McDonagh et al v. Harrah's Las Vegas, Inc. et al

Filing 96

ORDER Granting 87 Joint Motion for Preliminary Approval of Class Action Settlement. Class Counsel shall file its motion for attorneys' fees, costs, and class representative enhancement awards on 11/21/2016. All papers filed in support of final approval of the settlement, and response to any objections will be filed no later than 11/28/2016. Final Approval Hearing set for 12/13/2016 09:30 AM in LV Courtroom 3C before Magistrate Judge Carl W. Hoffman. Signed by Magistrate Judge Carl W. Hoffman on 9/14/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:13-cv-01744-CWH Document 95-3 Filed 09/13/16 Page 1 of 4

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NICOLE MCDONAGH and DAVID
GRUCELLO, on behalf of themselves,
and all other similarly situated,

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Case No. 13-cv-01744 RFB CWH
Hon. Carl W. Hoffman

Plaintiffs,

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vs.
HARRAH’S LAS VEGAS, INC.,
HARRAH’S ENTERTAINMENT, LLC;
and DOES 1 through 50, inclusive,

[PROPOSED] ORDER GRANTING
JOINT MOTION FOR
PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT

Defendants.

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On September 6, 2016, this Court considered the Joint Motion for Preliminary
Approval of Class Action Settlement.
Having considered the motion and all supporting legal authorities and documents
the Court orders as follows:
IT IS HEREBY ORDERED THAT:
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[PROPOSED] ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION
SETTLEMENT

Case 2:13-cv-01744-CWH Document 95-3 Filed 09/13/16 Page 2 of 4

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1.

The Court hereby preliminarily approves settlement of this action upon the

terms and conditions set forth in the Agreement. The Court preliminarily finds that the
gross settlement amount of $850,000 falls within the range of reasonableness necessary
for preliminary approval and that this amount is fair, adequate, and reasonable as to all
potential members of the settlement class when balanced against the probable outcome
of further litigation, and ultimately relating to liability and damages issues.
2.

The Court conditionally certifies the following class solely for purposes of

settlement: all current and former hourly paid dealers employed by Harrah’s Las Vegas
at any time from September 23, 2007 through June 30, 2010 and all current and former
dual-rate supervisors employed by Harrah’s Las Vegas at any time from September 23,
2007 through June 30, 2014.
3.

Named plaintiffs Nicole McDonagh and David Grucello are appointed as

class representatives and the Court preliminarily approves enhancement payments for
the following amounts: $15,000 each for Nicole McDonagh and David Grucello and
$5,000 to plaintiff Kimberley Daprizio.
4.

The Court appoints Thierman Buck LLP and The Markham Law Firm as

class counsel and preliminarily approves their attorney’s fee request of $212,500 and
litigation costs not to exceed $50,000.
5.

The Court confirms CPT Group, Inc. as the settlement administrator and

approves the notice and claim procedures set forth in the Agreement.
6.

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

Proposed Settlement and the Claim Form, attached to the Settlement Agreement as
exhibits 1 and 2, subject to the revisions to the class notice made by the parties
pursuant to the Court September 6, 2016 minute order (Dkt. No. 94).
7.

The Court directs defendants to provide to CPT a database report showing

the names, last known addresses, and social security numbers of each settlement class
member no later than 15 calendar days after entry of this Order preliminarily approving

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2
[PROPOSED] ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION
SETTLEMENT

Case 2:13-cv-01744-CWH Document 95-3 Filed 09/13/16 Page 3 of 4

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settlement. CPT will send to each settlement class member the Notice of the Proposed
Settlement and Claim Form by first class mail, no later than 30 days from the date the
Court signs this Order granting preliminary approval of settlement. Class counsel will
receive the aforementioned database report without the social security numbers of the
settlement class members upon the close of the claims process.
8.

Class Counsel to file its motion for attorneys’ fees, costs, and class
November 21, 2016
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November 21, 2016
representative enhancement awards on ______________________.

9.

All papers filed in support of final approval of the settlement, and response
November 21
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to any objections, will be filed no later than _________________, 2016.
10.

December 13,
Courtroom 3C
A final approval hearing will be held in this department on ____________,

9:30
2016 at ___________ a.m. to determine (1) whether the proposed settlement is fair,

reasonable, and adequate and should be finally approved; (2) the amount of attorney’s
fees and litigation costs to award to class counsel; (3) the amount to be paid to CPT; and
(4) the amount of the service payments for the class representatives.

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IT IS SO ORDERED.

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Dated: September 14, 2016
September __, 2016

_______________________________
___________________________
CARL W. HOFFMAN
United States Magistrate Judge

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[PROPOSED] ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION
SETTLEMENT