Jastrzebski et al v. Copperfield et al

Filing 38

ORDER that 37 Motion for Preliminary Approval of Settlement is GRANTED. The fairness hearing to determine whether the proposed Settlement should be finally approved as fair, adequate and reasonable as to the proposed Settlement Class Members s hall be scheduled for and shall commence after 90 days from the date of this order, specifically on 5/26/15. IT IS FURTHER ORDERED that 24 Motion to Certify Class is denied as moot in light of this order. Signed by Chief Judge Gloria M. Navarro on 2/23/15. (Copies have been distributed pursuant to the NEF - TR)

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Yes, Exhibit 3 is a proposed order that can be signed. However, it should also note
that the pending Motion to Certify Class (ECF No. 24) is denied as moot in light of
the order. There is also a blank for a date to hold a fairness hearing 90 days from the
date of signing the order, which, if signed today, would be Tuesday, May 19.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAROSLAW JASTRZEBSKI; ZACHARY
ENGLAND; DANIEL BERRO;
CHRISTOPHER OBERLE; SETH DUHY;
ROBERT SMITH; SHANE ENGLE; JAMIE
EDELMAN; DANIEL MORRIS; DOUGLAS
MCKEEVER; ASHLEY KELLY; ZACHARY
MITCHELL; JOHNNY MITCHELL;
TREVOR GOFF; and TAYLOR DOYLE,
Individually and on Behalf of All Others
Similarly Situated,

CASE NO.: 2:14-CV-00250-GMN-CWH

JUDGE GLORIA M. NAVARRO

Plaintiffs,

ORDER GRANTING
JOINT MOTION FOR PRELIMINARY
APPROVAL OF SETTLEMENT, TO
PROCEED AS A COLLECTIVE
ACTION FOR PURPOSES OF
SETTLEMENT ONLY, TO ISSUE
NOTICE OF SETTLEMENT TO CLASS
MEMBERS, AND TO SET FINAL
APPROVAL HEARING

vs.
DAVID COPPERFIELD; CHRISTOPHER
KENNER; DAVID COPPERFIELD’S
DISAPPEARING INC., a Nevada Corporation;
BACKSTAGE EMPLOYMENT AND
REFERRAL, INC., a Nevada Corporation; and
IMAGINE NATION COMPANY, a Foreign
Corporation,
Defendants.

This Court has before it the Joint Motion filed on February 18, 2015 by Plaintiffs

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Jaroslaw Jastrzebski, Zachary England, Daniel Berro, Christopher Oberle, Seth Duhy, Robert

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Smith, Shane Engle, Jamie Edelman, Daniel Morris, Douglas Mckeever, Ashley Kelly, Zachary

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Mitchell, Johnny Mitchell, Trevor Goff, and Taylor Doyle, and the Defendants David

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Copperfield, Christopher Kenner, David Copperfield’s Disappearing Inc., Backstage
Employment and Referral, Inc., (“Backstage”) and Imagine Nation Company, (collectively the
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ORDER

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“Parties”), for an Order: (1) granting preliminary approval of the Parties’ proposed Collective

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Action Settlement Agreement (“Settlement”), a copy of which is attached to the Motion; (2)

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finding the Settlement to meet the standards for settlement of a collective action under 29

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U.S.C. §216(b) and preliminarily certifying this matter to proceed as a collective action under

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29 U.S.C. §216(b); (3) approving the form and content of the Parties’ proposed Notice of the

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Conditional Certification of the Settlement Class, Preliminary approval of the Settlement, and

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Hearing Date for Court Final Approval (“Notice of Settlement”), a copy of which is attached to

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the Settlement; (4) approving the form and content of the Parties’ proposed Claim and Consent

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Form (“Consent”), a copy of which is attached to Settlement Agreement; (5) directing the

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mailing of the Notice of Settlement, and Claim and Consent Form by first class mail to the

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potential settlement class members; and (6) scheduling a date for a fairness hearing on the

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question of whether the proposed Settlement should be finally approved as fair, adequate and

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reasonable as to the proposed settlement class.

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Upon said Motion and attached Exhibits, the Court finds as follows:

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1.

The Parties agree and the Court finds on a preliminary basis that the matter

satisfies the requirements of 29 U.S.C. § 216(b) and certifies this matter for settlement purposes
only pursuant to 29 U.S.C § 216(b).

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2.

The Parties agree and the Court finds on a preliminary basis that the Settlement

meets the standards for settlement under 29 U.S.C § 216(b), and the Court preliminarily

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certifies this matter to proceed as a collective action under 29 U.S.C. § 216(b), for the purpose
of implementing the terms of the Settlement.
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ORDER

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3. The Parties agree and the Court finds that Plaintiffs shall mean Jaroslaw Jastrzebski,

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Zachary England, Daniel Berro, Christopher Oberle, Seth Duhy, Robert Smith, Shane Engle,

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Jamie Edelman, Daniel Morris, Douglas Mckeever, Ashley Kelly, Zachary Mitchell, Johnny

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Mitchell, Trevor Goff, and Taylor Doyle, all of whom worked for Defendant Backstage

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Employment and Referral, Inc., and performed services directly related to the performance of

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David Copperfield’s show at the MGM Grand Hotel and Casino in Las Vegas, Nevada, or were

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employed as executive assistants to Mr. Copperfield indirectly related to the performance of his

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show, at any time during the period of January 1, 2012 – December 31, 2013, and worked 40

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hours or more in at least one workweek.

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4.

The Parties agree and stipulate and the Court finds on a preliminary basis that

Plaintiffs are similarly situated to the proposed Settlement Class Members they seek to

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represent in this collective action; that preliminary certification of this matter as a collective

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action under 29 U.S.C. § 216(b) is appropriate; and that preliminary certification of a class for

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settlement purposes is appropriate under 29 U.S.C. §216(b).

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5.

The Court finds Plaintiffs to be sufficient representatives of the proposed

Settlement Class Members; the Settlement Amount to be within range of fairness,
reasonableness and adequacy; and the settlement payment of attorney’s fees to be appropriate.

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6.

Plaintiffs’ counsel and Defendants agree and stipulate and the Court hereby finds

that the Settlement is fair, reasonable and adequate and therefore meets the requirements for

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preliminary approval.

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ORDER

7.

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The Parties agree and represent, and the Court hereby finds, that the Settlement

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and its terms were bargained for at arm’s length and are not the product of fraud, duress or

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collusion.

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8.

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The Parties stipulate and agree, and the Court finds, that the form and content of

the Notice of Settlement are sufficient and provide adequate opportunity for Settlement Class
Members to opt-in to this Action for purposes of participating in the settlement.

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9.

The Parties stipulate and agree, and the Court finds, that the form and content of

the Consent form are sufficient and provide adequate opportunity for Settlement Class Members

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to opt-in to this Action for purposes of participating in the settlement.

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10.

The Court conditionally certifies for settlement purposes only the following

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collective action class pursuant to the Fair Labor Standards Act: all non-exempt present and

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former employees of Defendant Backstage who were employed at any time between January 1,

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2012 and December 31, 2013, and performed services directly related to the performance of

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David Copperfield’s show at the MGM Grand Hotel and Casino in Las Vegas, Nevada, or were

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employed as executive assistants to Mr. Copperfield indirectly related to the performance of his

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show.

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11.

The Court appoints for settlement purposes only, Jakub Medrala of the Law Firm

of Donath & Medrala PLLC as counsel for the Class.

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12.

The parties are ordered to carry out the Settlement according to its terms.

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ORDER

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IT IS THEREFORE ORDERED:
That upon said Motion and attached Exhibits, the Joint Motion for Preliminary Approval

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of Settlement, to Proceed as a Collective Action for Purposes of Settlement Only, To Issue

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Notice of Settlement to Class Members, and to Set Final Approval Hearing is hereby

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GRANTED.

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The Parties’ Motion requesting that the Court issue an Order: (1) granting preliminary

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approval of the Parties’ proposed Settlement; (2) finding the Settlement to meet the standards

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for settlement of a collective action under 29 U.S.C. §216(b) and preliminarily certifying this

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matter to proceed as a collective action under 29 U.S.C. §216(b); (3) approving the form and

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content of the Parties’ proposed Notice of Settlement, a copy of which is attached to the

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Settlement; (4) approving the form and content of the Parties’ proposed Claim and Consent

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form, a copy of which is attached to Settlement; (5) directing the mailing of the Notice of

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Settlement, and Consent forms by first class mail to the potential Settlement Class Members;

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and, (6) scheduling a date for a fairness hearing on the question of whether the proposed

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Settlement should be finally approved as fair, adequate and reasonable as to the proposed

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settlement class is GRANTED.

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The fairness hearing to determine whether the proposed Settlement should be finally

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approved as fair, adequate and reasonable as to the proposed Settlement Class Members shall be

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scheduled for and shall commence after 90 days from the date of this order, specifically on

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Tuesday, May 26, 2015.
___________________.
IT IS SO ORDERED.

IT IS SO ORDERED.
IT IS FURTHER ORDERED that the pending Motion to Certify Class (ECF No. 24)
is denied as moot in light of this Order.
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_____________________________
DATED this 23rd day of February, 2015.

Gloria M. Navarro, Chief Judge
United States District Court
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ORDER

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ORDER

Gloria M. Navarro, Chief Judge
United States District Court
DATED: 02/23/2015