Sullivan et al v. Riviera Holdings Corporation

Filing 111

ORDER Granting 110 Motion for Preliminary Approval of Class Action Settlement. Signed by Judge Andrew P. Gordon on 10/30/2015. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:14-cv-00165-APG-VCF Document 110-6 Filed 10/26/15 Page 2 of 5

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Mark R. Thierman, Nev. Bar No. 8285
Joshua D. Buck, Nev. Bar No. 12187
THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, Nevada 89511
Tel. [phone]
Fax. [phone]

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Attorneys for Plaintiffs

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Anthony L. Martin, Nev. Bar No. 08177
OGLETREE, DEAKINS, NASH, SMOAK
& STEWART, P.C.
3800 Howard Hughes Parkway, Ste 1500
Las Vegas, NV 89169
Telephone: [phone]
Fax: [phone]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No. 2:14-cv-00165-APG-VCF

RAYMOND SULLIVAN and JULIA
CAUSEY, on behalf of themselves and all
others similarly situated,

[PROPOSED] ORDER GRANTING
PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT

Plaintiffs,
vs.
RIVIERA OPERATING CORPORATION
d/b/a RIVIERA HOTEL AND CASINO and
DOES 1 through 50, inclusive,

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Defendant.

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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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Court, the Honorable Andrew Gordon presiding, on October 30, 2015

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This Court, having

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considered the papers submitted in support of the application of the parties, HEREBY ORDERS
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THE FOLLOWING:
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1.

This Court grants preliminary approval of the Settlement based upon the terms set

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forth in the Settlement Agreement and Release between Plaintiffs and Defendant
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Case 2:14-cv-00165-APG-VCF Document 110-6 Filed 10/26/15 Page 3 of 5

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(“Settlement”) filed herewith. The Settlement appears to be fair, adequate and

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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

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fairness hearing 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 and costs to Class Counsel, the Enhancement Payment to Class

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Representatives, the Enhancement Payment to Opt-in Plaintiffs, and the Settlement

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Administrator fees, should be finally approved as fair, reasonable and adequate as

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

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below.

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4.

This Court approves, as to form and content, the Notice of Settlement, in

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substantially the form attached to the Settlement as Exhibit B, the Settlement

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Claim Form, in substantially the form attached thereto as Exhibit C, and the

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Exclusion Form, in substantially the form attached thereto as Exhibit D. This

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Court approves the procedure for Class Members to participate in, to opt out of

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and to object to, the Settlement as set forth in the Notice of Settlement.

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5.

This Court directs the mailing of the Notice of Settlement, Settlement Claim Form,

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and the Exclusion Form by first class mail to the Class Members in accordance

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with the schedule set forth below. This Court finds the dates selected for the

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mailing and distribution of the Notice, Settlement Claim Form, and the Exclusion

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Form, as set forth in the schedule, meet the requirements of due process and

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provide the best notice practicable under the circumstances and shall constitute due

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and sufficient notice to all persons entitled thereto.

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6.

It is ordered that the Class is preliminarily certified for settlement purposes only.

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Case 2:14-cv-00165-APG-VCF Document 110-6 Filed 10/26/15 Page 4 of 5

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7.

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This Court confirms Plaintiffs Raymond Sullivan, Julia Causey, Lamar Sherrod,
and Blanca Aguilar as Class Representatives.

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8.

This Court confirms Thierman Buck LLP as Class Counsel.

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9.

This Court confirms CPT Group, Inc. as the Settlement Administrator.

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10.

This Court orders the following schedule for further proceedings:

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c.

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Deadline for Defendant to Submit
Class Member Information to
Claims Administrator
Deadline for Claims Administrator
to Mail the Notice and the
Exclusion Form to Class Members
Deadline for Class Members to
Postmark Settlement Claim Forms

c.

Deadline for Class Members to
Postmark Exclusion Forms

a.

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b.

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d.

e.

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g.

, 2015
November 13
[14 calendar days after Order granting
Preliminary Approval]
, 2015
November 20
[21 calendar days after Order granting
Preliminary Approval]
, 2015
December 21
[30 calendar days after mailing of the
Notice packet]
, 2015
December 21
[30 calendar days after mailing of the
Notice packet]
, 2015
December 21
[30 calendar days after mailing of the
Notice packet]
, 2016
2015
January 6
[14 calendar days before Final
Approval Hearing]

Deadline for Receipt by Court and
Counsel of any Objections to
Settlement
Deadline for Class Counsel to file
Motion for Final Approval of
Settlement, Attorneys’ Fees, Costs,
Enhancement
Payments,
and
Settlement Administrator Fees
Deadline for Class Counsel to File
January 6
Declaration
from
Claims [14 calendar days
Administrator of Due Diligence Approval Hearing]
and Proof of Mailing

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before

, 2016
2015
Final

Case 2:14-cv-00165-APG-VCF Document 110-6 Filed 10/26/15 Page 5 of 5

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h.
i.

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j.

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k.

Final Fairness Hearing and Final
Approval
Deadline for Defendant to deposit
the remainder of Global Settlement
Fund into a qualified settlement
fund.
Deadline
for
Settlement
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)

, 2016
2015
Wednesday, January 6,
at 2:30 p.m.
2015
January 25, , 2016
[5 calendar days after the Final
Fairness and Final Approval hearing]
__________________, 2015
2016
January 28
[7 calendar days after Effective Date]

________________, 2015
2016
April 21
[90 calendar days after Effective
Date]

IT IS SO ORDERED.

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October 30, 2015
Dated: ________________

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H
Honorable
Honorable Andrew P. Gordon
P Gordo
Judge of the United States District Court

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