Harris et al v. Metlife Auto & Home Insurance Agency, Inc. et al

Filing 37

ORDER that the 31 JOINT MOTION to Approve Settlement is Granted in its entirety. Signed by Magistrate Judge Carl W. Hoffman on 2/9/2015. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:14-cv-00244-CWH Document 35 Filed 12/18/14 Page 1 of 3

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COGBURN LAW OFFICES
ANDREW L. REMPFER, ESQ.
Nevada Bar No. 8628
[e-mail]
2879 St. Rose Parkway, Suite 200
Henderson, Nevada 89052
[phone]
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SHANE HARRIS, an individual; GARIAN
CARTER, an individual; DENISE HADDIX, an
individual; individually and on behalf of all Case No: 2:14-cv-00244-RCJ-CWH
others similarly situated,

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2879 St. Rose Pkwy., Suite 200
Henderson, Nevada 89052
[phone] FAX: [phone]

COGBURN LAW OFFICES

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Plaintiffs,

ORDER APPROVING SETTLEMENT

vs.
METLIFE AUTO & HOME INSURANCE
AGENCY, INC., a foreign corporation;
METROPOLITAN
PROPERTY
&
CASUALTY INSURANCE, INC., a foreign
corporation;
a
Nevada
corporation;
METROPOLITAN
LIFE
INSURANCE
COMPANY, a foreign corporation; DOES I
through V, inclusive; and ROE corporations I
through V, inclusive,
Defendants.

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On December 5, 2014 the parties filed a Joint Motion to Approve Settlement [Dkt. #31].

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On December 16, 2014 the parties, by and through their counsel of record, Andrew L. Rempfer,

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Esq. of Cogburn Law Offices and Christina M. Mamer, Esq. of Prince & Keating, appeared at

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the hearing regarding the Joint Motion.

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The Court reviewed the papers and pleadings on file herein and the respective arguments

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of counsel. The Court also provided an opportunity for objections to be lodged to the settlement.

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No objections were made after the Court inquired during the hearing that was noticed for, and

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occurred on, December 16, 2014.

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Case 2:14-cv-00244-CWH Document 35 Filed 12/18/14 Page 2 of 3

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After due consideration to the positions counsel articulated during the hearing, the Court
finds and concludes as follows:

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The proposed settlement resolves a wage and hour lawsuit pending since February 2014.

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Plaintiffs alleged they were misclassified as exempt from overtime under the Fair Labor

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Standards Act (“FLSA”) and state law.
The parties participated in a private mediation before Mediator Michael Dickstein on

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October 15, 2014. At the mediation, the parties successfully resolved their claims. At the

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mediation, the parties reached a global resolution of this dispute, subject to Court approval and

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without any admission of liability, for the sum of $425,000, inclusive of attorneys’ fees and

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costs. The Settlement Stipulation reached in this matter also contains a provision to calculate a

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damages/settlement figure for any future plaintiffs who may later seek to assert similar claims.

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2879 St. Rose Pkwy., Suite 200
Henderson, Nevada 89052
[phone] FAX: [phone]

COGBURN LAW OFFICES

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Settlements of FLSA claims may be submitted to a court for judicial approval. In re

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Sepracor Inc. Fair Labor Standards Act (FLSA) Litigation, 2009 WL 3253947, 2 (D. Ariz. 2009)

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(“FLSA claims may be compromised after the court reviews and approves a settlement in a

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private action for back wages under 29 U.S.C. §216(b).”) (citing Prater v. Commerce Equities

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Mgmt. Co., 2008 WL 5140045, 9 (S.D. Tex. 2008); Lynn’s Food Stores, Inc. v. U.S. Dep’t of

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Labor, 679 F.2d 1350, 1353 (11th Cir. 1982)). “The court ‘may approve a settlement if it reflects

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a reasonable compromise over issues.’” Sepracor, 2009 WL 3253947 at 2 (citing Hand v. Dionex

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Corp., 2007 WL 3383601 at 1 (D. Ariz. 2007); Lynn’s, 679 F.2d at 1354).

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The proposed Settlement reflects a good faith resolution of the issues in this case.

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Plaintiffs alleged that Defendants were liable for, among other things, alleged unpaid wages,

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liquidated damages and attorneys’ fees. Defendants, on the other hand, strongly contested

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liability under the FLSA and whether there were any damages. There are genuine disputes as to,

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among other things, whether Plaintiffs were misclassified, the amount of hours Plaintiffs

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allegedly worked and whether any hours qualified for overtime, and whether the rate at which

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Plaintiffs should be compensated was proper. The Settlement is not a product of collusion

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between the parties. The proposed settlement is “a fair and reasonable compromise of a bona fide

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Case 2:14-cv-00244-CWH Document 35 Filed 12/18/14 Page 3 of 3

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dispute under the FLSA.” Prater, 2008 WL 5140045 at 2.1

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Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Joint

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Motion to Approve Settlement is GRANTED IN ITS ENTIRETY consistent, in all parts, with

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the relief sought in the Joint Motion [Dkt. #31]. As explained above, the Settlement is a fair and

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reasonable compromise of all claims in this bona fide dispute;

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IT IS FURTHER ORDERED that on or before January 2, 2015, the parties shall submit a

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Stipulation and Order for dismissal with prejudice, with each party bearing their own attorneys’

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fees and costs.

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Dated this
day of December 2014.
February 9, 2015.

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2879 St. Rose Pkwy., Suite 200
Henderson, Nevada 89052
[phone] FAX: [phone]

COGBURN LAW OFFICES

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Respectfully Submitted By:

UNITED STATES
C.W. Hoffman, Jr. DISTRICT COURT JUDGE
United States Magistrate Judge

COGBURN LAW OFFICES
By: /s/ Andrew L. Rempfer, Esq.
ANDREW L. REMPFER, ESQ.
Attorneys for Plaintiffs
Approved As to Form and Content By:

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MORGAN LEWIS & BOCKIUS LLP

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By:
CHRISTOPER A. PARLO, ESQ.
Attorneys for Defendants
Admitted Pro Hac Vice

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And

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PRINCE & KEATING

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By:
DENNIS PRINCE, ESQ.
Attorneys for Defendants

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As noted in the parties’ Settlement Stipulation, the payment of settlement funds is a compromise,
settlement and accord and satisfaction of alleged loss, damages, claims, actions, causes of action, suits
and liability, all of which are expressly denied, doubtful, uncertain and disputed.

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