Acuna v. So. Nev. T.B.A. Supply Co.

Filing 99

ORDER granting 98 Motion to Amend/Correct; Revised Proposed Notice is due by 2/19/2019. Settlement Approval Hearing set for 3/29/2019 at 09:30 AM in LV Courtroom 3D before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr on 2/12/2019. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DANIEL ACUNA, et al.,

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Case No. 2:16-cv-00457-GWF
Plaintiffs,

v.

ORDER

SOUTHERN NEVADA T.B.A. CO..,
Defendant.

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This matter is before the Court on the parties’ Joint Motion Regarding Contents of Notice

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of Hearing for Final Approval of Settlement and to Change Date for Final Approval Hearing (ECF

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No. 98), filed on February 6, 2019.

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On January 31, 2019, the Court instructed the parties to file a proposed notice that sets

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forth the date and time of the final approval hearing. The parties attached to their joint motion a

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proposed notice to be sent to each individual class member notifying them of the final fairness

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hearing. See Joint Motion (ECF No. 98), Ex. C. The parties request that they need not include a

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procedure and time frame to file objections in the notice as class members have had an opportunity

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to file objections to the settlement. The parties further request that the final approval hearing date

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be set at an earlier date and time, and for permission to send the notice of the final fairness hearing

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via email to those class members for whom the Claims Administrator has email addresses. The

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Court finds good cause to grant the parties’ requests and, therefore, grants their joint motion. The

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final settlement approval hearing is hereby set for March 29, 2019 at 9:30 AM in Courtroom 3D.

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The parties’ proposed notice, however, contains errors. The address for the United States

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District Court, District of Nevada, should be 333 Las Vegas Boulevard South, Las Vegas, Nevada

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89101. In addition, the last paragraph of the notice refers to “Plaintiffs’ Counsel referenced at

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paragraph 39 above.” There is no paragraph 39 in the proposed notice. The parties must revise
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their proposed notice to include Plaintiffs’ counsels’ contact information. The parties shall revise

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their propose notice correcting the noted errors and file with the Court a proposed notice no later

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than February 19, 2019. The parties and/or Plaintiff shall serve this notice on the class members

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no later than February 28, 2019. The parties are required to file with the Court a certificate of

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service indicating that the notice was sent to the class members. Accordingly,

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IT IS HEREBY ORDERED that the parties’ Joint Motion Regarding Contents of Notice

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of Hearing for Final Approval of Settlement and to Change Date for Final Approval Hearing (ECF

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No. 98) is granted.

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IT IS FURTHER ORDERED that the final settlement approval hearing is set for March
29, 2019 at 9:30 AM in Courtroom 3D.

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IT IS FURTHER ORDERED that the parties shall file a revised proposed notice

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according to the provisions herein to be disseminated to each individual class member no later than

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February 19, 2019.

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Dated this 12th day of February, 2019.

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GEORGE FOLEY, JR.
UNITED STATES MAGISTRATE JUDGE

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