Botezatu v. Las Vegas Limousines, LLC

Filing 54

ORDER granting 49 Motion for Preliminary Approval of Class Action Settlement. Signed by Judge Richard F. Boulware, II on 6/5/2017. (Copies have been distributed pursuant to the NEF - JM)

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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
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
EMIL BOTEZATU

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John H. Mowbray, Nev. Bar No. 1140
Amy Abdo, Nev. Bar No. 6881
Kevin M. Green, Nev. Bar No. 12384
FENNEMORE CRAIG
1400 Bank of America Plaza
300 South Fourth Street
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
LAS VEGAS LIMOUSINES, LLC
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EMIL BOTEZATU, on behalf of himself
and all others similarly situated,

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Plaintiff,
vs.

Case No.: 2:16-cv-00397-RFB-PAL
[PROPOSED] ORDER GRANTING
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT

LAS VEGAS LIMOUSINES, LLC; and
DOES 1 through 50, inclusive,
Defendants.
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 Richard F. Boulware presiding, on June 5, 2017. 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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[Proposed] Order Granting Preliminary Approval of Class Action Settlement

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1.

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forth in the First Amended Joint Stipulation of Settlement and Release between

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Plaintiff and Defendant (“Stipulation of Settlement”) filed herewith.

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2.

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

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forth below.
4.

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for Class Members (“Notices of Pendency of Class Action”), in substantially the

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form attached to the Stipulation of Settlement as Exhibit C; and (ii) the Exclusion

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

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the procedure for Class Members to participate in, to opt out of and to object to,

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the settlement as set forth in the Notices of Pendency of Class Action.
5.

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This Court directs the mailing of the Notice of Pendency of Class Action and the
Exclusion Form by first class mail to the Class Members in accordance with

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Stipulation of Settlement and the schedule set forth below. This Court finds the

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dates selected for the mailing and distribution of the Notices of Pendency of Class

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Action and the Exclusion Form, as set forth in the schedule, meet the requirements

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of due process and provide the best notice practicable under the circumstances and

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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

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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 Declarant

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The Settlement falls within the range of reasonableness and appears to be
presumptively valid, subject only to any objections that may be raised at the final

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The

settlement appears to be fair, adequate and reasonable to the Class.

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

shall constitute due and sufficient notice to all persons entitled thereto.
6.

It is ordered that the Settlement Class (as defined in the Stipulation of Settlement)
is preliminarily certified for settlement purposes only.
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[Proposed] Order Granting Preliminary Approval of Class Action Settlement

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7.

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Buck, LLP as Class Counsel.
8.

This Court confirms Class Action Administration, Inc. as Simpluris, Inc.

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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

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

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regarding claims released by the settlement unless and until such Class Members

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have filed valid Requests for Exclusion with the Claims Administrator and the

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This Court confirms Plaintiff Emil Botezatu as Class Representative and Thierman

time for filing 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 Notice of Pendency of
Class Action, Claim and Consent
Form, and Exclusion Form to Class
Members
Deadline for Class Members to
Postmark Exclusion Forms

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

e.

Deadline for Class Counsel to file
Motion for Final Approval of
Settlement, Attorneys’ Fees, Costs,
and Enhancement Award
Deadline for Class Counsel to File _________, 2017
August 31
Declaration
from
Claims [15 calendar days
Administrator of Due Diligence and Approval Hearing]
Proof of Mailing

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July 5 , 2017
[30 calendar days after mailing of the
Notice and Exclusion Form to Class
Members]
July 5 , 2017
[30 calendar days after mailing of the
Notice and Exclusion Form to Class
Members]
_____________, 2017
August 31
[15 calendar days before Final
Approval Hearing]

d.

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June 15 , 2017
[10 calendar days after Order granting
Preliminary Approval]
June 25 , 2017
[20 calendar days after Order granting
Preliminary Approval]

f.

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before

Final

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g.

September 15
Final Fairness Hearing and Final _________________, 2017 at 4:00 PM
in LV Courtroom 7D.
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[Proposed] Order Granting Preliminary Approval of Class Action Settlement

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h.

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i.

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j.
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k.

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)
Deadline for Claims Administrator
to remit monies from uncashed
checks to cy pres

5 days after the Final Fairness and
Final Approval hearing
__________________, 2017
September 29
[14 calendar days after Effective
Date]

December 14
________________, 2017
[90 calendar days after Effective
Date]
December 14
________________, 2017
[90 calendar days after mailing
Settlement Awards]

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IT IS SO ORDERED.

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Dated: ________________
June 5, 2017
RICHARD F. BOULWARE, II
United States District Judge

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[Proposed] Order Granting Preliminary Approval of Class Action Settlement