Beard v. Caesars Entertainment Corp. et al

Filing 44

ORDER granting 42 proposed order for preliminary approval of class action settlement. Signed by Judge Jennifer A. Dorsey on 5/23/2017. (Copies have been distributed pursuant to the NEF - DC)

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail]; www.thiermanbuck.com

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Mark R. Thierman, Nev. Bar No. 8285
[e-mail]
Joshua D. Buck, Nev. Bar No. 12187
[e-mail]
Leah L. Jones, Nev. Bar No. 13161
[e-mail]
THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, Nevada 89511
Tel. [phone]
Fax. [phone]
Attorneys for Plaintiffs Jason Beard,
on behalf of himself and all others
similarly situated

Elayna J. Youchah, Nev. Bar No. 5837
[e-mail]
JACKSON LEWIS P.C.
3800 Howard Hughes Parkway
Suite 600
Las Vegas, NV 89169
Tel. [phone]
Fax. [phone]

James A. McKenna (admitted pro hac vice)
[e-mail]
Jason A. Selvey (admitted pro hac vice)
[e-mail]
JACKSON LEWIS P.C.
150 North Michigan Avenue, Suite 2500
Chicago, Illinois 60601
Tel. [phone]
Fax: [phone]

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Attorneys for Defendants Caesars
Entertainment Corp. and Caesars Enterprise
Services, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JASON BEARD, on behalf of himself and all
others similarly situated,

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Plaintiffs,

ORDER GRANTING PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT

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Case No.: 2:16-cv-00833-JAD-NJK

vs.
CAESARS ENTERTAINMENT CORP.,
CAESARS ENTERPRISE SERVICES, LLC,
and DOES 1-50,
Defendants.

-1ORDER GRANTING PRELIMINARY APPROVAL

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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 Jennifer A. Dorsey presiding, on May 22, 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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1.

This Court grants preliminary approval of the Settlement and the Settlement
Classes based upon the terms set forth in the Joint Stipulation of Settlement and

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail]; www.thiermanbuck.com

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Release between Plaintiffs and Defendant (“Stipulation of Settlement”) filed

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herewith. The Settlement appears to be fair, adequate and reasonable to the Class.

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2.

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presumptively valid, subject only to any objections that may be raised at the final

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The Settlement falls within the range of reasonableness and appears to be

fairness hearing and final approval by this Court.
3.

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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 Enhancement

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Awards should be finally approved as fair, reasonable and adequate as to the
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members of the Class is scheduled in accordance with the Implementation

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Schedule set forth below.

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4.

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

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Action, Proposed Class Action Settlement, and Hearing Date for Court Approval

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(“Notice of Pendency of Class Action”), the Claim Form, and the Request for

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Exclusion form, in substantially the form attached as Exhibits A and B to the

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Stipulation of Settlement. This Court approves the procedure for Class Members

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to participate in, to opt out of and to object to, the Settlement as set forth in the

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Notice of Pendency of Class Action.

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-2ORDER GRANTING PRELIMINARY APPROVAL

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5.

This Court directs the mailing of the Notice of Pendency of Class Action and

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Proposed Settlement, and the Claim Forms by first class mail to the Class

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Members in accordance with the Implementation Schedule set forth below. This

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Court finds the dates selected for the mailing and distribution of the Notice and

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the Claim Form, as set forth in the Implementation Schedule, meet the

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

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circumstances and shall constitute due and sufficient notice to all persons entitled

THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail]; www.thiermanbuck.com

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thereto.
6.

It is ordered that the Settlement Class is preliminarily certified for settlement

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purposes only.
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7.

This Court confirms Plaintiff Jason Beard as Class Representative and Thierman
Buck, LLP as Class Counsel.

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8.

This Court confirms Simpluris as the Claims Administrator.

9.

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) regarding claims released by the

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Settlement unless and until such Class Members have filed valid Requests for

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Exclusion with the Claims Administrator and the time for filing claims with the

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Claims Administrator has elapsed.

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10.

This Court orders the following Implementation Schedule for further

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proceedings:

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a.

Deadline for Defendant to Submit
Class Member Information to
Claims Administrator

June 1, 2017
[10 calendar days after Order granting
Preliminary Approval]

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-3ORDER GRANTING PRELIMINARY APPROVAL

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b.

Deadline for Claims Administrator
to Mail the Notice and the Claim
Form to Class Members

June 5, 2017

Deadline for Class Members to
Postmark Claim Forms

July 5, 2017

Deadline for Class Members to
Postmark Requests for Exclusions

July 5, 2017

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

July 5, 2017

Deadline for Class Counsel to file
Motion for Final Approval of
Settlement, Attorneys’ Fees, Costs,
and Enhancement Award

September 1, 2017

Deadline for Class Counsel to File
Declaration from Claims
Administrator of Due Diligence
and Proof of Mailing

September 1, 2017

h.

Final Fairness Hearing in
Department 21 and Final Approval

September 8, 2017 at 10:00 a.m.

i.

Deadline for Defendant to Fund
Settlement Account maintained by
Claims Administrator

___________, 2017

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c.

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d.

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail]; www.thiermanbuck.com

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e.

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f.

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g.

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j.

[14 calendar days after Order granting
Preliminary Approval]
[30 calendar days after initial mailing
of the Notice and Claim Form to
Class Members]
[30 calendar days after initial mailing
of the Notice and Claim Form to
Class Members]
[30 calendar days after initial mailing
of the Notice and Claim Form to
Class Members]
[7 calendar days before Final
Approval Hearing]

[7 calendar days before Final
Approval Hearing]

[10 days after Effective Date]

Deadline for Claims Administrator ___________, 2017
to wire transfer the Attorneys’ Fees [5 calendar days after Defendant
and Costs to Class Counsel (if
Funds Settlement Account]
Settlement is Effective)

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-4ORDER GRANTING PRELIMINARY APPROVAL

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k.

Deadline for Claims Administrator
to mail the Settlement Awards to
Class Members and the
Enhancement Awards to Class
Representatives (if Settlement is
Effective)

[10 days after Defendant Funds
Settlement Account]

L.

Claims Administrator to File Proof
of Payment of Settlement Awards,
Enhancement Award, Attorneys’
Fees and Costs (if Settlement is
Effective)

___________, 2017

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[90 calendar days after Effective
Date]

THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail]; www.thiermanbuck.com

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IT IS SO ORDERED.
Dated: 5/23/2017

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Honorable Jennifer A. Dorsey
U.S. District Court Judge

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-5ORDER GRANTING PRELIMINARY APPROVAL