Littlefield v. Jackpot Joanies T.J., LLC et al

Filing 47

ORDER Granting Preliminary Approval of Class Action Settlement. A Final Approval Hearing is set for 5/9/2017 at 09:30 AM in LV Courtroom 3A before Magistrate Judge Carl W. Hoffman. Signed by Magistrate Judge Carl W. Hoffman on 3/2/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-00471-CWH Document 46 Filed 02/28/17 Page 1 of 3

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WENDY MEDURA KRINCEK, ESQ., Bar # 6417
KATHRYN B. BLAKEY, ESQ., Bar # 12701
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway, Suite 300
Las Vegas, NV 89169-5937
Telephone:
702.862.8800
Fax No.:
702.862.8811
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Defendants
JACKPOT JOANIES T.J., LLC; JACKPOT JOANIES C.R., LLC;
JACKPOT JOANIES E.H., LLC; JACKPOT JOANIES, FP, LLC;
ECLIPSE GAMING SHMP, LLC; AND MAR-LAR-CHAR, INC.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HEATHER LITTLEFIELD, an individual;
NICHOLAS PANARO, an individual, on behalf
of themselves and all other person similarly
situated,
Plaintiffs,
vs.

Case No. 2:16-cv-00471-JAD-CWH

[PROPOSED] ORDER GRANTING
JOINT MOTION FOR
PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT

JACKPOT JOANIES T.J., LLC; JACKPOT
JOANIES C.R., LLC; JACKPOT JOANIES
E.H., LLC; JACKPOT JOANIES, FP, LLC;
ECLIPSE GAMING SHMP, LLC; AND MARLAR-CHAR, INC.,
Defendants.

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This Court having considered the Joint Motion for Preliminary Approval of

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Class Action Settlement [ECF No. 45] and all supporting legal authorities and

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documents orders as follows:

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IT IS HEREBY ORDERED THAT:

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1.

The Court hereby preliminarily approves settlement of this action upon

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the terms and conditions set forth in the Agreement. The Court preliminarily finds

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that the gross settlement amount of $48,000.00 falls within the range of

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LITTLE R MEND ELSO N, P .C .
ATTORNEYS AT LAW
3960 H oward Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

Case 2:16-cv-00471-CWH Document 46 Filed 02/28/17 Page 2 of 3

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reasonableness necessary for preliminary approval and that this amount is fair,

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adequate, and reasonable as to all potential members of the settlement class when

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balanced against the probable outcome of further litigation, and ultimately relating to

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liability and damages issues.

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2.

The Court conditionally certifies the following class solely for purposes

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of settlement: all current and former hourly paid bartenders employed by Jackpot

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Joanies T.J., LLC, et al. at any time from March 3, 2013 through April 5, 2016.

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3.

Named plaintiffs Heather Littlefield and Nicholas Panaro are appointed

as class representatives and the Court preliminarily approves enhancement payments

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for the following amounts:

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Nicholas Panaro.

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4.

$3,500.00 for Heather Littlefield and $2,000.00 for

The Court appoints The Bourassa Law Firm as class counsel and

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preliminarily approves their attorney’s fee request of up to $8,333.00 and litigation

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costs of $1,000.00.

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5.

The Court confirms CPT Group, Inc. as the settlement administrator and

approves the notice and claim procedures set forth in the Agreement.
6.

The Court approves, as to form and content, the Notice to the Class of

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Proposed Settlement and the Claim Form, attached to the parties’ joint motion as

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Exhibits to the Declaration of Trent Richards at Exhibits B and C.

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7.

The Court directs defendants to provide to CPT a database report

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showing the names, last known addresses, social security numbers, and number of

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qualifying shifts of each settlement class member no later than 15 calendar days after

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entry of this Order preliminarily approving settlement.

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settlement class member the Notice of the Proposed Settlement and Claim Form by

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first class mail, no later than 30 days from the date the Court signs this Order granting

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preliminary approval of settlement. Class counsel will receive the aforementioned

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database report without the social security numbers of the settlement class members

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upon the close of the claims process.

LITTLE R MEND ELSO N, P .C .
ATTORNEYS AT LAW
3960 H oward Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

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CPT will send to each

Case 2:16-cv-00471-CWH Document 46 Filed 02/28/17 Page 3 of 3

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Class Counsel to file its motion for attorneys’ fees and costs, and class

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representative enhancement awards at least thirty (30) days prior to the final approval

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hearing.

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9.

All papers filed in support of final approval of the settlement, and

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response to any objections, will be filed at least fifteen (15) days prior to the final

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approval hearing.

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10.

A final approval hearing will be held in Courtroom 3A onon ___________,
this department May 9, 2017,

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at 9:30at _____ to determine (1) whether the proposed settlement is fair, reasonable,
2017 a.m.

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and adequate and should be finally approved by the Court; (2) the amount of

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attorney’s fees and litigation costs to award to class counsel; (3) the amount to be paid

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to CPT; and (4) the amount of the enhancement payments for the class representatives.

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IT IS SO ORDERED.

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Dated March 2, 2017 of ________ , 2017
this ____ day
_______________________________
CARL W. HOFFMAN
United States Magistrate Judge

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Approved as to form and content:

Dated: February 28, 2017

Dated: February 28, 2017

Respectfully submitted,

Respectfully submitted,

/s/ Kathryn B. Blakey, Esq.
WENDY MEDURA KRINCEK, ESQ.
KATHRYN B. BLAKEY, ESQ.
LITTLER MENDELSON, PLC.

/s/ Trent L. Richards, Esq.
MARK J. BOURASSA, ESQ.
TRENT L. RICHARDS, ESQ.
BOURASSA LAW GROUP

Attorneys for Defendants
JACKPOT JOANIES, et al.

Attorneys for Plaintiffs
HEATHER LITTLEFIELD et al.

Firmwide:146079581.1 089765.1001

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LITTLE R MEND ELSO N, P .C .
ATTORNEYS AT LAW
3960 H oward Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

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