Lewis v. Cosmopolitan Hotels & Resorts Inc.

Filing 158

ORDER Granting Plaintiff's 154 Motion for Preliminary Approval of Class Action Settlement (see Order for deadlines). Signed by Judge Richard F. Boulware, II on 8/12/2015. (Copies have been distributed pursuant to the NEF - SLD)

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Elayna J. Youchah, Bar No. 5837
[e-mail]
Peter D. Navarro, Bar No. 10168
[e-mail]
JACKSON LEWIS P.C.
3800 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]

Attorneys for Defendant
Nevada Property 1 LLC

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Mark R. Thierman, Nev. Bar No. 8285
Joshua D. Buck, Nev. Bar No. 12187
Leah L. Jones, Nev. Bar No. 13161
THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, Nevada 89511
Tel. [phone]
Fax. [phone]
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DARLENE LEWIS, on behalf of herself
and all others similarly situated,

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Plaintiff,
vs.

ORDER GRANTING PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT

NEVADA PROPERTY 1 LLC, d/b/a The
Cosmopolitan of Las Vegas; and DOES 1
through 50, inclusive,
Defendants.

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Case No.: 2:12-cv-01564-RFB-GWF

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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Court, the Honorable Judge Richard F. Boulware, II, presiding, on August 7, 2015. This 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.

This Court grants preliminary approval of the settlement based upon the terms set
forth in the Joint Stipulation of Settlement and Release between Plaintiff and

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1
[Proposed] Order Granting Preliminary Approval of Class Action Settlement

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Defendant (“Stipulation of Settlement”) filed herewith. The settlement appears to

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be fair, adequate and reasonable to the Class.
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presumptively valid, subject only to any objections that may be raised at the final

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fairness hearing and final approval by this Court.
3.

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Enhancement Awards should be finally approved as fair, reasonable and adequate

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as to the members of the Class is scheduled in accordance with the schedule set forth

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below.
4.

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opt-in and non-opt-in Class Members (“Notices of Pendency of Class Action”), in

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substantially the form attached to the Stipulation of Settlement as Exhibits D and F;

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(ii) the Claim and Consent Form, in substantially the form attached thereto as

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Exhibit A; and (iii) the Exclusion Form, in substantially the form attached thereto

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as Exhibit G. This Court approves the procedure for Class Members to participate

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in, to opt out of and to object to, the settlement as set forth in the Notices of Pendency

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This Court approves, as to form and content: (i) the Notices of Pendency of Class
Action, Proposed Class Action Settlement, and Hearing Date for Court Approval for

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A final fairness hearing on the question of whether the proposed settlement,
attorneys’ fees to Class Counsel, and the Class Representative and Class Deponent

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

of Class Action.
5.

This Court directs the mailing of the Notices of Pendency of Class Action, Claim
and Consent Form, and the Exclusion Form by first class mail to the Class Members
in accordance with Stipulation of Settlement and the schedule set forth below. This
Court finds the dates selected for the mailing and distribution of the Notices of
Pendency of Class Action, Claim and Consent For, and the Exclusion Form, as set
forth in the schedule, meet the requirements of due process and provide the best
notice practicable under the circumstances and shall constitute due and sufficient
notice to all persons entitled thereto.

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[Proposed] Order Granting Preliminary Approval of Class Action Settlement

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6.

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is preliminarily certified for settlement purposes only.
7.

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This Court confirms Plaintiff Darlene Lewis as Class Representative and Thierman
Buck, LLP as Class Counsel.

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This Court confirms Class Action Administration, Inc. as CPT Group.

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

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

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

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Office of the Labor Commissioner and the U.S. Department of Labor) regarding

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claims released by the settlement unless and until such Class Members have filed

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valid Requests for Exclusion with the Claims Administrator and the time for filing

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It is ordered that the Settlement Class (as defined in the Stipulation of Settlement)

exclusions with the Claims Administrator has elapsed.
10.

This Court orders the following schedule for further proceedings:

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a.

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b.

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c.

Deadline for Defendant to Submit
Class Member Information to
Claims Administrator
Deadline for Claims Administrator
to Mail the Notices of Pendency of
Class Action, Claim and Consent
Form, and Exclusion Form to Class
Members
Deadline for Claims Administrator
to Mail Reminder Postcard

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d.

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Deadline for Class Members to
Postmark Exclusion Forms and
Claim and Consent Forms

August 27, 2015 [15 calendar days
after Order granting Preliminary
Approval]
September 1, 2015 [20 calendar days
after Order granting Preliminary
Approval]
October 6, 2015 [35 calendar days
after mailing of the Notice,
Exclusion Form, and Claims and
Consent Forms to Class Members]
November 15, 2015 [75 calendar
days after mailing of the Notice,
Exclusion Form, and Claims and
Consent Forms to Class Members]
November 15, 2015 [75 calendar
days after mailing of the Notice and
Exclusion Form to Class Members]

e.

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

f.

Deadline for Class Counsel to file November 20, 2015
Motion for Final Approval of [15 calendar days before
Settlement, Attorneys’ Fees, Costs, Final Approval Hearing]
and Enhancement Award

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[Proposed] Order Granting Preliminary Approval of Class Action Settlement

g.

Deadline for Class Counsel to File November 20, 2015
Declaration
from
Claims [15 calendar days before
Administrator of Due Diligence and Final Approval Hearing]
Proof of Mailing

h.

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Final Fairness Hearing and Final
Approval
Deadline for Defendant to deposit
the Net Settlement Amount into an
escrow account set up by the Claims
Administrator
Deadline for Claims Administrator
to mail the Settlement Awards and
the Enhancement Awards, and to
wire transfer the Attorneys' Fees and
Costs (if Settlement is Effective)
Claims Administrator to File Proof
of Payment of Settlement Awards,
Enhancement Awards, Attorneys’
Fees and Costs (if Settlement is
Effective)

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i.

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j.

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k.

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December 4, 2015
December 9, 2015
5 days after the Final Fairness
and Final Approval hearing
December 25, 2015
[21 calendar days after Effective Date]

March 3, 2016
[90 calendar days after Effective Date]

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IT IS SO ORDERED.

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August 12, 2015
DATED: ________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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4828-1123-8181, v. 1

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[Proposed] Order Granting Preliminary Approval of Class Action Settlement