 Filed 09/26/18 Page 1 of 3

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

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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
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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

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Plaintiffs,

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

vs.

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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,
Defendants.

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On September 21, 2018, this Court considered the Motion for Final Approval of Class

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Action Settlement. Counsel for Plaintiffs and Defendants appeared at the hearing. Having fully

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considered the Motion, comments of counsel, and all supporting legal authorities, the Court orders

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as follows:

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IT IS HEREBY ORDERED THAT:
1.

The Court adopts the defined terms in the Settlement Agreement.

2.

This Court has jurisdiction over the subject matter of this litigation and personal
-1ORDER GRANTING MOTION FOR FINAL APPROVAL OF
COLLECTIVE AND CLASS ACTION SETTLEMENT

Case 2:09-cv-00466-GMN-CWH Document 343 Filed 09/26/18 Page 2 of 3

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jurisdiction over the named-plaintiff, all settlement class members, and defendants.

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The Court confirms as final the following settlement class pursuant to Nev. R. Civ.

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P. 23(b)(2): “All Limousine Driver employees who worked for Jacob Transportation Services,

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LLC, doing business as Executive Las Vegas, at any time from March 10, 2006 through May 31,

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2018.”

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

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4.

The Court confirms the appointment of Robert Greene, Thomas Schemkes, and

Gregory Green as the Class Representatives and the enhancement payments of $20,000 to Robert
Greene and $5,000 each to Thomas Schemkes and Gregory Green.
5.

The Court confirms the appointment of Thierman Buck LLP as class counsel for

the settlement class and approves their requests for attorneys’ fees and litigation costs of

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$401,666.67 and $80,000, respectively.
6.

The class notice was distributed to class members, pursuant to this Court’s orders,

and fully satisfied the requirements of Nev. R. Civ. P. 23 and any other applicable law.
7.

Pursuant to Nev. R. Civ. P. 23(e), the Court grants final approval to this settlement

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and finds that the settlement is fair, reasonable, and adequate in all respects, including the

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attorneys’ fees, costs, and incentive award provisions. The Court specifically finds that the

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settlement confers a substantial benefit to settlement class members, considering the strength of

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plaintiffs’ claims and the risk, expense, complexity, and duration of further litigation. The

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response of the class supports settlement approval. No class members objected to the settlement

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and only three (3) requested exclusion from the settlement. The Court further finds that the

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Settlement is the result of arms-length negotiations between experienced counsel representing the

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interests of both sides, which supports approval of the settlement in accordance with the standards

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set forth in the joint motion for final approval of settlement.

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8.

The Court finds that, as of the date of this Order, each and every class member has

waived and released claims as set forth in the Settlement Agreement and Notice of Class Action
Settlement.
9.

The Court finds that the settlement administrator Simpluris is entitled to $40,000
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COLLECTIVE AND CLASS ACTION SETTLEMENT

Case 2:09-cv-00466-GMN-CWH Document 343 Filed 09/26/18 Page 3 of 3

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for administrative fees.
10.

The Court directs the Parties to effectuate the settlement terms as set forth in the

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Settlement Agreement and the settlement administrator to calculate and pay the claims of the class

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members in accordance with the terms set forth in the Settlement Agreement.

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

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11.

The Court finds that the following individuals are not included in the class and are

expressly excluded from the settlement: (1) Patrick Nixon because his claim form was
incomplete; (2) Mensur Maruff because he was not employed with the company during the
relevant time period; (3) Abay Gebremariam because he did not meet the extension deadline; (4)
Tadele Wolderiam because he was a shuttle bus driver and does not qualify for the class; and (5)

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Shimelis Wube because he was a shuttle bus driver and does not qualify for the class.
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12.

The Court further finds that the following individuals are included in the class: (1)

Ellen Russell; (2) Vally Grigore, who is deceased, but his estate will be included in the class; (3)
Francine Ferrero, who the Court finds has proof that she timely submitted her claim form; and (4)

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Jon Ferguson, who was sent the appropriate documents to his last known address and he failed to

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provide notice to the parties of his change his address and to submit a claim form before the

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deadline, but the Court will allow him to submit his claim form, because he came to court, with

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his current address, email, and/or phone number no later than October 3, 2018, 5:00 p.m. Pacific

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Standard Time.

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13.

Pursuant to the Settlement Agreement, Defendants shall fund the settlement by

April 21, 2019.
14.

The Court retains jurisdiction to enforce the terms of the settlement, including the

payment of the settlement fund.
The Clerk of Court shall enter judgment accordingly.

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IT IS SO ORDERED.
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DATED this _____ day of September, 2018.

Gloria M. Navarro, Chief Judge
United States District Court

-3ORDER GRANTING MOTION FOR FINAL APPROVAL OF
COLLECTIVE AND CLASS ACTION SETTLEMENT