Dent v. ITC Service Group, Inc. et al
Filing
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AMENDED ORDER Granting 22 Preliminary Approval of Class and Collective Action Settlement.Final Approval Hearing set for 6/26/2013 10:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 3/1/13. (Copies have been distributed pursuant to the NEF - EDS)
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
AMENDED
[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.
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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.
Filed 02/26/13 Page 3 of 5
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.
Filed 02/26/13 Page 4 of 5
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
June 26, 2013 at 10:00 A.M.
____________, 2013
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l.
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
15(b)
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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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Case 2:12-cv-00009-JCM -VCF Document 22-1
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Filed 02/26/13 Page 5 of 5
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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4849-9397-5826, v. 1
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