Dent v. ITC Service Group, Inc. et al

Filing 24

ORDER Granting 22 Unopposed Motion for Approval of Class and Collective Action Settlement. Signed by Judge James C. Mahan on 03/01/2013. (Copies have been distributed pursuant to the NEF - AC)

Case 2:12-cv-00009-JCM -VCF Document 22-1

Filed 02/26/13 Page 1 of 5

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DAVID DENT, Individually and on behalf
of a class of all similarly situated persons,
Plaintiffs,

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v.

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Case No. 2:12-cv-00009-JCM-VCF
[PROPOSED] ORDER GRANTING
PRELIMINARY APPROVAL OF CLASS
AND COLLECTIVE ACTION
SETTLEMENT

ITC SERVICE GROUP, INC., TIM SAUER,
KEVIN CAPPS, AND PATTI
SANDERSON, Defendants.
Complaint Filed: January 4, 2012
Trial Date:
None Set

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TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:

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

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March 1
Court, the Honorable James C. Mahan presiding, on ________________, 2013. The Court

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

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ORDERS THE FOLLOWING:

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1.

The Court grants preliminary approval of the Settlement and the Settlement Class

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pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure (“FRCP”), and conditional

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certification under 29 U.S.C. 216(b) of the Fair Labor Standard Act (“FLSA”), based upon the

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terms set forth in the Joint Stipulation of Settlement and Release filed herewith (“Preliminary
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Case 2:12-cv-00009-JCM -VCF Document 22-1

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Filed 02/26/13 Page 2 of 5

Approval Order”). The Settlement appears to be fair, adequate and reasonable to the Class.

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2.

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

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

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and final approval by this Court.

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3.

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

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attorneys’ fees to Class Counsel, and the Class Representative’s Enhancement Award should be

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finally approved as fair, reasonable and adequate as to the members of the Class is scheduled in

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Courtroom 3A on the date and time set forth in the implementation schedule in Paragraph 10

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below.

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4.

The Court approves, as to form and content, the Notice of Pendency of Class

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Action, Proposed Settlement and Hearing Date for Court Approval (“Notice of Pendency of Class

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Action”), in substantially the form attached to the Joint Stipulation of Settlement and Release

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Between Plaintiff and Defendants as Exhibit A, and the Opt In and Claim Form (“Claim Form”)

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in substantially the form attached thereto as Exhibit B. The Court approves the procedure for

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Class Members to participate in, to opt into, to exclude themselves from, and to object to, the

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Settlement as set forth in the Notice of Pendency of Class Action.

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5.

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

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Proposed Settlement, and the Claim Form by first class mail to the Class Members in accordance

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with the Implementation Schedule set forth below. The Court finds the dates selected for the

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mailing and distribution of the Notice and the Claim Form, as set forth in the Implementation

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Schedule, meet the requirements of due process and provide the best notice practicable under the

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

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6.

It is ordered that the Settlement Class is preliminarily certified for settlement

purposes only.
7.

The Court confirms Plaintiff David Dent as Class Representative, and Leon

Greenberg of the Leon Greenberg Professional Corporation as Class Counsel.
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The Court confirms Simpluris, Inc. as the Settlement Administrator.

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Case 2:12-cv-00009-JCM -VCF Document 22-1

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9.

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

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hereby enjoins Plaintiff and all Class Members from filing or prosecuting any claims, suits or

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administrative proceedings regarding claims released by the Settlement unless and until such

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Class Members have filed valid Requests for Exclusion with the Settlement Administrator and the

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time for filing claims with the Settlement Administrator has elapsed.

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10.

The Court orders the following Implementation Schedule for further

proceedings:

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Deadline for Defendants to submit

21 calendar days after Preliminary

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Class Member information to

Approval Order

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Settlement Administrator

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a.

Deadline for Settlement Administrator

30 calendar days after Preliminary

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to mail the Notice and Claim Form to

Approval Order

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Class Members

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b.

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45 calendar days after mailing of the

Postmark Claim Forms

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Deadline for Class Members to

Notice and Claim Form to Class

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Members
Deadline for Class Members to

45 calendar days after mailing of the

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postmark any Requests for Exclusions

Notice to Class Members

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from the Rule 23 Class

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d.

Deadline for Class Members to

45 calendar days after mailing of the

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postmark any objections to the

Notice to Class Members

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Settlement

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e.

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Deadline for Class Members to

45 calendar days after mailing of the

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postmark any disputes of Hours

Notice to Class Members

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Recorded

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Case 2:12-cv-00009-JCM -VCF Document 22-1

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Deadline for Class Counsel to file

30 calendar days before Final

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Motion for Final Approval of

Approval Hearing

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Settlement

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g.

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Deadline for Class Counsel to file

30 calendar days before Final

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Motion for Attorneys’ Fees, Costs and

Approval Hearing

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Enhancement Awards

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h.

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Deadline for Class Counsel to file

16 calendar days before Final

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Settlement Administrator’s Declaration Approval Hearing

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of Due Diligence, Proof of Mailing of

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Notice, and Receipt of Objections to

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Settlement or Requests for Exclusion

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from Rule 23 Class

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j.

Deadline for Defendants to provide

10 calendar days before Final

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written notice of rescission of

Approval Hearing

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Settlement to Class Counsel (if

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applicable)

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k.

Final Approval Hearing

____________, 2013

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Deadline for Defendants to pay, and

21 calendar days after Settlement is

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the Settlement Administrator to

Final and Effective under Paragraph

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distribute, the Settlement Awards, and

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the Court-approved attorneys’ fees,

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costs, Enhancement Award and

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settlement administration expenses (if

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Settlement is Effective)

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m.

Settlement Administrator to File Proof

90 calendar days after Effective

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of Payment of Settlement Awards,

Date, as such term is defined in the

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Enhancement Award, Attorneys’ Fees

Stipulation of Settlement

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and Costs (if Settlement is Effective)

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n.

Deadline for Class Counsel to file joint 120 calendar days after issuance of

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request for opt-in Class Members to be

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FLSA Plaintiffs covered by and bound

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to the Settlement (if Settlement is

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Effective)

the Settlement Awards

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IT IS SO ORDERED.

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March 1, 2013
Dated: ________________

HON. JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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-1989-24

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4849-9397-5826, v. 1

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